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CAREFULLY READ THE FOLLOWING DISCLAIMER AND PURCHASE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS PURCHASE AGREEMENT BY PURCHASING PRODUCTS FROM THIS WEBSITE. YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS A MATERIAL PART OF THE TOTAL CONSIDERATION REQUIRED TO PURCHASE THIS PRODUCT.
IF YOU DO NOT CHOOSE TO ACCEPT THE TERMS OF THIS AGREEMENT, YOUR ORDER WILL BE CANCELED AND YOU WILL NOT BE ABLE TO COMPLETE AN ORDER.
This Purchase Agreement is applicable to any product sold on this website; the definition of 'product' includes but is not limited to, stock or custom product.
When you purchase the product, you are deemed to have read, understood and accepted the terms of this Purchase Agreement including the Disclaimer.
The parties to this Agreement are (1) the person or entity purchasing the product through our website (defined herein as "You" or "Your" or "Purchaser") and (2) otherwise referred to herein as 'we', 'us' or 'our' or "seller". The term "website" is meant to include the owner(s) of the website whose name appears at the bottom of this Agreement.
Terms
1. The products sold via this website have used their best efforts in preparing this product.
The creator, and owner make no representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the contents of this product. The information contained in this product is strictly for ornamental purposes. You alone must assume full responsibility for your actions and you are cautioned against relying solely on the information, ideas, or projections contained in any one source, including this product, in using these products.
2. EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THESE PRODUCTS .
3. The creator denies any warranties (express or implied) of merchantability or fitness for any particular purpose. The website shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of these products, which are provided "as is", and without warranties.
4. As always, the advice of a competent legal professional should be sought.
5. The creator and owner do not warrant the performance, effectiveness or applicability of any sites listed or linked to in this product.
6. All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
Term and Termination
7. This purchase agreement takes effect upon your use of the product and remains effective until terminated.
Product Disclaimer
8. ALL WEB SITES, PRODUCTS AND SERVICES ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. indiantradesilver.com DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK, AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT indiantradesilver.com , ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
9. WARRANTIES AND DISCLAIMERS:
PRODUCTS ARE SOLD WITHOUT WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTY AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
READ THIS CAREFULLY
While the product you are purchasing is believed to be free of defect and useful for the purpose intended, there is no warranty that this, in fact, is accurate. There is no guarantee that this product will do what it claims to do; there is no guarantee that it will not harm you or someone else; there is no warranty that it has commercial viability.
It is up to you to examine this product and test it to your satisfaction during the refund or exchange period. This examination to determine its suitability to your intended purpose is a material portion of the consideration required of you to purchase this product. If, during the refund or exchange period, you determine that is product is not suitable to your needs or purposes, you have a duty to return it for a refund or exchange during the refund or exchange period.
10. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY indiantradesilver.com SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MANY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.
Customer Remedies
11. Refund. Our website's entire liability and the purchaser's exclusive remedy, for any claim of any nature, whether it is simply that you are not satisfied with the product or that you have suffered damages as the result of using the product, shall be a refund of the price paid. The time period to request a refund is limited. For this product it is 15 days.
12. Replacement. If you request a replacement of our product, rather than a refund, we will endeavor to honor your request, but we may not be able to, or we may not choose to do so for any reason. In that event, you will receive a refund of the price paid. We limit replacement to 15 days from the date of purchase.
All remedies are limited to the United States. By purchasing this product, you have an affirmative duty to inspect this product during the 15 day replacement period starting from day you purchase it and to request a refund or replacement if this product does not meet your expectations or if you believe it to be defective. The acceptance and performance of this affirmative duty is a material part of the total consideration you are delivering to purchase this product.
Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Limitation & Exclusion of Liability
13. These warranties exclude all incidental or consequential damages. indiantradesilver.com, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for injury or death, loss of business profits, business interruption, loss of business information, loss of equipment, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
Submissions
14. You hereby grant indiantradesilver.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to indiantradesilver.com through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. indiantradesilver.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future indiantradesilver.com operations.
15. Our website will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Indemnity
16. You will indemnify and hold indiantradesilver.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter know as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Product other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Disputes
17. This purchase agreement shall be governed by, construed and enforced in accordance with the laws of the Massachusetts, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
18. To the extent you have in any manner violated or threatened to violate indiantradesilver.com and/or its affiliates' intellectual property rights, this website and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.
19. Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Massachusetts. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Massachusetts, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
General Provisions
20. You agree that any notice to be sent to you, including but not limited to any legal notices and court-related notices, shall be sent to you via Email at the Email address that you designate when you purchase a license to use our Documents. Any notices to us must be by certified mail, return receipt requested, at the address set forth in the Document package that you purchase from us.
21. We reserve the right to unilaterally amend any offers, pricing terms or other matters pertaining to the Documents or our web site. For all other matters, any amendments to this Agreement must be in writing and signed by both parties. No course of dealing or trade usage shall be deemed to amend the terms of this Agreement.
22. This written purchase agreement is the exclusive agreement between you and us concerning the product and related materials and supersedes any prior purchase order, communication, advertising or representation concerning the product.
23. This purchase agreement may be modified only by us and such modification can be made at any time, without notice to you, and by accepting this Purchase Agreement, you so agree.
24. In the event of litigation between you and us concerning the product, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
25. This Agreement also includes by reference, our Terms of Use, and Privacy Privacy, as if they are fully set forth herein.
26. YOUR acceptance of the terms of this Purchase Agreement electronically, by taking the affirmative act of clicking on any acceptance button or placing a check mark in a box indicating your acceptance and by purchasing our products, shall be deemed to be your signature to this Agreement to the same extent as if your written signature was contained hereon. Our waiver of any breach of this Agreement shall not constitute an amendment to this Agreement or our waiver of subsequent breaches hereof. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Additionally, any provision that is deemed to be unenforceable or invalid shall be interpreted to the maximum extent of enforceability.
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