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Terms and conditions
Effective date: August 17th, 2006
Welcome to THE AV8R ("Site"), the place to purchase THE AV8R (each item, a "Product").
The following terms and conditions ("Terms") will apply to any purchases of Product you make on the Site.
We work hard to ensure that our Products are manufactured of quality materials and are shipped on time and accurately. We accept exchanges ONLY for the following reasons:
If you would like to exchange a Product for any of these reasons, please email us firstname.lastname@example.org within ten days of the date of delivery. Please include photographic evidence of the Product issue in your email. We will not accept any exchanges unless you contact us within ten days of the date of delivery. All requests for exchanges are subject to THE AV8R discretion.
Disclaimer of warranties
The services, including the products, are provided by THE AV8R on an "As-is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of Liability
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall THE AV8R (or its licensors, agents, partners or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (I) $100 or (ii) the amounts paid by you to company in connection with the services in the twelve (12) month period preceding this applicable claim, or (iii) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. The parties expressly agree that the federal and state courts located in, respectively, San Francisco County, California or the Northern District of California are the most reasonable and convenient forums for resolution of any disputes arising from or relating to the subject matter of these Terms, and thus designate those courts as the exclusive forums in which all such disputes shall be litigated. Accordingly, the parties consent to the jurisdiction and venue of, and service of process by, said courts.