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PLEASE READ THIS DOCUMENT VERY CAREFULLY. IT CONTAINS IMPORTANT LEGAL INFORMATION RELATING TO YOUR PURCHASE OF CAaNES SERVICES, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCEPTING YOUR CAaNES SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT.
1. Introduction
This agreement ("Agreement") contains terms and conditions applicable to your purchase of CAaNES, LLC. ("CAaNES") services ("Services"). If you have any questions about this Agreement, please contact CAaNES at info@caanes.com.
2. Governing Law
THIS AGREEMENT AND ALL SALES THEREUNDER SHALL BE GOVERNED BY THE STATE OF NEW MEXICO, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
3. Prices and Taxes
Prices are exclusive of all federal, state, local, or other government taxes, fees, or charges now in force or enacted in the future. Taxes will be indicated on the invoice; however, if any additional such tax, fee or charge is imposed by any governmental authority on, or measured by, the transaction between CAaNES and you, you will be responsible for such tax, fee or charge. In the event that CAaNES is required to pay any such tax, fee, or charge at the time of sale or thereafter, you will reimburse CAaNES therefore.
4. Payment Terms
Buyer agrees to make the payments set forth in the invoice for the Services. An invoice not paid within terms is considered past due, and such invoices will be subject to a daily charge, compounded monthly, at the rate of either one and one-half percent (1.5%) per month or the highest legal interest rate, whichever is lower.
5. Limitation of Liability
UNDER NO CIRCUMSTANCE SHALL CAANES BE LIABLE FOR (A) ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOST PROFITS, EVEN IF CAANES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, (B) ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY, OR (C) ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE SERVICES PURCHASED HEREUNDER. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. SOME STATES OR COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS CONTAINED HEREIN MAY NOT APPLY TO YOU.
6. General
- The state or federal courts sitting in Bernalillo County, New Mexico shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts.
- The terms and conditions set forth herein comprise the entire agreement between CAaNES and you regarding this subject matter, and may be modified only in a writing signed by authorized officers of both parties.
- This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
- The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
- You hereby acknowledge that you have not entered into this Agreement in reliance upon any representation by any person or entity except for the representations specifically described herein.
- The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
- Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
- The section headings used herein are for convenience only and shall not be given any legal import.