PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM THIS SITE
G PRIME MEDIA LLC ("G PRIME"), FOR AND ON BEHALF OF ITSELF IS WILLING TO SELL THE PRODUCT TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED HEREIN (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY USING THE PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN YOU MUST NOT USE THE PRODUCT.
Warranties and Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PRODUCT IS PROVIDED “AS IS” “WHERE IS” AND ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED (BY COMMON LAW, STATUTE OR OTHERWISE), IN RELATION TO THE PRODUCT ARE HEREBY EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, LICENSOR AND SUPPLIERS DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND MAKE NO WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, LICENSEE DOES NOT MAKE ANY WARRANTIES TO LICENSOR, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATING TO ITS PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. EXCEPT TO THE EXTENT THE FOLLOWING CANNOT BE EXCLUDED BY LAW, YOU ASSUME THE ENTIRE RISK OF ANY USE YOU MAY MAKE, OR PERMIT OR CAUSE TO BE MADE, OF THE PRODUCT. NEITHER G PRIME NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUBCONTRACTORS SHALL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY THIRD PARTY'S USE OF OR INABILITY TO USE THE PRODUCT, OR OTHERWISE ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR REVENUES OR OTHER ECONOMIC LOSS OF LICENSEE OR ANY THIRD PARTY), WHETHER IN TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT OR OTHERWISE, AND WHETHER OR NOT THE MSCI PARTY HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. Not withstanding any other provision hereof, in no event shall G Prime’s total liability relating to or in connection with any Products whether based on contract, warranty, tort (including negligence), strict Product liability or otherwise, exceed the actual amount paid to G Prime by You for the Product(s) giving rise to the liability.
Export Regulations. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Product. You agree that neither the Product nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
Trademarks and Logo. You acknowledge and agree as between you and G Prime that G Prime owns the G Prime trademarks and all G Prime -related trademarks, service marks, logos and other brand designations ("G Prime Marks"). All other trademarks and copyrights referenced on thebackside.myshopify.com are the property of their respective owners. Any use you make of the G Prime Marks inures to G Prime's benefit.
Governing Law. This agreement is governed by the substantive and procedural laws of Pennsylvania. You and G Prime agree to submit to the exclusive jurisdiction of, and venue in, the courts of Montgomery County, Pennsylvania in any dispute arising out of or relating to this agreement. Except in the case of nonpayment, neither party may institute any action in any form arising out of this Agreement more than one (1) year after the cause of action has arisen.
No Waiver. The failure of G Prime to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
Severability. If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that this Agreement will in any event remain valid and enforceable.
Integration. This Agreement is the entire agreement between you and G Prime relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.