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I am submitting to you, Najarian Furniture Co., Inc., various materials (herein called “submitted material”) written, created or controlled by me. In connection therewith, and in consideration of you permitting me to make such submission, I acknowledge that clicking below I am entering into a legally binding agreement and agree as follows:
1. The submitted material is being submitted by me voluntarily, on an unsolicited basis, and not in confidence, and no confidential relationship is intended or created between us as a result thereof. I further acknowledge and agree that you have no obligation to examine any of the submitted materials or read the submitted materials, return the submitted materials, provide me with any feedback and/or otherwise communicate with me regarding the submitted materials.
2. You agree that you shall not use the submitted material unless you shall first negotiate with me and agree upon compensation to be paid to me for such use, but I understand and agree that your use of material containing features or elements similar to or identical with those contained in the submitted material shall not obligate you to negotiate with me nor entitle me to any compensation if you have an independent legal right to use such other material which is not derived from me (either because such features or elements were not new or novel, do not constitute an original expression protected by any copyright law, are not substantially similar to such other material, are in the public domain, or were not originated by me, and/or were or may hereafter be independently created and submitted by other persons, including you and your employees).
3. I represent and warrant that I own all right, title and interest in and to the submitted material throughout the world, in all media, in perpetuity, free of all claims or encumbrances, and have the exclusive right to offer all rights exclusively in the submitted material to you.
4. I agree that no obligation of any kind is assumed or may be implied against you by reason of your consideration of the submitted material or any discussions or negotiations we may have with respect thereto, except pursuant to an express written agreement hereafter executed by you and me which, by its terms, will be the only contract between us.
5. Any dispute arising out of this Agreement shall be submitted to arbitration in Los Angeles, California through JAMS, and the arbitrator shall have the right to award the prevailing party its reasonable attorney’s fees and costs. This is our entire agreement. No statements or representations have been made except those expressly stated herein. This Agreement will be interpreted in accordance with the laws of the State of California.
9. I understand that whenever the word “you” or “your” is used above, it refers to (a) you; (b) any company affiliated with you by way of common stock ownership or otherwise; (c) your subsidiaries, (d) subsidiaries of such affiliated companies; (e) your directors, officers, agents, representatives, servants, employees, attorneys, stockholders, clients, successors and assigns and those of any person or entity referenced in (a), (b), (c) and/or (d) above; and (f) to all other parties to whom I submit any materials with you or on your behalf or with whom you develop, produce and/or distribute any such materials.