Joshua Stern Store Terms of Service
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1. Standard Terms
When you order something from the Joshua Stern store, we will send you an email confirming your order, and after it's processed, we will subsequently contact you via email to schedule an initial online 15–25 minute meeting. If we cannot schedule such a meeting with you in a reasonable time, we will inform you, and refund your payment.
2. Prices and Payment
If you live in Maryland, then you are subject to the local sales taxes applicable in your state. We will add these taxes to your order at the time of purchase. If you are ordering from outside the United States, you may be subject to additional taxes and duties, depending on where you live. Depending on changing regulatory requirements, we may need to include the local sales taxes for customers from other states as well.
3. Dispute Over This Service
Although we hope that no serious disagreements arise, in the event of a dispute between you and us, you agree to resolve it exclusively in a state or federal court located in Montgomery County, Maryland. You also agree that Maryland law and, to the extent applicable, United States law will govern this Agreement, as well as any claim that might arise between you and us, without reference to conflict of laws principles. You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Montgomery County, Maryland, in any legal action or proceeding relating to us or this Agreement.
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or the Agreement must be filed within the applicable statute of limitations or, if earlier, one (1) year after discovery of the pertinent facts underlying such claim or cause of action or be forever barred.
WE PROVIDE THESE PRODUCTS AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATING TO OUR PRODUCTS, SERVICES, AND LICENSED MARKS AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, AS TO ANY MATTER.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF ANY THIRD-PARTY WEBSITES OR RESOURCES. ALTHOUGH THIS SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES AND RESOURCES, WE ARE NOT RESPONSIBLE OR LIABLE FOR THEIR AVAILABILITY, ACCURACY, OR THE RELATED CONTENT, PRODUCTS, OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY VIRUSES OR OTHER DISABLING FEATURES), NOR DO WE HAVE ANY OBLIGATION TO MONITOR SUCH THIRD-PARTY CONTENT.
WE ARE NOT RESPONSIBLE FOR THE CONTENT, DATA, OR ACTIONS OF THIRD-PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE TYPES OF DISCLAIMERS IN THIS SECTION, SO THEY MAY NOT APPLY TO YOU.
5. Limitation of Liability
WE WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, SUFFERED OR ARISING OUT OF OR IN CONNECTION WITH THE Joshua Stern STORE'S PRODUCTS, SERVICES, OR LICENSED MARKS, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY REGARDLESS OF WHETHER US OR YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OUR LIABILITY EXCEED ONE-HUNDRED DOLLARS ($100.00) IN AGGREGATE. IN THE CASE THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, ALTHOUGH OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The headings in this Agreement are for convenience of reference only, are not a part of this Agreement, and shall not limit or otherwise affect the meaning hereof. Both parties to this Agreement have reviewed this Agreement and, accordingly, neither party shall attempt to invoke the normal rule of construction to the effect that ambiguities are to be resolved against the drafting party in any interpretation of this Agreement. Neither party may rely on any drafts of this Agreement in any interpretation of the Agreement.
The parties agree that this Agreement and any documents relating to it may be executed and transmitted to any other party by facsimile, which facsimile shall be deemed to be, and utilized in all respects as, an original, wet-inked manually executed document.
If, in any circumstance, we do not apply or enforce any provision or right of this Agreement, it is not and should not be considered a waiver of that provision or right or ability to later assert that provision or right with respect to the particular situation involved.
This Agreement was written in English (U.S.), and to the extent that any translated version of this Agreement conflicts with the English version, the English version controls.
If any provision or part of a provision of this Agreement is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and will be enforced to the maximum extent permissible so as to not affect the validity or enforceability of this Agreement as a whole, and all other provisions of this Agreement will remain in full force and effect.