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Disclaimer and Limitation of Liability:
Cartwheels.com shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person's negligence or otherwise in connection with the safe, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless Cartwheels.com against further liability. Without limiting the generality of the foregoing, Cartwheels.com shall in no event be liable for lost profits arising out of, or in connection with, this agreement. Neither Cartwheels.com nor purchaser shall be liable for delay in the performance of any of its obligations under this agreement arising out of causes beyond it control, including but not limited to acts of God, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather.
General Provisions and Governing Law:
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this agreement nor any variation or modification of this agreement or waiver of any of the terms or provisions hereof shall be deemed valid and binding upon Cartwheels.com unless in writing, signed by an officer of Cartwheels.com and delivered by Cartwheels.com to Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This agreement shall be construed and enforced in accordance with the procedural and substantive Laws of the State of California, United States of America (with the exception of the conflicts of laws provisions of such state), and both parties agree that the federal and state courts located in California shall have jurisdiction over any matter arising in connection with the agreement, and hereby submit to such jurisdiction, further, the parties agree that venue for any matter arising in connection with this shall properly lay in the County of Santa Clara, California.
Notification:
Notices under this agreement shall be in writing and forwarded registered or certified mail, postage prepaid. Notices to Cartwheels.com shall be addressed to Cartwheels.com; 548 South Murphy Ave, Sunnyvale, California 94086.
Notices to purchaser shall to be to the Purchaser's principal business address or at its address set forth on the face of this agreement. |
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