THIS AGREEMENT IS MADE BETWEEN Bryant, Bryant & Associates LLC &_______________________________ (Name),
agent of ________________________________________________(Company) HEREIN REFERRED TO AS CLIENT.
1. Upon placement of a claim(s), where a Tenant owes funds to CLIENT, Bryant, Bryant & Associates LLC will use its best efforts to expeditiously invoice the claim on behalf of CLIENT. Bryant, Bryant & Associates LLC agrees to charge a commission only on funds actually paid by Debtor to Bryant, Bryant & Associates LLC or Client and not the actual amount owed, subject to the provisions of paragraphs 4, 5 and 7 below.
2. CLIENT warrants the validity, amount and authenticity of all claims and accounts placed with Bryant, Bryant & Associates LLC for invoicing. Upon request by Bryant, Bryant & Associates LLC, CLIENT agrees to forward documentation to Bryant, Bryant & Associates LLC to prove the amount, and authenticity of the claim when requested.
3. Bryant, Bryant & Associates LLC shall notify CLIENT of any settlement offers received by Bryant, Bryant & Associates LLC and no settlement offer shall be accepted by Bryant, Bryant & Associates LLC without CLIENT'S express consent.
4. CLIENT may withdraw a claim placed with Bryant, Bryant & Associates LLC only where a) there has been no activity on the account in the preceding sixty (60) days and b) the claim is not in litigation or involved in an insolvency proceeding. All withdrawals must be done via fax to 321-593-4096 by CLIENT and any commission then due and payable to Bryant, Bryant & Associates LLC must be paid before the claim is deemed withdrawn. Any claim canceled by CLIENT while payments are being made by tenant will be billed by Bryant, Bryant & Associates LLC for the full anticipated commission due Bryant, Bryant & Associates LLC on the entire amount of the original claim assigned to Bryant, Bryant & Associates LLC. There is a fee of 10% of the principal balance of the account for administrative, initiation and clerical expense on all accounts withdrawn by CLIENT not in accordance with the provisions of paragraph 4a and 4b.
5. CLIENT shall report all direct payments made by Debtor to CLIENT to Bryant, Bryant & Associates LLC within three (3) business days of receipt of payment by CLIENT via fax to 321-593-4096 , and the commission due Bryant, Bryant & Associates LLC on the direct payment shall be remitted to Bryant, Bryant & Associates LLC, And within (21) days.
6. All claims placed with Bryant, Bryant & Associates LLC by CLIENT, regardless of amount, previous invoicing efforts or nation of tenant shall be billed by Bryant, Bryant & Associates LLC to CLIENT at a rate of 30% of any and all funds invoiced by Bryant, Bryant & Associates LLC. All claims placed with Bryant, Bryant & Associates LLC by CLIENT that are over one (1) year in age shall be billed by Bryant, Bryant & Associates LLC to CLIENT at a rate of 45% of any and all funds invoiced by Bryant, Bryant & Associates LLC. Any claim, over $10,000 in amount owed or claim regardless of age that requires litigation shall be billed at a rate of 50%.
7. Any merchandise returned to CLIENT by Debtor after initial contact by Bryant, Bryant & Associates LLC shall entitle Bryant, Bryant & Associates LLC to a commission equal to 10% of the actual invoiced amount when equipment was purchased.
8. Any claim placed with Bryant, Bryant & Associates LLC by CLIENT that is discovered to have been previously paid by tenant or placed by CLIENT error will be billed by Bryant, Bryant & Associates LLC to Client at a rate of 10% of the claim as an administrative, clerical and initiation fee.
9. Bryant, Bryant & Associates LLC shall account to CLIENT on a monthly basis all funds received by Bryant, Bryant & Associates LLC on CLIENT'S behalf and all remittances and/or invoices will be sent at this time.
10. CLIENT grants to Bryant, Bryant & Associates LLC and any attorney or billing firm that Bryant, Bryant & Associates LLC may forward client’s case to express authority to endorse and negotiate any check, draft or other negotiable instrument made payable to CLIENT for deposit in trust for distribution to CLIENT after deducting the commission and fees due Bryant, Bryant & Associates LLC under this agreement.
11. CLIENT understands that Bryant, Bryant & Associates LLC may at their discretion forward a case or a claim to an outside law firm or receivables network to assist in the recovery of said account and hereby grants Bryant, Bryant & Associates LLC permission to do so. It is further understood that CLIENT must give Bryant, Bryant & Associates LLC approval in the event that such a transfer will result in additional charges.
12. In no event shall Bryant, Bryant & Associates LLC be liable in any respect for the inability to invoice any account placed with Bryant, Bryant & Associates LLC by CLIENT for billing. It is understood and agreed that Bryant, Bryant & Associates LLC is not a guarantor of any specific result on accounts placed by CLIENT.
13. Bryant, Bryant & Associates LLC agrees and shall hold harmless CLIENT from any claim, demand, action, cost or judgment, including a reasonable attorney's fee arising out of any action done or failing to be done by Bryant, Bryant & Associates LLC in connection with the invoicing of any claim(s) place with Bryant, Bryant & Associates LLC by CLIENT for receivable management.
14. This agreement shall be construed in accordance with the laws of the State of Florida. In the event that any provision hereof is found to be invalid or unenforceable, then that provision shall deemed to be severed and removed and the remaining provisions shall remain valid and in full effect.
Agreed on this date ______/_____/_______.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, Bryant, Bryant & Associates LLC and/or its licencors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root-kit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Bryant, Bryant & Associates LLC express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Bryant, Bryant & Associates LLC. express written consent.
Access to certain areas of this website is restricted. Bryant, Bryant & Associates LLC. reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Bryant, Bryant & Associates LLC. discretion.
If Bryant, Bryant & Associates LLC. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Bryant, Bryant & Associates LLC. may disable your user ID and password in www.bryantbryantassociatesllc.com sole discretion without notice or explanation.]
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Bryant, Bryant & Associates LLC. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Bryant, Bryant & Associates LLC. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Bryant, Bryant & Associates LLC. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Bryant, Bryant & Associates LLC. reserves the right to edit or remove any material submitted to this website, or stored on Bryant, Bryant & Associates LLC. servers, or hosted or published upon this website.
Notwithstanding Bryant, Bryant & Associates LLC. rights under these terms and conditions in relation to user content, Bryant, Bryant & Associates LLC. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Bryant, Bryant & Associates LLC. makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Bryant, Bryant & Associates LLC. does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Bryant, Bryant & Associates LLC. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Bryant, Bryant & Associates LLC. has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Bryant, Bryant & Associates LLC. liability in respect of any:
death or personal injury caused by Bryant, Bryant & Associates LLC. negligence;
fraud or fraudulent misrepresentation on the part of Bryant, Bryant & Associates LLC. or
matter which it would be illegal or unlawful for Bryant, Bryant & Associates LLC. to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Bryant, Bryant & Associates LLC. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Bryant, Bryant & Associates LLC. officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Bryant, Bryant & Associates LLC. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Bryant, Bryant & Associates LLC..
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforce-ability of the other provisions of this website disclaimer.
You hereby indemnify Bryant, Bryant & Associates LLC. and undertake to keep Bryant, Bryant & Associates LLC. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Bryant, Bryant & Associates LLC. to a third party in settlement of a claim or dispute on the advice of Bryant, Bryant & Associates LLC. legal advisers) incurred or suffered by Bryant, Bryant & Associates LLC. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Bryant, Bryant & Associates LLC. other rights under these terms and conditions, if you breach these terms and conditions in any way, Bryant, Bryant & Associates LLC. may take such action as Bryant, Bryant & Associates LLC. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Bryant, Bryant & Associates LLC. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Bryant, Bryant & Associates LLC. may transfer, sub-contract or otherwise deal with Bryant, Bryant & Associates LLC. rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, constitute the entire agreement between you and Bryant, Bryant & Associates LLC. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Florida.
Bryant, Bryant & Associates LLC. E-Commerce Policies
We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page(s) you visited. We will only share this information with the clients to whom we are receiving payments on behalf of.
SECURITY POLICY: Your payment and personal information is always safe. Our Secure Socket Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including your credit card number, name, and address, so that it cannot be read while in transit over the internet.
REFUND POLICY: All over-payment refunds will be issued no later than the tenth day of the following month. All payments made are subject to refund upon customer asking to do so and investigation as to why the charge occurred in the first place.
SHIPPING POLICY: As we currently do not distribute any shippable goods, we do not have a shipping policy.
PAYMENT POLICY: **All captured = payments will be paid out in a 30, 60, 90 day Fee structure**
Registrations and authorizations
Bryant, Bryant & Associates LLC. is registered with the Florida department of revenue
The full name of www.bryantbryantassociatesllc.com is Bryant, Bryant & Associates LLC.
Bryant Bryant & Associates is committed to preserving the privacy and security of our customers' personal information and data.
•Registration is required on this site to safeguard the privacy and security of your information and that of your debtors. •Your information will not be sold or distributed to any other organization without your consent. •The information of your debtors will not be sold or distributed to any other organization without your consent. •While your account is active, Bryant Bryant & Associates will provide important updates regarding the status of your account. •Your IP address will be used to help diagnose problems with our servers, to administer our Web site, and for internal tracking and monitoring purposes. •Cookies must be enabled to enter into business transactions with Bryant Bryant & Associates; however, they are not needed to access the valuable content on the site. Cookies allow us to deliver user-specific information and services.
If you have questions about the Healthcare Insurance Portability and Accountability Act (HIPAA) and Bryant Bryant & Associates , please click here.
If you have questions about this privacy statement, the practices and policies of this site, or Bryant Bryant & Associates privacy or security, please click here or contact:
Bryant Bryant & Associates
409 Montgomery Pl. #165 Altamonte Springs FL 32714
Security Policy Changes
If at some point in the future there is a change to our information usage practices that affects your account, we will notify you by e-mail and by posting a message clearly on your login screen. You should also regularly check this posted privacy statement for changes.
Bryant Bryant & Associates has instituted industry-leading security technology to protect and minimize intrusion. Security practices and our technology systems are proprietary. If you have questions about our processes or security systems, please contact us.
IMPORTANT PRIVACY CHOICES FOR CONSUMERS
You have the right to control whether we share some of your personal information. Please read the following information carefully before you make your choices below.
We will collect the IP Address for internal security and other proprietary purposes. We will do so even if you have included a Do Not Track request. We do not release this data outside of our corporate environment nor utilize this data other than for internal purposes.
This Privacy Notice applies to Bryant Bryant & Associates and its subsidiaries .
You have the following rights to restrict the sharing of personal and financial information with our affiliates (companies we own or control) and outside companies that we do business with. Nothing in this form prohibits the sharing of information necessary for us to follow the law, as permitted by law, or to give you the best service on your accounts with us. This includes sending you information about some other products or services.
Restrict Information Sharing With Companies We Own or Control (Affiliates):
Unless you say "No," we may share personal and financial information about you with our affiliated companies.
[ ] NO, please do not share personal and financial information with your affiliated companies.
Restrict Information Sharing With Other Companies We Do Business With To Provide Financial Products And Services:
Unless you say "No," we may share personal and financial information about you with outside companies we contract with to provide financial products and services.
[ ] NO, please do not share personal and financial information with outside companies you contract with to provide financial products and services.
TIME SENSITIVE REPLY
You may make your privacy choice(s) at any time. Your choice(s) will remain unless you state otherwise. However, if we do not hear from you we may share some of your information with affiliated companies and other companies with whom we have contracts to provide products and services.
To exercise your choices do one of the following:
Call us toll free: 855-856-4436
Or, you may submit them online (your privacy preferences)
Or, you may print, complete and send back this form to us at 409 Montgomery PL #165 Altamonte Springs FL 32714. (You may want to make a copy for your records.)
Last name (please print):________________________________
Mailing Address (if different than the street address):
Terms & Legal Disclosures
The following terms and conditions ("Terms and Conditions") govern your use of the World Wide Web Site located at www.bryantbryantassociatesllc.net (this "website"). By accessing, viewing, or using the content, material, or services available on or through this website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this website and must exit immediately.
These Terms and Conditions may be changed at any time. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the website for at least 60 days after the change. It is the obligation of users visiting the website before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the website before the change was made.
This website has been prepared solely for the purpose of providing information about Bryant Bryant & Associates and the products and services offered by the company and its operating subsidiaries and affiliates. Without limiting the generality of anything else, Bryant Bryant & Associates makes no commitment, and disclaims any duty, to update this website or any of the information obtained through this website, and its shall not be responsible for any errors or omissions in the website. Bryant Bryant & Associates reserves the right to add, modify or delete any information on this website at any time, with or without notice.
Copyright and Other Proprietary Information:
Website text, graphics, design, selection and arrangement copyright © 2001-2008 Bryant Bryant & Associates All rights reserved. Bryant Bryant & Associates also owns a copyright in the website as a collective work and/or compilation. Permission is granted to download and print materials from this website only for the purpose of viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission Bryant Bryant & Associates is strictly prohibited. Removing or altering any copyright notice or any other proprietary notice on any website materials is strictly prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the website are proprietary to Bryant Bryant & Associates or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Bryant Bryant & Associates welcomes your feedback and suggestions about how to improve our products, information, and services and this website. By transmitting any suggestions, information, data, material, or other content (collectively, "Submissions") to Bryant Bryant & Associates, you automatically grant Bryant Bryant & Associates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the universe and to incorporate such in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s). Further, Bryant Bryant & Associates is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any communications you send to this website for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.
Disclaimers; Disclaimers Regarding Other Servers and Web Sites:
This website, the website materials on and in and made available through this website, and the services, information, and products offered by Bryant Bryant & Associates and its operating subsidiaries and affiliates in connection therewith are made available "as is" and "with all faults." Use of this website is entirely at your own risk.
Bryant Bryant & Associates make no representations or warranties, and disclaim all representations and warranties, with respect to this website, the website materials on and in and made available through this website, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all website materials on and in and made available through this website is with you.
Bryant Bryant & Associates shall not be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this website, the website materials on and in and made available through this website, or the services, information, and products offered in connection therewith, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Bryant Bryant & Associates to you or any other person or entity in connection with, based upon, or arising from this website, the website materials on and in and made available through this website, or the services, information, or products offered in connection therewith exceed the price paid by you for use of this website.
Without limiting the generality of the foregoing, other sites that may be listed or linked in this website are not under the control of Bryant Bryant & Associates Accordingly, Bryant Bryant & Associates can make no representation concerning the content of these sites to you, nor can the fact that Bryant Bryant & Associates has given you this listing serve as an endorsement by Bryant Bryant & Associates of any of these sites. Bryant Bryant & Associates is providing links to these sites as a convenience to you. Bryant Bryant & Associates has not tested any software that may be found on these sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found there. There are inherent dangers in the use of any software found on the Internet, and Bryant Bryant & Associates cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. Bryant Bryant & Associates is not responsible for any content, information, products, services, or software offered by any other party or at any other web site.
Bryant Bryant & Associates has a Privacy Notice setting out Bryant Bryant & Associates’s online information gathering and dissemination practices with respect to the website. The Privacy Notice is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
Governing Law and Jurisdiction:
These Terms and Conditions, including, without limitation, the Privacy Notice, represent the entire agreement between you and Bryant Bryant & Associates with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of California, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the uniform computer information transactions act drafted by the national conference of commissioners on uniform state laws shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law.
By accessing, viewing, or using the works, content, or materials on this website, you consent to the exclusive jurisdiction of the federal and state courts presiding in Seminole County, Florida, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This website is controlled and operated by Bryant Bryant & Associates from its offices within the United States. Without limiting anything else, Bryant Bryant & Associates makes no representation that the works, content, materials, services, information, or products available on, in, or through the website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access this website from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Bryant Bryant & Associates to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Headings used in these Terms and Conditions, including, without limitation, the Privacy Notice, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Notice). The waiver or failure of Bryant Bryant & Associates to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms and Conditions. Bryant Bryant & Associates reserves the right to terminate your access to this website in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.