Product, Safety and Other Technical Information
While VISHALSAFE uses commercially reasonable efforts to provide accurate information, the industry of which VISHALSAFE is a part and the laws and regulations applicable to that industry do change. Therefore, information contained on the Sites may not be current, accurate or complete. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. VISHALSAFE cannot ensure or guarantee and does not warrant that your product selection will be accurate, meet your (or, if applicable, your customer’s) particular needs or requirements or that the recommendations, regulations or other information provided by VISHALSAFE experts or other Site users is complete, accurate or current. Please read and follow all instructions contained in product manuals. Each claim or statement made by VISHALSAFE about the effectiveness of VISHALSAFE products and/or comparing the effectiveness of VISHALSAFE products to that of others and all use of the Sites is expressly limited to the United States unless otherwise stated on the Sites. If a product offered by VISHALSAFE purchased through the Sites is not as described, your sole remedy is to return it in its original, unused form and receive either a replacement of the product you purchased, a refund of the price you actually paid or other remedy provided pursuant to the manufacturer’s warranty. Please address all product complaints as provided in the manufacturer’s warranty and other materials provided on purchase. Do not make product complaints through the Sites. Product description and pricing is subject to correction and change. VISHALSAFE may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed. VISHALSAFE’s obligations, if any, with respect to its products and services are governed solely by the specific agreement through which they were provided. Sales made through the Sites, if any, are governed by VISHALSAFE’s Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.
Disclaimers And Limitations Of Liability
VISHALSAFE disclaims all representations or warranties about the accuracy or completeness of the sites or licensed content.
You expressly understand and agree that:
1. Your use of the sites and any particular feature is at your sole risk. The sites are provided on an “as is” and “as available” basis. VISHALSAFE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, warranties arising from course of dealing or course of performance, freedom from malicious code, non-infringement and noninterference with your use of all or any part of the sites.
2. VISHALSAFE makes no warranty (i) that the sites will meet your requirements, (ii) that access to the sites will be uninterrupted or timely, that they are secure, or that licensed content is accurate or error-free, (iii) that products will be available, accurately depicted or priced, (iv) that the results obtained from use of the sites will be accurate or reliable, (v) that the quality of any products, the sites, information, or other material purchased or obtained by you through the sites will meet your (or your customer’s) expectations, or (vi) that products will be properly delivered in proper amounts. Any material downloaded or otherwise obtained through the use of the sites is done at your own discretion and risk and that you will be solely responsible for any resulting damage.
4. VISHALSAFE is not liable for any product warranties not expressly set forth on the sites or provided with the product packaging.
You expressly understand and agree that VISHALSAFE shall not be liable for any damages whether 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 (even if VISHALSAFE has been advised of the possibility of such damages), whether arising out of or in connection with the use or the inability to use, accuracy of the information, products and materials shown or available from the sites or any other matter relating to your access to or use of the sites. In any case, VISHALSAFE’s sole liability, and that of its licensors, suppliers and business partners, is limited to five dollars ($5. 00). Your legal rights with respect to these disclaimers and waivers may vary from jurisdiction to jurisdiction. Without intending to limit the foregoing, you must bring any claims you may have against VISHALSAFE within six (6) months of the date the claim arose or be forever barred. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.