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Terms of Agreement/Use
THIS IS AN AGREEMENT BETWEEN YOU AND WOMAN OF STEEL, INC. AND CREATIVE JUICES ARTS AND CULTURE, INC. PLEASE READ THIS AGREEMENT AND TERMS OF USE, AND ALL RULES AND POLICIES FOR THE SERVICES RELATED TO (INCLUDING, BUT NOT LIMITED TO, ANY RULES OR USAGE PROVISIONS SPECIFIED ON THE WOMANOFSTEELGALLERY.COM OR LIBERTYLETSROLL.COM WEBSITE, AND THE PRIVACY POLICY(COLLECTIVELY, THIS "AGREEMENT") BEFORE USING THE NOTED WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE ABOVE NAMED SITES OR SERVICES OFFERD ON SAID SITES.
No Illegal Use and Reservation of Rights. You may not use the products or services for any illegal purpose. You acknowledge that the sale of products and services to you does not transfer to you title to or ownership of any intellectual property rights.
Patents and Trademarks. The information, products and services used in association with these sites may be covered by one or more copyrights, trademarks, patents or pending patent applications.
Changes to Service. We reserve the right to modify, suspend, or discontinue products and services at any time, and will not be liable to you should it exercise such right.
Termination. Your rights under this Agreement will automatically terminate without notice from if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the products and/or services and immediately revoke your access to said products or services without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE OUR PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. EXCEPT FOR THE STATED WARRANTY, THE PRODCUTS AND SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE OF SHALL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOWTHE DISCLAIMER OF IMPLIEDWARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE PRODUCTS OR SERVICE, OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA OR USE OF PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TOTHE AMOUNT ACTUALLY PAID FOR THE PRODUCT OR SERVICES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Disputes. ANY DISPUTE ARISING OUT OF OR RELATING IN ANYWAY TO THIS AGREEMENT SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN GARDEN CITY, IDAHO, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. 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, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Severability. If any term or condition of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Amendment. We reserve the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms on the websites. Your continued use of the products and services after the effective date of any such amendment shall be deemed your agreement to be bound by such amendment. |
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