ATTENTION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE OR BUYING FROM THE MERCHANT SINCE EVEN USING OR SURFING THIS WEB SITE AND AGREEING BY USING AN ACCEPTANCE CHECKBOX DURING THE PURCHASE PROCESS INDICATES THAT YOU ACCEPT THIS AGREEMENT. YOU SHOULD RETURN AND RE-READ THIS AGREEMENT FREQUENTLY IF YOU ARE A CUSTOMER OF THE MERCHANT OR USER OF THIS WEB SITE, BECAUSE THEY ARE BINDING ON YOU.
This Agreement supersedes all prior proposals and understandings, oral or written and is the entire understanding between the MERCHANT and the CUSTOMER.
CUSTOMER IP addresses are record and tracked for fraud prevention purposes.
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Disclaimer. THE SERVICES PROVIDED BY THE MERCHANT ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MERCHANT WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM CUSTOMER USE OF ITS SERVICES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE WEB SITE OR SERVERS OR ANY SOFTWARE THAT THE MERCHANT PROVIDES FOR YOUR USE WHETHER DIRECTLY, INDIRECTLY, OR REMOTELY, - USE OF (OR INABILITY TO USE) ANY WEB SITE TO WHICH YOU HAVE RUNNING ON OUR SERVER(S); - FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE. FURTHER, WE ARE NOT LIABLE FOR DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").
Limitation of Liability. IN NO EVENT WILL THE MERCHANT, OR OTHER THIRD PARTIES MENTIONED HEREIN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, ANY WEB SITES RUNNING ON OUR SERVERS WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification CUSTOMER will defend, indemnify, and hold harmless MERCHANT, and their respective directors, officers, technology partners, employees, affiliates, and agents from all claims, actions, losses, liability, damages, costs, and expenses (including reasonable attorney's fees and expenses) arising from any provision or claim of this Agreement. Without limiting the generality of the foregoing, CUSTOMER shall indemnify and hold harmless MERCHANT against liabilities arising from the following: (i) the products or services provided by CUSTOMER in connection with MERCHANT; (ii) any actual or alleged defamatory or illegal material provided by CUSTOMER for placement on, or in connection with MERCHANT; and (iii) any material provided by CUSTOMER on, or in connection with MERCHANT, that actually or allegedly infringes on the intellectual property or personal rights of a third party. Each party agrees to (i) promptly notify the other party in writing of any indemnifiable claim and give the other party the opportunity to defend or negotiate a settlement of any such claim at the party's sole expense, and (ii) cooperate fully with the other party in defending or settling such claim; MERCHANT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.
General. The MERCHANT may revise this Agreement at any time by updating this posting. You should visit this page from time to time to review the then-current Agreement because it is binding on you.
Failure by the MERCHANT to insist upon strict performance or observance of any part of the Agreement extended shall not be construed as a waiver or relinquishment for the future of any Agreement, terms, provisions, or covenants, but the same shall continue to remain in full force and effect.
CUSTOMER agrees that no suit shall be brought against the MERCHANT without first having given binding arbitration 45 days to succeed in resolving any issue(s) between the CUSTOMER and MERCHANT using an independent arbitrator appointed by the MERCHANT.
This Agreement will be governed and constructed in accordance with the laws of the United States of America without regard to the conflicts of laws or principles thereof. Any suit brought about hereon shall be brought in the State or Federal courts sitting in the city of Paris, Arkansas USA. CUSTOMER agrees to pay all costs including court costs and attorneys fees.
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