Disclaimer and Limitation of Liability

 

BY USING THE GRIPLINEUSA WEBSITES, YOU EXPRESSLY AGREE THAT USE OF THE GRIPLINEUSA WEBSITES AND JACKTHE GRIPPER PRODUCTS IS AT YOUR SOLE RISK. THE GRIPLINEUSA WEBSITES AND JACKTHEGRIPPER PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRIPLINEUSA DOES NOT WARRANT THAT USE OF THE GRIPLINEUSA WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. GRIPLINEUSA RESERVES THE RIGHT TO CANCEL ANY ORDER FOR JACKTHEGRIPPER PRODUCTS PLACED ON THE GRIPLINEUSA WEBSITE AS A RESULT OF A MISTAKE OR ERROR, AS DETERMINED BY GRIPLINEUSA IN ITS SOLE DISCRETION. GRIPLINEUSA DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE GRIPLINEUSA WEBSITES OR OF JACKTHEGRIPPER PRODUCTS OR SERVICES OFFERED FOR SALE ON THE GRIPLINEUSA WEBSITES. GRIPLINEUSA SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER LAW. NO VERBAL INFORMATION PROVIDED BY GRIPLINEUSA SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL GRIPLINEUSA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE GRIPLINEUSA WEBSITES AND JACKTHEGRIPPER PRODUCTS, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE GRIPLINEUSA WEBSITES THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GRIPLINEUSA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER, THE FOREGOING SHALL NOT APPLY TO THE EXTENT THAT ANY LIABILITY IS THE RESULT OF OUR OWN NEGLIGENCE. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE.

 

TO THE FULLEST EXTENT POSSIBLE UNDER LAW, GRIPLINEUSA’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS YOU HAVE ACTUALLY PAID GRIPLINEUSA DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.