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This Site displays Products available for purchase in USA, however not all Products are available at all times and Products may be changed, substituted or discontinued at any time. Our Company attempts to provide an accurate description of the Products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. Certain Products may be the subject of third-party warranties offered by its manufacturers or providers. Additional terms and conditions applicable to your online purchases are provided to you on the Site as you order Products, prior to completing your purchase.
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Our Company MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS OR PRODUCTS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS AND PRODUCTS ARE PROVIDED BY Our Company "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Our Company AND Our Company. SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE MATERIALS AND PRODUCTS ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER Our Company NOR Our Company Inc. SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Our Company, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS OR PRODUCTS ON THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree that this agreement and your use of this Site are governed by the laws of Tennessee applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Tennessee, USA in all disputes: (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organisation. This Site is made available to residents of USA only. Use of this Site in any other jurisdiction is unauthorised. Our Company has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or Products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. With the prior agreement of Our Company, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Arbitration Act, 1991 and any such arbitration proceedings shall be brought and held in Toronto, Tennessee. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgement upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You agree that Our Company may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Our Company as a result of this agreement or your use of this Site. Our Company's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Our Company's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Our Company with respect to such use. This agreement, the privacy statement, and terms of sale presented to you in connection with your transaction constitute the entire agreement between you and Our Company Inc. and Our Company with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Our Company with respect to this Site. No modification of this agreement shall be effective unless it is authored by Our Company or its affiliates, or unless it is physically signed in blue ink by a Our Company officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Our Company or Our Company in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Our Company in printed form.