DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Disclaimer of Warranties
This Site and all Shapermart content,
information, products, and third party content made available to you through the
The site, including the products sold at the website, are provided on an “as is”
basis. Therefore, Shapermart makes no warranty as to quality, accuracy,
completeness or validity of the products or their descriptions, nor of the
Content of the Site.
By using the Site, you are
acknowledging that your use of the Site is at your sole risk, that you assume
full responsibility for all costs associated with all necessary servicing or
repairs of any device you use in connection with your use of our Site, and that
Shapermart will not be liable for any damages of any kind related to your use
of this Site.
You agree that, at any time, we may
remove products or access to the Site for unlimited periods of time or cancel
the Site at any time, without prior notice.
To the extent that this Site contains
links to outside services and resources, Shapermart hereby states that it has
no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third-party websites or services.
Limitation of Liabilities
To the full extent permissible by
law, in no event Shapermart, or its officers, directors, employees,
shareholders or agents will be liable for damages of any kind arising from the
use of the Site, or from any information, content, materials, products, or other
services included on, or made available to you, through the Site (including the
purchasing of products), including, but not limited to direct, indirect,
incidental, punitive, and consequential damages, or any damages that result
from errors, omissions, disruptions, deletion of files or emails,
imperfections, viruses, delays of any time or any failure of performance,
whether or not resulting from acts of god, communications failures, theft,
destruction, or unauthorized access to Shapermart’s records, programs or
services; and be liable to the users for any indirect, special, incidental,
consequential, punitive, or exemplary damages, including, without limitation,
damages for loss of goodwill lost profits, loss, theft, or corruption of users’
personal information, or the inability to use the Site.
In case Shapermart breaches these
Terms, we shall only be liable for losses or damages which are a reasonably
the foreseeable consequence of such breach, or of our failing to use reasonable
care and skill; but we will not be responsible for any loss or damage that is
not foreseeable. In all cases, Shapermart’s liability would be limited to the
the total price of your order as it is stated below.
You understand that you are
personally responsible for your behavior while using the Site and agree to
indemnify and hold harmless Shapermart, including its officers, directors,
employees, agents, and licensors from and against claims of any kind that these
may incur in connection with a third party claim or otherwise, arising out of
or related to your unauthorized use of the Site or its content, your violation
of these Terms, applicable law, or the rights of any third party. To the extent
permitted under applicable laws, you hereby release Shapermart, including its
officers, directors, employees, agents, and licensors from any and all claims or
liability related to your unauthorized use of the Site or its Content, or
non-compliance with these Terms.
Shapermart will not be responsible
for any material or manufacturing faults in products that we have supplied,
including damage incurred in transit, but only for breaches in its capacity as
seller of the products. Please note that Shapermart is not the manufacturer of
the products and any liability related to manufacturing shall be the exclusive
responsibility of the manufacturer.
In all cases, without prejudice to
the limitations included above, Shapermart’s responsibility for any loss or
damage will be limited to the total price of your order. Additionally, you
agree that any claim you may have arising out of or related to your
relationship with Shapermart must be filed within one year from the date
such claim arose. Otherwise, your claim shall be permanently barred.
10. GOVERNING LAW AND COMPETENT JURISDICTION
These Terms are governed by and construed in accordance with the laws of YORK COUNTY DISTRICT COURT without giving effect to any principles of conflicts of law. You agree to resolve any dispute you have with Shapermart exclusively in a Court YORK COUNTY DISTRICT COURT.
Each paragraph of
these Terms operates separately. This means that in the event that any
provision of these Terms is held to be unlawful, void, or for any reason
unenforceable, then that provision will be deemed severable from these Terms
and will not affect the validity and enforceability of the rest of Terms.
Shapermart’s failure to insist upon
or enforce strict performance of any provision of these Terms will not be
considered a waiver of any provision or right. No waiver of any of these Terms
will be deemed a further or continuing waiver of such term or condition or any
other term or condition.