Disclaimer
SafetyNet Online and SafetyNet Inc. related Services ARE PROVIDED
ON AN AS IS BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, SafetyNet Inc. HEREBY DISCLAIMS ALL WARRANTIES,
EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE MAY BE INCORRECT, OUT OF
DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, AND MAY CONTAIN “BUGS”,
ERRORS, DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR PRODUCE RESULTS AS EXPECTED.
YOU understand and agree that your access to or use of Merchant Services is a
matter entirely between you and the third parties, and SafetyNet Inc shall have
no liability whatsoever for any such access or use.
Legal
This Policy constitutes the entire and only agreement between
SafetyNet Inc and you regarding the Site, and supersedes all prior or
contemporaneous agreements, representations, warranties and understandings with
respect to the Site, the information provided by or through the Site, and the
subject matter of this Policy. Any action related to this Policy shall be
governed by the substantive laws of the State of California, without regard to
conflicts of law principles. The State and Federal courts located in Riverside,
Ca, shall have sole jurisdiction over any dispute arising hereunder, and the
parties hereby consent to the personal jurisdiction of such courts and to
extra-territorial service of process. The United National Convention on
Contracts for the International Sale of Goods shall not apply to this Policy.
Any waiver of any rights of either party must be in writing, signed by the
waiving party, and any such waiver shall not operate as a waiver of any future
breach of this Policy. In the event any portion of this Policy is found to be
illegal or unenforceable, such portion shall be severed, and the remaining terms
shall be separately enforced. This Policy may be modified or amended by you only
in written document signed by both parties. Any purported modification or
amendment inconsistent with the foregoing shall be void.
Damages
IN NO EVENT SHALL SafetyNet Inc., subsidiaries, affiliated
companies, agents, shareholders, employees OR officers HAVE ANY LIABILITY
HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE
LIABILITY OF SafetyNet Inc. ITS SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS,
SHAREHOLDERS, EMPLOYEES AND OFFICERS EXCEED ONE HUNDRED DOLLARS ($100),
REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE
FOREGOING LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN SafetyNet Inc. AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS.