seveneightfive deisgn makes no warranty or guarantee as to the effectiveness of a shop.seveneightfive.com marketplace listing.
As with all other forms of advertising, Participants in the program must rely on their own judgment regarding the value of this product on their business. seveneightfive does not make any warranty of any kind regarding items sold by individual vendors on shop.seveneightfive.com markerplace.
For consumers of products and services, shop.seveneightfive.com does not warrant the accuracy, completeness, currency, or reliability of content or data listed by Vendors in the Marketplace, and shop.seveneightfive.com also expressly disclaims all warranties and conditions regarding products and professional services offered or performed.
shop.seveneightfive.com disclaims all warranties, express, implied, arising by statute or otherwise, including but not limited to any warranty of merchantability or quality, fitness for any particular purpose. No implied warranty of merchantability or warranty of fitness for any particular purpose shall apply and mediate.com disclaims any such warranties.
shop.seveneightfive.com, seveneightfive magazine and seveneightfive design shall not be liable for any damages, whether direct, indirect, special, consequential, incidental, punitive or otherwise (including damages resulting from loss or theft of data, use, profits, revenue, goodwill or infringement), or any costs of substitute services, even if shop.seveneightfive.com had been advised, known or should have known of the possibility of such, which may be sustained by vendor or others.
Participant expressly agrees that, if for any reason shop.seveneightfive.com shall be found liable, shop.seveneightfive.com’s sole liability to VEndor shall in not exceed in the aggregate the amounts received by shop.seveneightfive.com from Vendor for the most recent two months of commission.
The shop.seveneightfive.com Marketplace contains links to third party web sites. shop.seveneightfive.com does not control the content of these web sites. All information is provided “as is” without any express or implied warranties or endorsement, including, but not limited to, implied warranties of merchantability, accuracy of information, fitness for a particular purpose or non-infringement. In no event shall shop.seveneightfive.com be liable for any special, indirect, punitive or other damages resulting from any use or content or errors or omissions in the information on our website or on websites to which we provide links.
The terms and conditions in this document shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any of the other remaining provisions.
Modification of Terms & Conditions
shop.seveneightfive.com may at any time modify these terms and conditions. In the event that these terms and conditions are modified, shop.seveneightfive.com will provide all Vendors in the shop.seveneightfive.com Marketplace program with notice of the change. If Vendors do not agree with the changes, their sole remedy is to opt out and remove their vendor listings.
Limitation of Liability
shop.seveneightfive.com assumes no responsibility, and shall not be liable for, any loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is any way connected with the shop.seveneightfive.com Marketplace. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery.
Vendors in the shop.seveneightfive.com Marketplace agree to indemnify and hold shop.seveneightfive.com and its subsidiaries, affiliates, officers, directors, agents, consultants, and employees harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of the Vendor’s breach of this agreement, or the Vendor’s violation of any law or the rights of a third party. shop.seveneightfive.com’s failure to act with respect to a breach by the Vendor or others does not waive its right to act with respect to subsequent or similar breaches.
The parties agree that the failure of a party at any time to require performance by the other party of any of the provisions herein shall not operate as a waiver of the right of a party to request strict performance of the same or like provisions, or any other provisions hereof, at a later time.
In the event any legal action is instituted between the parties in connection with this Agreement, the prevailing party, in addition to any other rights and remedies it may have, shall be entitled to reimbursement of its expenses, including court costs and reasonable attorneys’ fees. Each party agrees to first mediate any dispute prior to the institution of any court proceeding. Each party will pay one-half the mediation fees and costs.
Each party acknowledges that in the course of performing its obligations hereunder it may receive or have access to information that is confidential and proprietary to the other party (“Confidential Information”). Each party agrees not to use Confidential Information of the other party except in the performance of this Agreement and not to disclose such Confidential Information to third parties except on a “need to know” basis in the performance of its obligations under this Agreement. The obligations contained in this Section shall survive the termination of this Agreement and shall subsist for so long as the Confidential Information remains confidential.
shop.seveneightfive.com reserves the right to assign this Agreement to its successors.
shop.seveneightfive.com shall not be responsible or liable for nonperformance or delays in performance occasioned by any causes beyond Vendor or shop.seveneightfive.com’s reasonable control, including, but not limited to, any labor difficulties, strikes, delays of vendors or carriers, fires, explosions, floods, casualties, acts of God, war, riots, acts of terrorism, or governmental actions.
This agreement and its performance shall be governed by and construed in accordance with the laws of the State of Kansas.
The terms and provisions contained in this Agreement constitute the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all other agreements, written or oral, between the parties as to the subject matter hereof.