Terms of Use

UPDATED: 07/09/24

COOL SOLUTIONS PROVIDES A VARIETY OF SERVICES SUBJECT TO THESE TERMS OF SERVICE. BY CHECKING THE BOX OR CLICKING THE BUTTON NEXT TO A LINK TO THIS AGREEMENT ON ANY OF OUR SIGN-UP PAGES, BY EXECUTING AN ORDER FORM OR STATEMENT OF WORK THAT REFERENCES THIS AGREEMENT, BY SIGNING UP FOR AN ACCOUNT, BY LOGGING IN TO YOUR ACCOUNT, OR BY ACCESSING ANY PART OF THE SERVICES, YOU, AS A CUSTOMER OF THE SERVICES OR A REPRESENTATIVE OF AN ORGANIZATION THAT IS A CUSTOMER OF THE SERVICES, REPRESENT AND WARRANT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE SERVICES IS TRUE, ACCURATE, CURRENT AND COMPLETE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ORGANIZATION YOU HAVE NAMED AS THE AUTHORIZED USER, AND TO BIND THAT ORGANIZATION TO THIS AGREEMENT. NOTE THAT BY REPRESENTING AND WARRANTING TO THE ABOVE, YOU ARE MAKING A LEGALLY ENFORCEABLE AGREEMENT.

By using eSPACE (“eSPACE Service”) and/or FACILITeSPACE (“IoT Service” and together with the eSPACE Service, the “Services”) services of Cool Solutions Group, LLC (“Cool Solutions”), dba Smart Church Solutions, which includes the software and the Customer Care plans, you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Cool Solutions reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://app.espace.cool/public/termsofuse

Violation of any of the terms below will result in the termination of your Account. While Cool Solutions prohibits such conduct and Content on the Services, you understand and agree that Cool Solutions cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 13 years or older to use the Services.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the subscription creation process
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  5. You are responsible for maintaining the security of your account and password. Cool Solutions cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all content, data and other materials (“Content”) posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  7. You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
  8. You commit that the data entered to establish the pricing package is accurate. Any misrepresentation of said data will be cause to terminate your account.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card or checking account is required for paying accounts.
  2. The Services Setup Fee is billed before the organization account can be accessed for the first time. If an account is suspended and reactivated before the organization’s account data has been deleted (in accordance with our data retention policy), there is no setup fee for reactivation. However, if the account has been suspended and deleted, a new account must be set up, and a separate setup fee will be required. There are no credits or refunds for setup fees.
  3. The Service is billed in advance on a recurring basis of your choice (monthly or yearly) and is non-refundable. There will be no refunds or credits for partial payment-periods of service, upgrade/downgrade refunds, or refunds for any unused portion of payment periods with an open account. In order to treat everyone equally, no exceptions will be made.
  4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on Cool Solution’s income.
  5. For any changes in the Service subscription that are considered an "upgrade", the credit card that you provided will automatically be charged at the time of the upgrade request, and the upgrade features will be available for use upon the successful payment transaction. Downgrades to the Service subscription, as well as changes to billing frequency, will not go into effect until your next billing cycle, which is also when the new downgrade rate will be charged. Downgrade requests can be canceled before they go into effect at the next billing cycle.
  6. Any services or products that result in billing after the services are rendered or products are shipped should be paid in full within the specified Net terms of the invoice. Failure to do so will result in the suspension of your eSPACE account. No refunds or credits are issued for suspension periods.
  7. You agree that your account usage will be audited by Cool Solutions, at least annually, to ensure that your usage does not exceed the usage permitted under your current pricing package for the Service. If, as a result of any such audit, Cool Solutions determines that your average monthly usage over the previous 12 months exceeds the usage permitted under your applicable pricing package, you will automatically be upgraded to the appropriate pricing package (based on actual usage), and you will be charged the rate associated with the appropriate pricing package starting with the next billing cycle.

Free Trials and Trial Upgrade Terms

  1. From time to time, Cool Solutions may offer a free trial period for a particular Service ("Trial Period") to first-time customers or certain existing customers that Cool Solutions, in its sole discretion, deems eligible for trial upgrades. To activate a Trial Period, you may be required to enter valid payment information to help ensure a seamless transition to a paid Service at the end of the Trial Period, unless canceled prior to the end of the Trial Period.
  2. During the Trial Period, you will have full access to the Service functionalities, under the terms and conditions applicable to the Service being trialed.
  3. The duration and specific terms of the Trial Period will be stated at the time of sign-up. You may cancel the Trial Service at any time during the Trial Period without charge. Upon cancellation, your access to the Trial Service will cease immediately.
  4. Failure to cancel the Service, in accordance with the Cancellation and Termination section below, before the end of the Trial Period, will result in the Service automatically converting into a paid subscription, and your designated payment method will be charged the applicable Service fee, which will be billed in advance (monthly or yearly) at the standard rate for the Service plan chosen at the end of the Trial Period.
  5. Only one free Trial Period is permitted per organization for a specific Service. Cool Solutions reserves the right to limit eligibility for or duration of the Trial Period for any reason and to modify or discontinue trial offers at any time without notice.
  6. No refunds or credits will be provided for partial use of Services during a Trial Period or for any unused portion of a Trial Period where a cancellation has occurred prior to the end of such Trial Period, unless legally required.
  7. Cool Solutions reserves the right to revoke the Trial Period and put a hold on your account in case of suspected abuse of the trial offer.

Cancellation and Termination

  1. Cool Solutions, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Cool Solutions service, for any reason at any time. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Cool Solutions reserves the right to refuse service to anyone for any reason at any time.
  2. Your organization's billing contact is responsible for your account and the Services you are subscribed for. You can terminate any subscriptions by using the "Cancel Subscription" option on the subscription page of your account at any time before the start of the next subscription cycle, otherwise you will be automatically billed for the next subscription cycle. The cancellation will take effect the day after the last day of your current subscription period.
  3. Upon termination of service, you will remove any and all external links to eSPACE ("app.eSPACE") and FACILITeSPACE, including but not limited to websites, web calendar, HVAC system integration, digital signage, access control, intranets, RSS feeds, API interfaces, etc.

Modifications to the Service and Prices

  1. Cool Solutions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by posting the changes to the Cool Solutions website (www.smartchurchsolutions.com) or the applicable Service itself. This also includes the addition of other services such as paid customer service/care offerings and other integrations with other systems, services, and applications.
  3. Cool Solutions shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
  4. Should it be deemed necessary to terminate operations of eSPACE, Cool Solutions will provide a 30 day written/email notice of its intent.
  5. During said 30 day period, subscribers may export their data using the existing tools available to account admins to export, download, or print their data.

Copyright and Content Ownership

  1. All content posted on the Services must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Services. Your profile and Content you upload remain yours. However, by setting your data to be shared publicly, you agree to allow others (within your organization or otherwise, as applicable) to view and share your Content.
  3. Cool Solutions does not pre-screen Content, but Cool Solutions and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services.
  4. The look and feel of the Service is copyright©2024 Cool Solutions Group, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Cool Solutions.
  5. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/ her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Services the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give Cool Solutions legally sufficient notice of infringement. Send copyright infringement complaints to our DMCA Representative, at the following email address: copyright@coolsolutionsgroup.com.

FACILITeSPACE Terms of Use

The following terms of use will apply if you have subscribed to the IoT Service:

Purpose: Your use of the IoT Service may require access to eSPACE. Cool Solutions only provides the IoT Service as an integration tool for eSPACE.

System Requirements: The IoT Service will not be accessible without an eSPACE Service subscription and the hardware, software, and any other system elements that may be specified by Cool Solutions. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the IoT Service may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the eSPACE Service.

Service Levels: IoT Service may be inaccessible due to scheduled and unscheduled reasons, including security reasons, maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, you may be unable to access or use all of, or a portion of, the IoT Service. In the event of an outage or interruptions that Cool Solutions determines may cause risk to the IoT Service, Cool Solutions may determine in its sole discretion to suspend the IoT Service. You acknowledge and agree that your ability to access the IoT Service, your account, billing account, and content may be suspended, delayed or interrupted for any reason, including scheduled and unscheduled maintenance, power outages, system failures and other interruptions. You agree you will not be entitled to any refund or rebate for such suspensions. Cool Solutions does not offer any specific uptime guarantee. Relatedly, lack of payment to Cool Solutions when due may result in suspension of the IoT Service.

Support: Cool Solutions will provide customer support for issues related to and caused by or due to the IoT Service. If Cool Solutions later determines that such issues were unrelated or not caused by or due to the IoT Service, Cool Solutions will bill you $175 per hour for a minimum of one hour for support provided.

Security: Cool Solutions uses a variety of security technologies and procedures to help protect unauthorized access to or use of the IoT Service; however, we cannot guarantee that we will be successful at doing so. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your data, content, software programs or services you use in connection with your access to or use of the IoT Service. Cool Solutions strongly encourages you, where available and appropriate, to take measures to protect your data, content, software applications or services.

Use: IF THE IOT SERVICE IS NOT PROPERLY CONFIGURED, OR IF THE IOT SERVICE OR ANY SENSORS ARE OUTSIDE THE DETECTION RANGE OR HINDERED OR OBSTRUCTED BY WALLS, FURNITURE, PERSONAL PROPERTY OR OTHER THINGS, YOU MAY EXPERIENCE FALSE ALERTS OR DETECTION FAILURES. It is your responsibility to test the IoT Service once configured to be sure the IoT Service (and any related sensors, components and peripherals) are functioning and communicating as intended and designed. The IoT Service may use various open or commonly available standards or means to communicate and work with smart or connected devices that are also similarly used by other systems or services not manufactured by Cool Solutions, including Wi-Fi, Bluetooth, and IP devices.

SMART, CONNECTED OR OTHER DEVICES AND RELATED SERVICES (“THIRD-PARTY PRODUCTS AND SERVICES”) THAT ARE NOT DESIGNATED BY COOL SOLUTIONS AS COMPATIBLE WITH THE IOT SERVICE MAY NOT WORK, OR MAY HAVE LIMITED FEATURES OR FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING THE SAME OR SIMILAR STANDARDS OR MEANS OF COMMUNICATION. YOU AGREE ONLY TO USE THIRD-PARTY PRODUCTS AND SERVICES DESIGNATED BY COOL SOLUTIONS AS COMPATIBLE WITH THE IOT SERVICE AND YOU SHALL BE RESPONSIBLE FOR PURCHASING ANY THIRD-PARTY PRODUCTS AND SERVICES COOL SOLUTIONS DESIGNATES AS NECESSARY FOR THE IOT SERVICE.

FURTHER, YOU AGREE THAT COOL SOLUTIONS IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE AND HOLD COOL SOLUTIONS HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM, RELATED TO, OR CAUSED BY, ANY FAILURE OF THIRD-PARTY PRODUCTS AND SERVICES OR ANY THIRD-PARTY VENDOR SYSTEMS USED IN CONNECTION WITH THE SERVICES, OR ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, THIRD-PARTY PRODUCTS AND SERVICES THAT ARE NOT CERTIFIED BY COOL SOLUTIONS AS COMPATIBLE WITH THE PRODUCTS AND SERVICES.

JACE/BACNet Terms of Use

The following terms of use will apply if you have subscribed to the JACE/BACNet Service:

  1. Customer assumes all responsibility in reading and following the steps outlined in the integration document provided by Cool Solutions. Cool Solutions will provide no labor, installation, or onsite services, and customer is responsible for contracting directly with a qualified HVAC control vendor for all such services.
  2. The Services exclude any miscellaneous and/or additional components that may be required for installation, and customer is responsible for procuring all such components.
  3. Cool Solutions shall have no liability for any failures due to manufacturing defects. Customer agrees that any recourse with respect to such failures will be handled through the manufacturers' process and warranty practices.
  4. Niagara® JACE Clarifications:
    1. Customer is responsible for contracting directly with a qualified controls vendor with experience with some or all of the following: system controls programming, certification for Niagara A/X systems, certification for Niagara N4 systems, Tridium JACE. This firm should be able to program the COOLSPACE driver schedules to the appropriate units on the JACE.
    2. Device Limit (N4)— Customer is responsible for verifying the Tridium required device limit of the JACE, including the devices that are added by using the COOLSPACE driver and/or the eSPACE Event Scheduler and purchasing additional device count packs as necessary.
    3. If customer updates the version of Niagara that your JACE is running in the future, customer will be responsible for the cost of re-provisioning the driver license.
  5. NORTH Dongle BACnet Clarifications:
    1. Customer is responsible for contracting directly with a qualified controls vendor and will be responsible for the discovery of the BACnet points on the network coming from the North software. These points must be read by the control system and programmed to perform the appropriate action.
    2. The specified dongle requirements are based on information gathered from the Customer. Any deviation from the original data or our understanding of the data could impact the cost of the dongle.

Warranties

  1. THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND COOL SOLUTIONS AND ITS LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.
  2. Cool Solutions does not warrant that (i) the Services will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, or (v) any errors in the Services will be corrected.
  3. Manufacturer’s Warranty. You expressly understand and agree that warranties regarding patents, materials, workmanship or use of any products purchased through Cool Solutions and/or used in connection with the Services (the "Manufacturer's Warranty"), if any, are made exclusively by the manufacturer of such product and Cool Solutions passes through any Manufacturer’s Warranty, to the extent transferrable, to you. Your exclusive remedy under Manufacturer's Warranty shall be as provided by the manufacturer and shall lie exclusively against and be obtainable only from the manufacturer, and you expressly agree that you shall have no claim or cause of action against Cool Solutions in the event the manufacturer is for any reason unwilling or unable to perform under the terms of Manufacturer's Warranty.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT WILL (A) COOL SOLUTIONS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST DATA OR LOST PROFITS ARISING FROM OR RELATING TO THE SERVICES OR THE PRODUCTS, EVEN IF COOL SOLUTIONS KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) COOL SOLUTIONS’ TOTAL CUMULATIVE LIABILITY FOR ANY DIRECT DAMAGES, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF LIFE OR ANY OTHER DAMAGES NOT EXCLUDED OR PRECLUDED PURSUANT TO (A) ABOVE, ARISING FROM OR RELATED TO THE SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE FEES ACTUALLY PAID BY YOU TO COOL SOLUTIONS IN THE TWELVE (12) MONTHS PRIOR TO THE CIRCUMSTANCES GIVING RISE TO SUCH CLAIM. UNDER NO CIRCUMSTANCES WILL COOL SOLUTIONS BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF, OR EXPOSURE TO, ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF COOL SOLUTIONS IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILFUL, INTENTIONAL OR RECKLESS MISCONDUCT OF COOL SOLUTIONS OR GROSS NEGLIGENCE OF COOL SOLUTIONS IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Technical support is only provided to paying account holders and is only available via web, email and telephone, unless mutually agreed upon and based on the Service tier and Customer Care plan accepted by you.You understand that Cool Solutions uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Accordingly, when using Third-Party Products and Services (as defined herein) you are responsible for any information you provide to the third party. Cool Solutions has no responsibility or liability for Third-Party Products and Services. Publishers of Third-Party Products and Services may change or discontinue the functionality or features of their service.
  3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Cool Solutions, or any other Cool Solutions service.
  4. You agree not to reproduce, reverse engineer, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Cool Solutions.
  5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Cool Solutions customer, employee, member, or officer will result in immediate account termination.
  7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. If your bandwidth usage exceeds the average bandwidth usage (as determined solely by Cool Solutions) of other eSPACE customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  11. You expressly understand and agree that Cool Solutions shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cool Solutions has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  12. Furthermore, you agree that if your account is modified, adapted or hacked which in turns causes harm to your organization related to access to your facility, control of major facility systems or the like, that you will hold harmless Cool Solutions Group, LLC and its employees, partners and affiliates.
  13. The failure of Cool Solutions to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Cool Solutions and govern your use of the Service, superseding any prior agreements between you and Cool Solutions (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be sent to support at support@smartchurchsolutions.com.
  15. THESE TERMS AND THE USE OF THE SERVICES WILL BE GOVERNED BY NORTH CAROLINA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF MECKLENBURG COUNTY, NORTH CAROLINA, AND YOU CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.