Common use of Choice of Forum/Jurisdiction Clause in Contracts

Choice of Forum/Jurisdiction. Notwithstanding sections 20(a) and 20(b) above, if Market America suspects that Speaker has violated this Agreement, Market America may, in its sole discretion, prior to or instead of invoking the arbitration remedy contained in Section 20(b) of this Agreement, commence an action, litigation, or proceeding against Speaker seeking any and all remedies available to Market America at law or in equity, including, without limitation, an injunction in any court of competent jurisdiction in Guilford County, North Carolina or in any jurisdiction (a) in which the suspected violation occurred; (b) in which Speaker resides (or if Speaker is a business entity, in which Speaker was created); or (c) in which Speaker may have conducted or developed his/her Market America business. In such a case, if the courts of the concerned jurisdiction are unable or unwilling to apply North Carolina law, the laws of the jurisdiction shall apply. Speaker irrevocably submits and consents to the personal jurisdiction of such courts in the event that Market America invokes this provision. Speaker further agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced against Speaker in other jurisdictions by suit on the judgment or in any other manner provided by law.

Choice of Forum/Jurisdiction. Notwithstanding sections 20(a) and 20(b) above, if Market America suspects that Speaker Coordinator has violated this Agreement, Market America may, in its sole discretion, prior to or instead of invoking the arbitration remedy contained in Section 20(b) of this Agreement, commence an action, litigation, or proceeding against Speaker Coordinator seeking any and all remedies available to Market America at law or in equity, including, without limitation, an injunction in any court of competent jurisdiction in Guilford County, North Carolina or in any jurisdiction (a) in which the suspected violation occurred; (b) in which Speaker Coordinator resides (or if Speaker Coordinator is a business entity, in which Speaker was it were created); or (c) in which Speaker Coordinator may have conducted or developed his/her Market America business. In such a case, if the courts of the concerned jurisdiction are unable or unwilling to apply North Carolina law, the laws of the jurisdiction shall apply. Speaker Coordinator irrevocably submits and consents to the personal jurisdiction of such courts in the event that Market America invokes this provision. Speaker Coordinator further agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced against Speaker Coordinator in other jurisdictions by suit on the judgment or in any other manner provided by law.