TERMS AND CONDITIONS OF USE (cont.)
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
ADVANCED RESEARCH, LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR
PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF ADVANCED RESEARCH, LTD. OR AN AUTHORIZED REPRESENTATIVE
OF ADVANCED RESEARCH, LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR
USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you
agree with Advanced Research, Ltd., its service providers, agents, employees,
successors, assigns, affiliates, parents, subsidiaries and any content
provider or offer of goods or services on this Site or through any other
associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND
ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR
ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE,
INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is
filed. The Code is available at
http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this User Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or
as codified in the jurisdiction where enforcement of the award is sought).
Hearings shall be held as provided by the Code and if any In-person Hearing
is required, it shall be held in Toledo, Ohio. Each party shall bear
its own cost of any legal representation, discovery, or research required to
complete arbitration.
Privacy
Please review our Privacy Notice, which also governs your visit to this
Site.
Account and Password
You are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password. If you are under 18, you may use the Site only with a parent or
guardian. Advanced Research, Ltd. reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in its sole discretion.
|