Site Terms and Conditions of Use
1. User's Acknowledgment and Acceptance of Terms
HOT Tropical Tans ("Us" or "We") provides the HOT Tropical Tans
site and various related services (collectively, the "site") to you, the
user, subject to your compliance with all the terms, conditions, and notices contained
agreement between us and you. In addition, when using particular services or materials
on this site, users shall be subject to any posted rules applicable to such services
or materials that may contain terms and conditions in addition to those in these
DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION
AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR
PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS
OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
and agree that it is your responsibility to review this site and these Terms of
Use from time to time and to familiarize yourself with any modifications. Your continued
use of this site after such modifications will constitute acknowledgement of the
our owners, subsidiaries, affiliated companies, officers, directors, suppliers,
partners, sponsors, and advertisers, and includes (without limitation) all parties
involved in creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to, tanning
services, and other like services. You are responsible for providing, at your own
expense, all equipment necessary to use the services, including a computer, modem,
and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any
of the sites features, at any time with or without notice to you. We will not be
liable to you or any third party should we exercise such right. Any new features
that augment or enhance the then-current services on this site shall also be subject
3. Registration Data and Privacy
In order to access some of the services on this site, you will be required to use
an account and password that can be obtained by completing our online registration
form, which requests certain information and data ("Registration Data"),
and maintaining and updating your Registration Data as required. By registering,
you agree that all information provided in the Registration Data is true and accurate
and that you will maintain and update this information as required in order to keep
it current, complete, and accurate.
You also grant us the right to disclose to third parties certain Registration Data
about you. The information we obtain through your use of this site, including your
4. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you
are solely responsible for the substance of your communications through the site.
By posting information in or otherwise using any communications service, chat room,
message board, newsgroup, software library, or other interactive service that may
be available to you on or through this site, you agree that you will not upload,
share, post, or otherwise distribute or facilitate distribution of any content --
including text, communications, software, images, sounds, data, or other information
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of anothers privacy, tortious, contains explicit or graphic
descriptions or accounts of sexual acts (including but not limited to sexual language
of a violent or threatening nature directed at another individual or group of individuals),
or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also
known as "spamming"), chain letters, any other form of unauthorized solicitation,
or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit the functioning of any software,
hardware, or telecommunications equipment or to damage or obtain unauthorized access
to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded
or submitted by third party users of the site. We generally do not pre-screen, monitor,
or edit the content posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive services that may be
available on or through this site. However, we and our agents have the right at
their sole discretion to remove any content that, in our judgment, does not comply
otherwise harmful, objectionable, or inaccurate. We are not responsible for any
failure or delay in removing such content. You hereby consent to such removal and
waive any claim against us arising out of such removal of content. See "Use
of Your Materials" below for a description of the procedures to be followed
in the event that any party believes that content posted on this site infringes
on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party.
In addition, you may not use your account to breach security of another account
or attempt to gain unauthorized access to another network or server. Not all areas
of the site may be available to you or other authorized users of the site. You shall
not interfere with anyone elses use and enjoyment of the site or other similar
services. Users who violate systems or network security may incur criminal or civil
You agree that we may at any time, and at our sole discretion, terminate your membership,
account, or other affiliation with our site without prior notice to you for violating
any of the above provisions. In addition, you acknowledge that we will cooperate
fully with investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in investigating suspected
5. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references
to information, documents, software, materials and/or services provided by other
parties. These sites may contain information or material that some people may find
inappropriate or offensive. These other sites and parties are not under our control,
and you acknowledge that we are not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such sites, nor are we
responsible for errors or omissions in any references to other parties or their
products and services. The inclusion of such a link or reference is provided merely
as a convenience and does not imply endorsement of, or association with, the site
or party by us, or any warranty of any kind, either express or implied.
6. Intellectual Property Information
Copyright (c) 2011-06-22 HOT Tropical Tans All Rights Reserved.
data, communications, software, photos, video, graphics, music, sounds, and other
material and services that can be viewed by users on our site. This includes message
boards, chat, and other original content.
to you on this site is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws, and is the sole property of HOT Tropical Tans
and/or its Affiliates. You are only permitted to use the content as expressly authorized
by us or the specific content provider. Except for a single copy made for personal
use only, you may not copy, reproduce, modify, republish, upload, post, transmit,
or distribute any documents or information from this site in any form or by any
means without prior written permission from us or the specific content provider,
and you are solely responsible for obtaining permission before reusing any copyrighted
material that is available on this site. Any unauthorized use of the materials appearing
on this site may violate copyright, trademark and other applicable laws and could
result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed
on, or obtained through, this site will not infringe the rights of third parties.
See "Users Materials" below for a description of the procedures to be
followed in the event that any party believes that content posted on this site infringes
on any patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks
or service marks of HOT Tropical Tans or its Affiliates. All other trademarks or
service marks are property of their respective owners. Nothing in these Terms of
Use grants you any right to use any trademark, service mark, logo, and/or the name
of HOT Tropical Tans or its Affiliates.
7. Unauthorized Use of Materials
this site or to us, whether by electronic mail, post, or other means, for any reason,
will be treated as non-confidential and non-proprietary. While you retain all rights
in such communications or material, you grant us and our agents and affiliates a
non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display,
perform, publish, translate, adapt, modify, and otherwise use such material for
any purpose regardless of the form or medium (now known or not currently known)
in which it is used.
Please do not submit confidential or proprietary information to us unless we have
mutually agreed in writing otherwise. We are also unable to accept your unsolicited
ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If
you or any user of this site believes its copyright, trademark or other property
rights have been infringed by a posting on this site, you or the user should send
notification to our Designated Agent (as identified below) immediately. To be effective,
the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been
infringed upon or other information sufficient to specify the copyrighted work being
2. Identify the material that you claim is infringing the copyrighted work listed
in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email
address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator
of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the
copyrighted materials described above as allegedly infringing is not authorized
by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright owner or
am authorized to act on behalf of the owner of an exclusive right that is allegedly
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Stephanie Pierce
Address: 710 North Valley Mills Drive Waco TX 76710
You acknowledge and agree that upon receipt of a notice of a claim of copyright
infringement, we may immediately remove the identified materials from our site without
liability to you or any other party and that the claims of the complaining party
and the party that originally posted the materials will be referred to the United
States Copyright Office for adjudication as provided in the Digital Millennium Copyright
8. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING
THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET
YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY
OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE
SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,
ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL
ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING
THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS
THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial
transactions with other users and vendors. You acknowledge that all transactions
relating to any merchandise or services offered by any party, including, but not
limited to the purchase terms, payment terms, warranties, guarantees, maintenance
and delivery terms relating to such transactions, are agreed to solely between the
seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY
REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND
YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN
RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS,
OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED
SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments
of an information provider, site user, or other person or entity not connected with
us. We do not endorse, nor are we responsible for the accuracy or reliability of,
any opinion, advice, or statement made by anyone other than an authorized HOT Tropical
Tans spokesperson speaking in his/her official capacity. Please refer to the specific
editorial policies posted on various sections of this site for further information,
You understand and agree that temporary interruptions of the services available
through this site may occur as normal events. You further understand and agree that
we have no control over third party networks you may access in the course of the
use of this site, and therefore, delays and disruption of other network transmissions
are completely beyond our control.
You understand and agree that the services available on this site are provided "AS
IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR
ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED
THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH
THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates
harmless from all liabilities, claims, and expenses, including attorneys fees,
that arise from your use or misuse of this site. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will cooperate with us in asserting
any available defenses.
11. Security and Password
You are solely responsible for maintaining the confidentiality of your password
and account and for any and all statements made and acts or omissions that occur
through the use of your password and account. Therefore, you must take steps to
ensure that others do not gain access to your password and account. Our personnel
will never ask you for your password. You may not transfer or share your account
with anyone, and we reserve the right to immediately terminate your account if you
do transfer or share your account.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties.
You may enter into correspondence with or participate in promotions of the advertisers
showing their products on this site. Any such correspondence or promotions, including
the delivery of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or promotions,
are solely between you and the advertiser. We assume no liability, obligation or
responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, "Communications")
available to users of our site, either directly or through a third-party provider.
We make available separate supplemental agreements characterizing the relationship
between you and us that, except where expressly noted or contradictory, includes
We will not inspect or disclose the contents of private Communications except with
the consent of the sender or the recipient, or in the narrowly-defined situations
provided under the Electronic Communications Privacy Act, or as other required by
law or by court or governmental order. Further information is available in our Privacy
We may employ automated monitoring devices or techniques to protect our users from
mass unsolicited communications (also known as "spam") and/or other types
of electronic communications that we deem inconsistent with our business purposes.
However, such devices or techniques are not perfect, and we will not be responsible
for any legitimate communication that is blocked, or for any unsolicited communication
that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted
storage space, we may employ automated devices that delete or block email messages
that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials
on this site are appropriate or available for use in locations outside the United
States, and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this site from other locations do so on their
own initiative and are responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection with this site is void
15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access
to all or part of the site with or without notice and for any reason, including,
or illegal activity may be grounds for terminating your relationship and may be
referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right
to use the services available on this site immediately ceases, and you acknowledge
and agree that we may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to such files
or this site. We shall not be liable to you or any third party for any claims or
damages arising out of any termination or suspension or any other actions taken
by us in connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within
the Texas, United States of America. It can be accessed from all 50 states, as well
as from other countries around the world. As each of these places has laws that
may differ from those of Texas, by accessing this site both of us agree that the
statutes and laws of the State of Texas, without regard to the conflicts of laws
principles thereof and the United Nations Convention on the International Sales
of Goods, will apply to all matters relating to the use of this site and the purchase
of products and services available through this site. Each of us agrees and hereby
submits to the exclusive personal jurisdiction and venue any court of competent
jurisdiction within the State of Texas with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or
conventional mail. Notices to us must be sent to the attention of Customer Service
at email@example.com, if by email, or at HOT Tropical Tans 710 Valley Mills
Drive, Waco, TX 76710 if by conventional mail. Notices to you may be sent to the
address supplied by you as part of your Registration Data. In addition, we may broadcast
notices or messages through the site to inform you of changes to the site or other
matters of importance, and such broadcasts shall constitute notice to you at the
time of sending.
18. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between
us concerning the subject matter of this agreement and supersedes all prior agreements
and understandings of the parties with respect to that subject matter. These Terms
of Use may not be altered, supplemented, or amended by the use of any other document(s).
Any attempt to alter, supplement or amend this document or to enter an order for
products or services which are subject to additional or altered terms and conditions
shall be null and void, unless otherwise agreed to in a written agreement signed
by you and us. To the extent that anything in or associated with this site is in
to costs and attorneys fees. Any cause of action brought by you against us or our
Affiliates must be instituted with one year after the cause of action arises or
be deemed forever waived and barred.
and any purported attempt to do so will be null and void. We may free assign our
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial
purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability
for non-delivery or delay in delivery of products and services available through
our site arising from any event beyond our reasonable control, whether or not foreseeable
by either party, including but not limited to, labor disturbance, war, fire, accident,
adverse weather, inability to secure transportation, governmental act or regulation,
and other causes or events beyond our reasonable control, whether or not similar
to those which are enumerated above.
shall be construed in a manner consistent with applicable law to reflect, as nearly
as possible, the original intentions of the parties, and the remaining portions
shall remain in full force and effect.
related rights shall not constitute a waiver of that right or provision.
20. Contact Information
Except as explicitly noted on this site, the services available through this site
are offered by HOT Tropical Tans located at 710 Valley Mills Drive, Waco, TX 76170.
Our telephone number is 254-399-9944. If you notice that any user is violating these
Terms and Conditions of Sale
1. Sale and Purchase of Goods
HOT Tropical Tans ("Seller") hereby agrees to sell, and You ("Buyer")
hereby agree to purchase, goods of the description and quantity described on the
checkout window ("Checkout") and incorporated herein by this reference
("Goods") on the terms and conditions set forth in this Agreement.
2. Purchase Price
Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached
3. Payment Terms
The total amount of the Purchase Price shall be payable in full by Buyer according
to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid
past thirty (30) days shall be considered overdue. All amounts past due are subject
to a late charge of the lesser of one and one-half percent (1 1/2%) per month (being
eighteen percent (18%) per annum) or the highest lawful rate. In addition, Seller
shall have the right to pursue any remedies available at law or as provided herein
and shall be entitled to reimbursement from Buyer for Seller's costs of collection,
including attorney fees, legal fees and costs and disbursements.
Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's
shipping policy in effect on the date of shipment. Delivery dates provided by Seller
are estimates only. Seller will make reasonable efforts to deliver in accordance
with such dates; however, Seller will not be liable for failure to deliver as estimated.
Unless otherwise agreed in writing by Seller, Goods shall be packaged according
to Seller's standards and practices.
5. Limited Warranty
Seller supplies as its sole warranty the following:
The warranty shall last for None.
The warranties provided for herein shall be governed by Seller's warranty policies
in effect on the date of shipment.
6. Disclaimer of Warranty/Limitation of Liability
Seller undertakes no responsibility for the quality of the Goods or that the Goods
will be fit for any particular purpose for which Buyer may be buying the Goods,
except as otherwise provided in this Agreement, and Seller disclaims all other warranties
and conditions, express or implied.
SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE
"SELLER AFFILIATES") SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER
OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE GOODS OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT,
COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES,
DOWN TIME, BUYER'S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID
BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY
SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE,
OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION,
THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE,
IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER
PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE GOODS
ACTUALLY DELIVERED TO AND PAID FOR BY BUYER HEREUNDER.
SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE GOODS AND
NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY,
OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY
BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS
BY ANY OF THE GOODS.
7. Force Majeure
Seller shall not be held responsible for any failure of performance to make timely
delivery of all or any part of the Goods in the event such failure was due, in whole
or in part, to federal, provincial or municipal action, statute, ordinance or regulation,
strike or other labor trouble, fire or other damage to or destruction of, in whole
or in part, the Goods or the manufacturing facility for the Goods, the lack of or
inability to obtain raw materials, labor, fuel, electrical power, water or supplies,
or any other cause, act of God, contingency or circumstances not subject to the
reasonable control of Seller, which causes delays or hinders the manufacture or
delivery of Goods. Seller shall determine in good faith the extent to which it can
reasonably control a cause, contingency, or circumstance that affects the performance
of its obligations.
Buyer may not assign this Agreement without Seller's written consent. Seller is
the sole intended beneficiary of this Agreement. If there is any inconsistency between
this Agreement and any other agreement included with or relating to the Goods, this
Agreement shall govern. This Agreement may not be modified, altered or amended without
the written agreement of Seller. Any additional or altered terms attached to any
order submitted by Buyer shall be null and void, unless expressly agreed to in writing
by Seller. If any term of this Agreement is illegal or unenforceable, the legality
and enforceability of the remaining provisions shall not be affected or impaired.
This Agreement shall be interpreted under the laws of the State of Virginia, without
giving effect to conflicts-of-law rules; and in the event of a dispute under this
Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of
the Commonwealth of Virginia and hereby waives any objection to such jurisdiction
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