DISCLAIMER / LEGAL
AGREEMENT
TERMS
AND CONDITIONS OF USE OF THIS INTERNET SITE
By
using this site you agree to the following terms and
conditions:
1.
USE RESTRICTIONS:
POSmicro.com ("PM") maintains this
internet website. Reproduction or modification of any
information contained in this site is prohibited without the
express written consent of PM. PM makes no representations
that the information contained in this site is appropriate,
available or permissible for use in all
locations.
2.
LIMITATION OF LIABILITY
DISCLAIMER: In all circumstances PM's maximum
liability is limited to the purchase price of the products
sold. PM shall not, under any circumstances, be liable
upon a claim or actions in contract, tort, indemnity or
contribution, or other claims related to the products it sells
which exceeds this liability limit. PM shall not be
liable for third party claims for damages against the
customer, or for malfunction, delays, interruption of service,
loss of business, loss or damage to exemplary damages, whether
or not PM is apprised of the possibility of such claims or
damages.
3.
RIGHT TO CHANGE OR
MODIFY: PM reserves the right to change,
modify and/or withdraw the information, products or services
in this site at any time without notice.
4.
GOVERNING LAW AND JURISDICTION: Any dispute
arising out of or related to these Terms and Conditions or the
sales transaction between PM and Customer shall be governed
by the laws of the State of
Washington , without regard to
its conflicts of law rules. Specifically, the validity,
interpretation, and performance of this agreement shall not be
governed by the United Nations Convention on the International
Sale of Goods. PM and Customer consent to the exclusive
jurisdiction and the venue of the State Courts of the State of
Washington,
Whatcom
County ,
to resolve any dispute between them related hereto, and the
parities waive all rights to contest this exclusive
jurisdiction and venue of such Courts. Finally, the Customer
also agrees not to bring any legal action, based upon any
legal theory including contract, tort, equity or otherwise,
against PM that is more than one year after the date of the
applicable invoice.
5.
SEVERABILITY: If any
provision contained in this agreement is or becomes invalid,
illegal, or unenforceable in whole or in part, such
invalidity, illegality, or unenforceability shall not affect
the remaining provisions and portions of this agreement, and
the invalid, illegal, or unenforceable provision shall be
deemed modified so as to have the most similar result that is
valid and enforceable under applicable Washington
law.
6. WAIVER: The failure of either
party to require performance by the other party of any
provision of this agreement shall not affect in any way the
first party's right to require such performance at any time
thereafter. Any waiver by either party of a breach of any
provision in this agreement shall not be taken or held by the
other party to be a continuing waiver of that provision unless
such waiver is made in writing.
7.
ENTIRE AGREEMENT: These
terms and conditions, together with the PM invoice respecting
the products ordered by Customer, are the complete and
exclusive agreement between PM and Customer, and they
supersede all prior or contemporaneous proposals, oral or
written, understandings, representations, conditions,
warranties, and all other communications between PM and
Customer relating to the subject products. This agreement may
not be explained or supplemented by any prior course of
dealings or trade by custom or usage.
8
COPYRIGHT: All content
included on this site is the property of PM or their content
suppliers and protected by
U.S.
and international copyright laws. The
compilation (meaning the collection, arrangement and assembly)
of all content on this site is the exclusive property of PM
protected by
U.S. and
international copyright laws. The content and software on this
site may be used only as a shopping resource. Any other use,
including the reproduction, modification, distribution,
transmission, republication, display or performance of the
content on this site is strictly prohibited.
9. RIGHT OF REFUSAL: We reserve
the right to limit quantities and to reject orders at our
discretion.
Thank you for shopping with
POSmicro.com!