TERMS AND CONDITIONS OF SALE (cont.)
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Advanced
Research, Ltd. reserves the right to make adjustments due to changing market
conditions, product discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. High volume bids are
welcome!
While Advanced Research, Ltd. uses reasonable efforts to
include accurate and up-to-date information on the Site, Advanced Research,
Ltd. makes no warranties or representations as to the Site's accuracy.
Advanced Research, Ltd. assumes no liability or responsibility for any
errors or omissions in the content on the Site.
Limitation of Liability
ADVANCED RESEARCH, LTD. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. ADVANCED RESEARCH, LTD. WILL NOT BE
LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED
TO THE PURCHASE OF PRODUCTS OR SERVICES, ADVANCED RESEARCH, LTD. IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR
AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this Sale Agreement (including,
to the full extent permitted by applicable law, relationships with third
parties who are not signatories to this Sale Agreement), Advanced Research,
Ltd.'s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION
FORUM (NAF) 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 Sale 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).
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