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2. We use your account login to gather the shipping and billing information that allows us to process your orders speedily and accurately and to contact you if we need more information to process your order. We collect this information: your name, telephone number, email address, fax number, and billing / shipping information. We do not share your information with any third party not directly involved in processing, preparing, or shipping your order. In the event of a merger, consolidation, or sale or transfer of all or substantially all of the assets or business of Distriwave, the information we collect from our customers may be transferred as an asset to the new company. However, the use of this information by any successor would still be governed by the terms of this privacy policy, as amended from time to time, including any amendment after such transaction. |
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In the event that any of the Products malfunction and such malfunction leads to
damage or injuries to the Products, to Customers business, the end-user's business, to other equipment, or residence, or to employees or to other persons, Distriwave shall not be liable for such damages or injuries. Customer understands and agrees that if Distriwave shall be found liable for loss or damage caused by failure of Distriwave to perform any of Distriwave's obligations hereunder or the failure of the Products in any respect whatsoever, Distriwave's liability shall be limited to the price paid for such Products, and this liability shall be exclusive. Customer understands and agrees that the provisions or this section shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or non-performance of any of Distriwave's obligations or from negligence, active or otherwise, of Distriwave, or its agents, servants, assignees or employees.
IN NO EVENT SHALL DISTRIWAVE BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF DISTRIWAVE HAS BEEN ADVISED OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRICIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE. IN NO EVENT WILL DISTRIWAVE'S LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE BASIS OF THE CLAIM.
IN NO EVENT SHALL DISTRIWAVE BE LIABLE FOR ANY CONSEQUENTAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEDGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. DISTRIWAVE DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. DISTRIWAVE SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CUSTOMER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY CUSTOMER ARISING FROM THE INFRINGEMENT OR VIOLATION OF ANY PATENTS, TRADEMARKS, COPYRIGHTS OR OTHER PROPRIETARY RIGHTS BY ANY PRODUCTS. DISTRIWAVE MAKES NO WARRANTY, EXPRESS OR IMPLIED. NOTWITHSTANDING ANY OTHER TERMS OR CONDITIONS TO THE CONTRARY, DISTRIWAVE'S LIABILITY UNDER THIS SECTION SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE ALLEGED LIABILITY.
GOVERNING LAW / VENUE / JURISDITION
This agreement shall be construed and enforced in accordance with the laws of the state of Florida without regard to the conflicts of law provisions thereof. ALL SALES TRANSACTIONS EXCLUDE THE APPLICATION OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS, IF OTHERWISE APPLICABLE. All claims, actions, disputes, controversies or suits shall be litigated exclusively in the courts of competent jurisdiction in Doral County, Florida, United States. Each party specifically consents to service of process by and the jurisdiction of and venue in those courts and Customer, if not a resident of the United States, hereby appoints the Secretary of State of Florida as its agent for service of process in the United States.
COMPLIANCE WITH LAWS
Customer agrees to comply with the laws, regulations and requirements of the United States.
This includes, without limitation, the applicable export control and economic sanctions laws,
regulations and requirements administered by the Commerce Department's Bureau of Industry and
Security and the Treasury Department's Office of Foreign Assets Control as they may govern the export and re-export of items purchased under these Terms and Conditions. Customer acknowledges that all Products purchased may be controlled for export by the U.S. Department of Commerce and that the Products may require authorization prior to export from the United States. Customer further agrees that it will not make any payment, directly or indirectly, that would cause a violation of the anti-bribery laws of any country or jurisdiction, including without limitation the U.S. Foreign Corrupt Practices Act which, inter alia, prohibits certain payments to foreign government officials for the purpose of obtaining or retaining business. The Federal Equal Credit Opportunity Act (ECOA) prohibits creditors from discriminating against credit applications on the basis of race, color, religion, national origin, sex, marital status,
age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with law concerning the creditor is the Federal Trade Commission, Division of Credit Practices, 600 Pennsylvania Avenue, NW, Washington, SC 20580.
NOTICES
All notices and other communications relating to this Agreement or its terms must be
either: (1) in writing and sent via first class United States Postal Service certified or registered mail with return receipt requested; or (2) via other similar overnight courier to Distriwave, 2134 NW 99th Ave, Miami, FL 33172. All notices sent by Distriwave hereunder will be deemed received two (2) days after postmark or shipping date, or on the day of actual receipt if earlier. In addition, Distriwave may provide notices hereunder to Customer via facsimile to the facsimile number(s) Customer provided to Distriwave via Customer's completion of Distriwave's credit application, with such facsimile notices being deemed received upon Distriwave's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received by Customer is not a business day or is after five (5) p.m. on a business day, then such facsimile shall be deemed to have been received on the next following business day.
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