Ourterms of use
These Terms of Use (these “Terms”) govern Each person who accesses or uses IN ANY
WAY the website located at www.permianstore.com (the “Website”) or any goods or
services that originate through IT. Please read these Terms carefully BEFORE YOU DO
SO. By using the Website, by clicking to accept or agree to these Terms when this
option is made available, OR BY USING ANY GOOD OR SERVICE THAT ORIGINATED THROUGH
THE WEBSITE, you accept and agree to be bound and abide by these Terms ON BEHALF OF
YOURSELF AND YOUR HEIRS, ASSIGNS, SUCCESSORS, EXECUTORS, ADMINISTRATORS, AND ESTATE.
If you do not want to agree to these Terms, you must not access or use IN ANY WAY
the Website or any goods or services THAT ORIGINATE through it.
THESE TERMS REQUIRE THE USE OF LITIGATION IN FRONT OF A JUDGE ON AN INDIVIDUAL BASIS
TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
01
ACCEPTANCE OF TERMS
The Website is operated by PERMIAN FASHION LTD, a limited liability company
(“Company”). These Terms, together with any other terms and policies applicable to
the Website (including, without limitation, the Terms of Sale and the Privacy
Policy, each as defined below) (all of such terms and policies that apply to the
Website, together with these Terms, the “Applicable Terms”), which are hereby
incorporated into and made a part of these Terms, govern your access to and use of
the Website, including any content, functionality, goods, and services that
originate through the Website, whether as a guest or registered user and whether
accessed via web, mobile, or otherwise. Capitalized terms used but not defined in
any other Applicable Term will have the definitions assigned to such terms in these
Terms.The Website and any goods or services that originate through it are offered and
available only to users who are of legal age to form a binding contract; reside in
the United Kingdom or any of its territories or possessions; and are not otherwise
prohibited from accessing or using the Website or any of its contents, goods, or
services. BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE
FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS,
YOU MUST NOT ACCESS OR USE THE WEBSITE.If you also are a party to any other agreements with the Company or its affiliate,
unless otherwise explicitly stated in these Terms, these Terms will not amend,
revise, or otherwise change the terms and conditions contained in those agreements,
including any privacy obligations you might have under those agreements.
02
CHANGES TO TERMS
These Terms, together with any other Applicable Terms, may be revised or updated
from time to time in Company’s sole discretion. The latest version of each
Applicable Term will be posted on the Website, and you should review the
then-current Applicable Terms before using the Website or purchasing or using any
good or service that originated through the Website. All changes are effective
immediately when posted and apply to all access to and use of the Website
thereafter. Your continued use or access of the Website or any good or service that
originated through the Website after a posted change in an Applicable Term will
constitute your acceptance of and agreement to such changes. You are expected to
check this page from time to time so you are aware of any changes, as they are
binding on you.
03
WEBSITE ACCESS AND ACCOUNT SECURITY
Subject to and conditioned on your and compliance with all Applicable Terms, you are
hereby granted a non-exclusive and non-transferable right to access and use the
Website. Company reserves the right to withdraw or amend the Website or any good,
service, or material that originated on the Website in Company’s sole discretion
without notice. Company will not be liable if for any reason all or any part of the
Website or any good or service offered thereon is unavailable at any time or for any
period. From time to time, Company may restrict access to the Website or certain
parts thereof to certain users, including certain registered users.You are responsible for:making all arrangements necessary for you to have access to the Website and ensuring
that all persons who access the Website through your internet connection are aware
of these Terms and comply with them. To access the Website or some of the resources
it offers, you may be asked to provide certain registration details or other
information. It is a condition of your use of the Website that all the information
you provide on the Website is correct, current, and complete.To access the Website or some of the resources it offers, you may also be required
to link or connect a digital wallet to the Website. These digital wallets are
offered by third parties, and your use of any such digital wallets are at your own
risk and subject to all terms and conditions of such digital wallet.You must treat all username, password, private keys, access credentials, and any
other pieces of information provided or selected for security procedures as
confidential, and you must not disclose them to any other person or entity. If any
of this information is lost or forgotten, you may lose access to your digital
wallet, the Website, and any goods or services purchased or obtained through it. We
are not responsible for any such losses.You acknowledge that your account and your digital wallet are personal to you and
agree not to provide any other person with access to the Website or your digital
wallet using your security information. You also agree to ensure that you exit from
your account at the end of each session. You should use particular caution when
accessing your account from a public or shared computer so that others are not able
to view or record your password or other personal information. You are solely
responsible for all activities that occur under your account, password, or digital
wallet. Company is not responsible for managing or maintaining the security of the
cryptocurrency wallet or for any unauthorized access to or use of the cryptocurrency
wallet. You agree to notify Company immediately of any actual or suspected
unauthorized access or other breach of security.Company has the right to disable any username, password, or other identifier,
whether chosen by you or provided by Company, at any time in Company’s sole
discretion for any or no reason, including if, in Company’s opinion, you have
violated any provision of an Applicable Term.Unfortunately, the transmission of information via the internet is not completely
secure. Although we endeavour to protect your information, we cannot guarantee the
security of information transmitted to or from the Website. Any transmission of
information through the Website is at your own risk. We are not responsible for
circumvention of any privacy settings or security measures contained on this
Website.
04
INTELLECTUAL PROPERTY RIGHTS
Names, logos, product and service names, designs, slogans, and products on the
Website may be protected by trademark, trade dress, copyright, or other intellectual
property rights owned by Company or its affiliates or licensors. You must not use
these without the prior written permission of Company or its licensor or in any
other way dilute, blur, or tarnish Company’s brand.The Website and its entire contents, features, and functionality (including but not
limited to all information, software, data, text, displays, images, video, and audio
and the design, selection, and arrangement thereof) are owned by Company, its
affiliates, its licensors, or other providers of such material and may be protected
by United Kingdom and international copyright, trademark, patent, trade secret, or
other intellectual property or proprietary rights laws.These Terms permit you to use the Website for your personal, non-commercial use
only. You must not reproduce, distribute, modify, create derivative works of,
publicly display, publicly perform, republish, download, store, or transmit any of
the material on the Website or any good or service provided on this Website, in
whole or in part, except as follows: your computer may temporarily store copies of
such materials in RAM incidental to your accessing and viewing those materials; you
may store files that are automatically cached by your web browser for display
enhancement purposes;you may print or download one copy of a reasonable number of pages of the Website
for your own personal, non-commercial use in and otherwise accordance with these
Terms and not for further reproduction, publication, or distribution; <br />
if Company provides desktop, mobile, or other applications for download, you may
download a single copy to your computer or mobile device solely for your own
personal, non-commercial use, provided you agree to be bound by the end user license
agreement for such applications;if Company provides social media features with certain content, you may take such
actions as are enabled by such features; and as otherwise explicitly allowed by
these Terms or any other Applicable Term.You must not:modify any materials that originated from the Website;reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to
derive or gain access to any software component of this Website or any good or
service that originated through the Website, in whole or in part;use any illustrations, photographs, video or audio sequences, or any graphics
separately from the accompanying text; or delete, falsify, misrepresent, or alter
any copyright, trademark, or other proprietary rights notices from materials that
originated from the Website. You must not access or use for any commercial purposes
any part of the Website or any good, service, or material that originated on or
through the Website.If you print, copy, modify, download, or otherwise use or provide any other person
with access to any part of the Website in breach of these Terms, your right to use
the Website will cease immediately and you must, at Company’s option, return or
destroy any copies of the materials you have made. No right, title, or interest in
or to the Website or any content on the Website is transferred to you, and all
rights not expressly granted are reserved. Any use of the Website not expressly
permitted by these Terms is a breach of these Terms and may violate copyright,
trademark, and other laws.
05
PROHIBITED USES
You may use the Website and the goods and services that originate through it only
for lawful purposes and in accordance with the Applicable Terms. Without limiting
the generality of the foregoing, you agree not to use the Website: in any way that
violates any applicable international law, statute, or regulation (including,
without limitation, any laws relating to the export of data or software to and from
the UK or other countries, money laundering, gambling, or international sanctions)for the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally
identifiable information, or otherwise; to transmit, or procure the sending of, any
advertising or promotional material, including any “junk mail”, “chain letter,”
“spam,” or any other similar solicitation; delete, falsify, misrepresent, or alter
any copyright, trademark, or other proprietary rights notices from materials that
originated from the Website. to impersonate or attempt to impersonate Company, a
current or past Company employee, another user, or any other person or entity
(including, without limitation, by using e-mail addresses or screen names associated
with any of the foregoing); or to engage in any other conduct that restricts or
inhibits anyone's use or enjoyment of the Website, or which, as determined by
Company, may harm Company or third parties or expose them to liability.Additionally, you agree not to:use the Website in any manner that could disable, overburden, damage, or impair the
site or interfere with any other party's use of the Website, including their
ability to engage in real time activities through the Website;
use any robot, web scraping or scraping method, data mining, spider, other similar
data gathering or extraction methods, or other automatic device, process, or means
to access the Website for any purpose, including monitoring or copying any of the
material on the Website;use any manual process to monitor or copy any of the material on the Website or for
any other purpose not expressly authorized in the Applicable Terms; use any device,
software, or routine that interferes with the proper working of the Website;introduce any harmful content such as malware, viruses, trojan horses, worms, logic
bombs, time bombs, or other material that is malicious or technologically harmful;
attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts
of the Website, the server on which the Website is stored, or any server, computer,
or database connected to the Website;attack the Website via a denial-of-service attack or a distributed denial-of-service
attack; or otherwise attempt to interfere with the proper working
06
RELIANCE ON INFORMATION POSTED
The information presented by Company on or through the Website is made available
solely for general information purposes. Company does not warrant the accuracy,
completeness, or usefulness of this information. Any reliance you place on such
information is strictly at your own risk. Company disclaims all liability and
responsibility arising from any reliance placed on such materials by you or any
other visitor to the Website or by anyone who may be informed of any of its
contents.The Website may include content provided by third parties, including materials
provided by other users, bloggers, third-party licensors, syndicators, aggregators,
or reporting services. All statements and opinions expressed in those materials, and
all articles and responses to questions and other content, other than the content
provided by Company, are solely the opinions and the responsibility of the person or
entity providing those materials. Those materials do not necessarily reflect the
opinion of Company. Company is not responsible, or liable to you or any third party,
in any way for the content or accuracy of any materials provided by any third
parties.
07
THIRD PARTIES
Certain goods or services offered or provided through the Website may be provided by
third parties. We do not control these third parties and are not responsible or
liable for, nor do we endorse or make any representations or warranties relating to,
their goods or services. By using or accessing in any way the Website or any goods
or services that originate through it (including by making any purchases through the
Website), you agree to all applicable terms of these third parties. Any claims
related to a third party or their goods or services must be brought against such
third parties themselves and not against Company. Please refer to our Privacy Policy
for more information about third parties that may provide goods or services to this
website and their current privacy policies.
08
CHANGES TO THE WEBSITE
Company may update the content on the Website from time to time, but its content is
not necessarily complete or up to date. Any of the material on the Website may be
out of date at any given time, and Company is not obligated to update such material.
09
FEEDBACK
If you send or transmit any communications or materials to Company with suggestions,
recommendations, questions, or the like relating to changes to this Website or its
goods or services (collectively, “Feedback”), including without limitation, new
features or functionality relating thereto, Company is free to use such Feedback
irrespective of any other obligation or limitation governing such Feedback. You
hereby assign to Company all right, title, and interest in, and Company is free to
use, without any attribution or compensation to any party, the Feedback, including
any ideas, know-how, concepts, techniques, or other intellectual property rights
contained therein, for any purpose whatsoever, although Company is not required to
use any Feedback.
10
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
All information that you provide on or through this Website, or that is otherwise
collected through this Website, in each case whether it is yours or a third party’s,
is subject to the Privacy Policy (the “Privacy Policy”), which is hereby
incorporated into these Terms. By using this Website, you consent to, and represent
that you have obtained the applicable third parties’ consent to all, actions taken
in compliance with the Privacy Policy.
11
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS
All purchases through the Website or other transactions for the sale of goods or
services from Company are governed by the Terms of Sale (the “Terms of Sale”), which
are hereby incorporated into these Terms.
12
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to the Website, provided you do so in a way that is fair and legal and
does not damage Company’s reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval, or
endorsement on Company’s part without Company’s express written consent.The Website may provide certain social media features that enable you to:link from your own or certain third-party websites to certain content on the Website
or send emails or other communications with certain content, or links to certain
content, on the Website.You may use these features solely as they are provided by Company, solely with
respect to the content with which they are displayed, and otherwise in accordance
with any additional terms and conditions Company provides with respect to such
features. Subject to the foregoing, you must not:cause the Website or portions of it to be displayed on, or appear to be displayed
by, any other site (for example, framing, deep linking, or in-line linking);link to any part of the Website other than the homepage; or otherwise take any
action with respect to the materials on the Website that is inconsistent with any
other provision of the Applicable Terms. You agree to cooperate with Company in
causing any unauthorized framing or linking immediately to stop. Company reserves
the right to withdraw linking permission from any person without notice.Company may disable all or any social media features and any links at any time
without notice in its discretion.
13
LINKS FROM THE WEBSITE
If Company provides links to other sites and resources provided by third parties,
these links are provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. Company has no
control over the contents of those sites or resources; does not endorse their
activities, goods, or services; and accepts no responsibility for them or for any
loss or damage that may arise from your use of them. If you decide to access any of
the third-party websites linked to the Website, you do so entirely at your own risk
and subject to the terms and conditions of use for such websites.
14
GEOGRAPHIC RESTRICTIONS
Company is based in the United Kingdom. Company provides the Website for use only by
persons located in the United Kingdom. Company makes no claims that the Website or
any of its content is accessible or appropriate outside of the United Kingdom.
Access to the Website may not be legal by certain persons or in certain countries.
If you access the Website from outside the United Kingdom, you do so on your own
initiative and are responsible for compliance with local laws.
14
GEOGRAPHIC RESTRICTIONS
Company is based in the United Kingdom. Company provides the Website for use only by
persons located in the United Kingdom. Company makes no claims that the Website or
any of its content is accessible or appropriate outside of the United Kingdom.
Access to the Website may not be legal by certain persons or in certain countries.
If you access the Website from outside the United Kingdom, you do so on your own
initiative and are responsible for compliance with local laws.
15
DISCLAIMER OF WARRANTIES
You understand that the Company cannot and does not guarantee or warrant that files
available for downloading from the internet or the Website will be free of viruses
or other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output and for maintaining a means
external to the Website for any reconstruction of any lost data. TO THE FULLEST
EXTENT PROVIDED BY LAW, NEITHER COMPANY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR
ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER
PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY
GOODS OR SERVICES OBTAINED THEREBY, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT
OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ALL GOODS OR SERVICES OBTAINED THROUGH THE
WEBSITE ARE AT YOUR OWN RISK. THE WEBSITE, ITS CONTENTS, AND ANY GOODS OR SERVICES
OBTAINED THEREBY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, (A) COMPANY
DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ALL KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR PARTICULAR PURPOSE,
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY AND ALL
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, AND (B) NEITHER
COMPANY NOR ANY PERSON OR ENTITY ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT
THIS WEBSITE, ITS CONTENTS, OR ANY GOODS OR SERVICES OBTAINED THROUGH THIS WEBSITE
WILL BE ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS
WILL BE CORRECTED; THAT THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS WEBSITE OR ANY GOODS OR
SERVICES OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
16
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL USES OF
THIS WEBSITE AND THE GOODS AND SERVICES THAT RESULT FROM ACCESS TO THIS WEBSITE BY
YOURSELF OR OTHERS TO WHOM YOU HAVE PROVIDED ACCESS, DIRECTLY OR INDIRECTLY, WHETHER
SUCH ACCESS OR USE IS PERMITTED BY OR IN VIOLATION OF THIS AGREEMENT.TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR
ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, DIRECTORS,
OR EQUITYHOLDERS OF THE FOREGOING (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE
FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY WEBSITES LINKED TO IT; ANY
CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES; OR ANY GOODS OR SERVICES THAT
ORIGINATE THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, IN ALL CASES INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO PERSONAL INJURY,
PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS OR COSTS,
LOSS OF BUSINESS OPPORTUNITIES OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF TIME, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, INCONVENIENCE, SHUTDOWN OR SLOWDOWN COSTS, DAMAGE TO GOODWILL OR
REPUTATION, OR OTHER ECONOMIC LOSS, REGARDLESS OF THE BASIS FOR THE CLAIM (WHETHER
CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE), EVEN IF
COMPANY IS AWARE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES OR IF SUCH
DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
17
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Company and its affiliates,
licensors, and service providers, and its and their respective officers, directors,
managers, equity holders, employees, contractors, agents, licensors, suppliers,
successors, and assigns, from and against any and all claims, liabilities, damages,
judgments, awards, losses, costs, expenses, and fees (including reasonable
attorneys'; fees) arising out of or relating to any of the following by you or
any of your successors or assigns (including any person to whom you may transfer any
good or right that originated through the Website): (a) the violation of any
Applicable Term (including these Terms); (b) use of the Website (including, but not
limited to any use of the Website's content, goods, or services other than as
expressly authorized in these Terms or any other Applicable Term or use of any
information obtained from the Website); (c) use or misuse of any good or service
obtained through the Website (including any non-fungible token or any work
associated with such non-fungible token), including, without limitation, the
violation of any law or regulation.
18
YOUR COMMENTS AND CONCERNS
Company is located at:
Permian, 20-22 Wenlock Road, London, N1 7GUAll feedback, comments, requests for technical support, and other communications to Company relating to the Website should be directed to [email protected].19
MISCELLANEOUS TERMS
You acknowledge and agree that you intend for the Applicable Terms to be legally
binding upon you and your respective successors, assigns, executors, administrators,
heirs, and estates. Moreover, the persons and entities referred to in Article 18
(other than Company, which is a direct beneficiary of the Applicable Terms) are
third-party beneficiaries of the Applicable Terms. All matters relating to the Website and any Applicable Term (including these Terms),
and any dispute or claim arising therefrom or related thereto (in each case,
including non-contractual disputes or claims), shall be governed by and construed in
accordance with British law. without giving effect to any choice or conflict of law
provision or rule (whether British or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, any Applicable
Term (including these Terms) or the Website shall be instituted and maintained
exclusively in the United Kingdom, although Company retains the right to bring any
suit, action, or proceeding against you in your country or state of residence or any
other relevant country or state. You waive any and all objections to the exercise of
jurisdiction over you by such courts and to venue in such courts.No waiver by Company of any term or condition set forth in these Terms or any other
Applicable Term shall be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of Company to
assert a right or provision under these Terms or any other Applicable Term shall not
constitute a waiver of such right or provision.
If any provision of these Terms or any other Applicable Term is held by a court or
other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable
for any reason, a suitable and equitable provision will be substituted therefor to
carry out the original intent as closely as possible, and the remaining provisions
of these Terms and the other Applicable Terms will continue in full force and
effect. You acknowledge that a breach or threatened breach of any Applicable Term would give
rise to irreparable harm to Company for which monetary damages would not be an
adequate remedy and you hereby agree that, in the event of such a breach or a
threatened breach, Company will, in addition to any and all other rights and
remedies that may be available to it in respect of such breach, be entitled to
equitable relief, including a temporary restraining order, an injunction, specific
performance, and any other relief that may be available from a court of competent
jurisdiction (without any requirement to post bond or prove actual damages or that
monetary damages will not afford an adequate remedy). You agree to, from time to time at the request of Company, without any additional
consideration, furnish Company such further information; execute and deliver such
additional documents, instruments, and conveyances; and take such other actions and
do such other things, in each case as may be necessary or convenient for Company to
carry out the provisions of the Applicable Terms or to give effect to the
transactions contemplated hereby. In the event that any legal suit, action, or proceeding is instituted to enforce any
Applicable Term (or obtain any other remedy in respect of any breach of any
Applicable Term), the prevailing party in the suit, action, or proceeding will be
entitled to recover from the other party, in addition to all other damages to which
it may be entitled, the costs incurred by such party in conducting the suit, action,
or proceeding, including actual expenses, court costs, and attorneys'; fees,
including the prevailing party’s attorneys’ fees for litigating the amount of
attorney’s fees. These Terms, together with any other documents expressly incorporated herein
(including the other Applicable Terms), constitute the sole and entire agreement
between you and Company with respect to the Website and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties, both
written and oral, with respect to the Website and any goods or services that
originate therefrom. In the event of any conflict between these Terms and the terms
of any other germane Applicable Term, the other Applicable Term will apply.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HAVE A JUDGE (RATHER THAN A
JURY) RESOLVE ANY AND ALL ISSUES ARISING IN ANY ACTION OR PROCEEDING RELATING TO ANY
APPLICABLE TERM OR TO YOUR RELATIONSHIP WITH COMPANY AND YOU WAIVE THE RIGHT TO A
TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE
ACTION IN CONNECTION THEREWITH. YOU UNDERSTAND THAT THE RIGHT TO A TRIAL BY JURY IS
A CONSTITUTIONAL RIGHT AND THAT THIS ELECTION TO HAVE A JUDGE, RATHER THAN A JURY,
DETERMINE ALL CLAIMS ON AN INDIVIDUAL BASIS, RATHER THAN IN A CLASS ACTION OR
REPRESENTATIVE ACTION, IS A VOLUNTARY CHOICE.