Terms, Disclaimer, Limitation, Dispute Resolution, LEGAL DISCLAIMER AND RELIEF OF LIABILITY
TO THE EXTENT ALLOWED UNDER LAW, Wide Open Enterprises, LLC (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDSE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH Wide Open Enterprises, LLC IS TO STOP USING UPPER UP IND., & PILLBOX.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WIDE OPEN TRIGGERS,UPPER UP IND., & PILLBOX, ITS OFFICERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF THE SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER WIDE OPEN TRIGGERS HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in the Agreement removes or limits Wide Open Enterprises, LLC’s, UPPER UP IND., & PILLBOX, liability for fraud or fraudulent misrepresentation. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
If a dispute arises from or relates to the Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, you and Wide Open Enterprises, LLC., UPPER UP IND., & PILLBOX agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. You and Wide Open Enterprises, LLC. UPPER UP IND., & PILLBOX, further agree that any unresolved controversy or claim arising out of or relating to the Agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Albuquerque, NM and the arbitration shall be governed by the laws of the State of New Mexico.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Wide Open Enterprises, LLC., UPPER UP IND., & PILLBOX, harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Wide Open Enterprises, LLC, UPPER UP IND., & PILLBOX, and (4) your violation of any law or the rights of a third party.
You fully agree that if any of your representations when making purchases under the Terms of Sale are incorrect or if you fail to comply with the Terms of Sale, then you agree to indemnify, defend, hold harmless, and release Wide Open Enterprises, LLC, UPPER UP IND., & PILLBOX, and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from my purchase from Wide Open Enterprises, LLC,UPPER UP IND., & PILLBOX.
You fully agree that by a placing an order, that you release Wide Open Enterprises, LLC, UPPER UP IND., & PILLBOX, from any and all liability arising from or related to the products purchased from Wide Open Enterprises, LLC, UPPER UP IND., & PILLBOX, including (but not limited to) my or anyone else use of the product, my or anyone else’s storage of the product, and my or anyone else’s handling or transportation of the product, and you agree to indemnify, defend, save harmless, and release Wide Open Enterprises, LLC, UPPER UP IND., & PILLBOX, and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from the products you purchased from Wide Open Enterprises, LLC, UPPER UP IND., & PILLBOX.
LEGAL DISCLAIMER AND RELIEF OF LIABILITY
By purchasing A WOT TRIGGER, using, installing, gifting, borrowing ETC. You assume all legal responsibility criminality or financially and release UPPER UP IND., PILLBOX and Wide Open Enterprises, LLC employees, associates, partners, and stock holders of any and all liability.