Terms and Conditions Part 2
I. Disclaimers and Limitation of Liability:
Company publishes information on its Sites as a convenience to its visitors. While Company attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Sites at any time without notice (including, without limitation, after you have submitted a purchase order). Company does not claim that the information in the Sites is appropriate to your jurisdiction or that the products described in its Shopping Site will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITES, WHICH IS PROVIDED "AS IS." COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITES, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITES, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITES OR ITS FUNCTION OR THE CONTENT OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS AND/OR MEMBERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Company makes no warranties of any kind regarding any non-Company sites to which you may be directed or hyperlinked from the Sites. Hyperlinks are included solely for your convenience, and Company makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Company sites. Further Company has no responsibility for the privacy practices of such non-Company sites. Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Sites.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITES OR THE CONTENT OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
J. Indemnity: You agree to defend, indemnify and hold Company, its directors, officers, employees, agents, licensors, suppliers and affiliates harmless from and against any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees and costs, in any way arising from, related to or in connection with the use of the Sites, violation of these Terms or the posting or transmission of any materials on or through the Sites by you (or any other person accessing the site through your account), including, but not limited to, any third-party claim that any information or materials infringes any third party proprietary right.
K. Disputes: Any dispute relating in any way to these Terms, your visit to the Sites, or to any transaction with Company shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any Company Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
L. Notices: Company may deliver notice to you by means of electronic mail, a general notice on the site or by written communications delivered by U.S. mail to your address on record in the Shopping Site account information.
M. Geographic Limits of Service: We control and operate the Sites from the United States, and all information is processed within the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Sites. Software that may be downloaded from the Sites is subject to export controls under the laws and regulations of the United States. By visiting and using our Sites, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (including without limitation, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.
N. Miscellaneous Terms and Conditions: These Terms constitute the entire agreement between you and Company and govern your use of the Sites, and they supersede any prior agreements between you and Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Sites. Company may terminate the Terms and deny you access to the Sites at any time, immediately and without notice, if in Company’s sole discretion you fail to comply with any provision of these Terms. The provisions relating to Proprietary Rights, Disclaimers and Limitation of Liability, Indemnity, Disputes, and Notices, shall survive any termination. You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of the Terms or your use of the Sites. Any claim or cause of action you may have with respect to Company or the Sites must be commenced within one (1) year after the claim or cause of action arose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law. If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions of these Terms will remain in place. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York. You may not assign these Terms or any of your rights or obligations under these Terms without Company’s express written consent. These Terms inure to the benefit of Company’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Sites, or to provide any notice under these Terms to us please send an e-mail to email@example.com.
Last revised on February 1, 2015