1.866.645.2689 nglantz.com
TERMS & CONDITIONS
Limitation Of Liability Regardless of the form of the claim or cause of action, whether based in contract, infringement, negligence, strict liability, tort or otherwise, Glantz shall not be liable to you or any other party for direct, indirect, special, incidental, consequential, exemplary or punitive damages, including without limitation loss of profits, loss of use, and cost of capital. Without limiting the generality of the foregoing, with respect to any purchases, Glantz's liability shall in no event exceed the original purchase price of the specific goods giving rise to the claim. The foregoing limitations of liability represent the allocation of risk between the parties as reflected in the pricing of goods offered by Glantz, and are an essential element of the basis of the bargain between the parties. In no event shall Glantz, its agents or any third parties mentioned on the website, be liable for any damages whatsoever (including, without limitation, lost profits, direct, indirect, incidental, special, punitive or consequential damages) resulting from any (i) errors, mistakes or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use the website, (iii) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses or the like, which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the website, whether based on warranty, contract, tort or any other legal theory. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Glantz shall not be liable for your submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The aggregate liability for Glantz for any and all claims arising from the use of the website is limited to $100. Links To Other Sites The website contains links to third party websites. These links are provided solely as a convenience and not as an endorsement of the contents on such third-party websites. Glantz is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you access linked third party websites, you do so at your own risk. Resale Or Unauthorized Commercial Use You agree not to resell or assign your rights or obligations under the Terms and Conditions. You also agree not to make any unauthorized commercial use of the website. Indemnity You agree to indemnify us for all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that we may incur as a result of your breach of the Terms and Conditions or any claims brought relating to information submitted or obtained by you, actions taken by you or in any way relating to your conduct with any other user. We will provide to you notice of any such claim, suit or proceeding. Waiver Glantz’s failure to partially or fully exercise its rights or a waiver of any breach of these Terms and Conditions shall not prevent a subsequent exercise of Glantz’s rights or be deemed or waiver of any subsequent breach. All waivers must be in writing and signed by an executive officer of Glantz. Additional Terms Of Use Certain areas of the website may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. General Glantz makes no claims that the content of the website may be lawfully viewed or downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Disputes The Terms and Conditions shall be governed by the laws of the Commonwealth of Kentucky without regard to its choice of law rules or to the Convention on Contracts for the International Sale of Goods. Any disputes relating to these Terms and Conditions, the purchase of products or services or use of the website or services will be resolved in the Federal or state courts in the Commonwealth of Kentucky. You agree to submit to personal jurisdiction and venue of the federal and state courts located in Jefferson County, Kentucky. Moreover, the website is a passive website that does not give rise to personal jurisdiction over Glantz, either specific or general, in jurisdictions other than Kentucky. Any action must be brought within one (1) year after the cause of action arose, otherwise the cause of action is permanently barred.
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