LIMITATION OF LIABILITY (PLEASE READ CAREFULLY) (YOU MUST BE 18 TO BUY ) |
| "Company" refers to Haunted Curiosities, 2piratesbringUtreasure and JustMeDeeDee (all unincorporated businesses) its owners, employees and any other associated persons or related businesses specifically including, but not limited to: XXXXXXXXXX, XXXXXXXX, XXXXX XXXXXX, Ricky Coulbourn, Aaron Davist, Fred Gordon, Kevin Kintch, Brian Rivaud. "You" refers to the person or entity signing this agreement and thereby granting a Limitation of Liability, as described below, to Company. "Item" is product or curiosity that you are purchasing from the Company which may have haunted, paranormal, supernatural negative energy properties which may expose you to spirits or other unexplainable phenomena which may frighten or cause damage to you, other persons or your property. "Investigation" means a tour or trip that you are purchasing from the Company which may result in injury whether caused by ordinary or unexplainable phenomena (as described in above in Item Definition) either during the ITEMS AND INVESTIGATION or afterward. |
| YOU ARE PLANNING ON PURCHASING AN ITEM FROM OR GOING ON AN INVESTIGATION WITH THE Company. YOU ACKNOWLEDGE THAT SUCH ITEMS AND INVESTIGATIONS ARE INHERENTLY UNSAFE. THE ITEMS AND INVESTIGATIONS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Company AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. Company DOES NOT WARRANT THAT THE ITEMS AND INVESTIGATIONS WILL BE OPERATED FREE OF DELAYS, INCONVENIENCES, FAILURE IN PERFORMANCE, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU TAKE THESE ITEMS AND INVESTIGATION AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL Company, LICENSORS, OR OTHER SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE ITEMS AND INVESTIGATIONS OR WITH ANY USE OF, ANY DELAY IN OR INABILITY TO PARTICIPATE IN THE ITEMS AND INVESTIGATIONS, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE ITEMS AND INVESTIGATIONS, OR OTHERWISE ARISING OUT OF THE USE OF OR PARTICIPATION IN THE ITEMS AND INVESTIGATIONS, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Company's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE OF, OR PARTICIPATION IN, THE ITEMS AND INVESTIGATIONS. This Agreement is governed by the laws of the State of New Jersey, U.S.A, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts in Gloucester County, New Jersey, U.S.A. in all disputes arising out of or relating to the Company or the items and investigations. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Company with respect to the items and investigations and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the items and investigations. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved to Company. |
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