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You agree that Petomato™, BuyPetomato.com, its officers, directors, employee or agents shall have no liability to you under any theory of law, liability or indemnity in connection with your use of Petomato™, BuyPetomato.com. You hereby release, discharge and forever waive any and all claims you may have against Petomato™, BuyPetomato.com, its officers, directors, employees, agents or the like including but not limited to claims based upon the negligence of Petomato™, BuyPetomato.com, its officers, directors, employees, agents or the like for losses or damages you sustain in connection with your access and use of Petomato™, BuyPetomato.com.
Under no circumstances including but not limited to negligence, shall Petomato™, BuyPetomato.com be liable for any damages (special, consequential, incidental or punitive) that result from your use of, or your inability to use, the materials in this site, even if Petomato™, BuyPetomato.com or a representative has been advised of the possibility of such damages. Applicable law may not allow the full or partial limitation or exclusion of liability or damages, so that the above limitation or exclusion may not apply to you, but such exclusion is applicable to the least extent possible to avoid such exclusion.
Any action or proceeding to enforce any provision of, or based on any right arising out of, this Agreement must be brought against either of the parties in the courts of the State of Illinois, or, if it has or can acquire jurisdiction, in the United States District Court for Illinois, and you acknowledge and consent to the exclusive personal jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on you anywhere in the world.
This Agreement shall be governed by the State of Illinois’ internal laws without regard to conflicts of law principles.
This Agreement embodies the entire understanding between the Parties and supersedes any prior understanding and agreements between and among them respecting the subject matter hereof. There are no representations, agreements, arrangements or understandings, oral or written, between the parties hereto relating to the subject matter of the Agreement which are not fully expressed herein.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE MATERIALS ARE PROVIDED AT YOUR SOLE RISK. THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Petomato™, BuyPetomato.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Petomato™, BuyPetomato.com MAKES NO WARRANTY THAT (i) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Petomato™, BuyPetomato.com OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Petomato™, BuyPetomato.com 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 Petomato™, BuyPetomato.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (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 SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
EXCLUSIONS AND LIMITATIONS:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.