Terms Of Service

1. User’s Acknowledgment and Acceptance of Terms
Jennifer Clift (“Us” or “We”) provides the jennyclift.com website and various related services (collectively, the “website”) to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this website, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THIS WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.

These Terms of Use are effective as of 08/14/2015. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this website and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include affiliated companies, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this website and/or its contents.

By accepting the Terms of the Agreement, the User:
(a) represents and warrants that s/he is of at least 18 years of age
(b) agrees to provide accurate, current and complete information about User as prompted by the Account Registration Form; and
(c) agrees to maintain and update this information to keep it accurate, current and complete.
If any information provided by User is inaccurate, not current or incomplete, Jennifer Clift has the right to terminate User's account.

2. Description of Services

Jennifer Clift makes various services available on this website including, but not limited to, providing information to individuals interested in the subject of EFT, meditation, writing, music etc in the form of online ebooks, print books, audios and videos. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

Jennifer Clift reserves the sole right to either modify or discontinue the website, including any of the website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

3. Registration Data and Privacy

In order to access the services on this website, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required.

Furthermore:

a. In order to access the resources on this website, you will be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the resources on this website. Accordingly, you are responsible for all activities that occur under your account.

c. Accessing (or attempting to access) any of the resources on this website by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the resources on this website through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our resources, including the servers and/or networks to which our resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our resources is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. You agree to indemnify and hold harmless Jennifer Clift and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the website may be available to you or other authorized users of the website. You shall not interfere with anyone else’s use and enjoyment of the website or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

4. Third Party Websites and Information

This website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.

5. Intellectual Property Information

Copyright (c) 12/05/2015 jennyclift.com All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on this website.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Jennifer Clift and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this website will not infringe the rights of third parties. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

6. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.

We respect the intellectual property of others, and we ask you to do the same. It is Jennifer Clift’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law, and to terminate the accounts of repeat infringers.

If you or any user of this website believes its copyright, trademark or other property rights have been infringed by a posting on this website, or any other website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon, or other information sufficient to specify the copyrighted work being infringed.

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing website or other content (email address is preferred).

5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

7. Sign the paper.

8. Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Jennifer Clift
Email: jenny@jennyclift.com

7. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE, FROM US, OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS, OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS WEBSITE COULD INCLUDE TECHNICAL, OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this website, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

8. Limitation of Liability

IN NO EVENT SHALL JENNIFER CLIFT OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JENNIFER CLIFT AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(2) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(B) ANY CHANGES WHICH JENNIFER CLIFT MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);

(C) YOUR FAILURE TO PROVIDE JENNIFER CLIFT WITH ACCURATE ACCOUNT INFORMATION;

(D) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON JENNIFER CLIFT’S LIABILITY TO YOU IN THE ABOVE PARAGRAPH SHALL APPLY WHETHER OR NOT JENNIFER CLIFT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

9. Indemnification

Upon a request by JENNIFER CLIFT, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

10. Medical disclaimer

This website is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. Through this website and linkages to other websites, Jennifer Clift provides general information for educational purposes only. The information provided in this website, or through linkages to other websites, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call consultation or the advice of your physician or other healthcare provider. Jennifer Clift is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this website.

IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CALL 911 OR YOUR PHYSICIAN.

If you believe you have any other health problem, or if you have any questions regarding your health or a medical condition, you should promptly consult your physician or other healthcare provider. Never disregard medical or professional advice, or delay seeking it, because of something you read on this website or a linked website. Never rely on information on this website in place of seeking professional medical advice. You should also ask your physician or other healthcare provider to assist you in interpreting any information in this website or in the linked websites, or in applying the information to your individual case.

Information, and medical information changes constantly. Therefore the information on this website or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this website or any linked websites is solely at your own risk.

11. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

12. International Use

Although this site may be accessible worldwide, we make no representation that materials on this website are appropriate or available for use in locations outside Spain, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this website is void where prohibited.

15. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the website with or without notice and for reasons, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

15.1 Jennifer Clift may terminate User Account without any prior notice if User has materially breached or is otherwise not in compliance with any provision of the Agreement, and such breach or noncompliance is not cured within such thirty (30) day period. Jennifer Clift reserves the right to immediately suspend or terminate any User, and/or restrict User's access to the Service until any breach or noncompliance is cured.

TERMINATION FOR ILLEGAL OR OTHER ACTIVITY: Jennifer Clift may, but has no duty to, immediately terminate User Account and remove it from the Service servers if in its sole discretion, Jennifer Clift concludes that User is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of Jennifer Clift or others. Any termination under this Section shall take effect immediately, and User expressly agrees that it shall not have any opportunity to cure.

WAIVER: Member expressly waives any statutory or other legal protection in conflict with the provisions of this Section 15.1.

DELETION OF INFORMATION: Upon termination, Jennifer Clift reserves the right to delete from its servers any and all information contained in User's account including, but not limited to, order processing information, mailing lists, and any data generated by the Service software.

16. Governing Law

This website (excluding any linked websites) is controlled by Jennifer Clift. By accessing this website, you agree that the laws of the country in which the owner of jennyclift.com resides, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, exclusively govern all matters relating to the use of this website, its content, and the purchase of any services through this website. You agree to bring all legal claims relating to its function, content, services, or any other aspect of the website and its operation exclusively in Spanish courts. You hereby agree to subject to the personal jurisdiction by such courts, and waive any objections to such jurisdiction, venue, or forum non conveniens.

17. Notices

All notices to a party shall be in writing and shall be made via email. Notices to us must be sent to the attention of Customer Service at jenny@jennyclift.com. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, notices or messages may be broadcasted through the website to inform you of changes to the website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

18. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

19. Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against Jennifer Clift shall be limited to the amount you paid, provided: you wish to cancel your ability to read your purchased ebook on jennyclift.com within 14 days of its purchase and you have not registered your User Account after being charged for use of ebook services.


Jennifer Clift will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the resources on this website, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

20. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against Jennifer Clift or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

You agree not to sell, resell, reproduce, duplicate, copy or use for any purposes any portion of this website, or use of or access to this website.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of services available through this website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You agree that Jennifer Clift may provide you with notices, including those regarding changes to the Agreement, by email, or posting on this website.

You agree that if Jennifer Clift does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Jennifer Clift has the benefit of under any applicable law), this will not be taken to be a formal waiver of Jennifer Clift rights and that those rights or remedies will still be available to Jennifer Clift.

The Agreement, and your relationship with Jennifer Clift under the Terms, shall be governed by the laws of Spain without regard to its conflict of laws provisions. You and Jennifer Clift to submit to the exclusive jurisdiction of the courts located within the county of Madrid, Spain to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that Jennifer Clift shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

21. Contact Information

Except as explicitly noted on this website, the services available through this website are offered by Jennifer Clift. If you notice that any user is violating these Terms of Use, please contact us at jenny@jennyclift.com.

If you have any questions regarding the Agreement, please contact us at any time: jenny@jennyclift.com
Subject: Jennifer Clift Agreement

According to the Spanish Law 34/2002 of July 11th:

The owner of the website is Jennifer Clift.

NIE: (Spanish National Identification number) X-0617585N

Postal Address:
Jennifer Clift
Calle Minas, 15 3A
28004 Madrid
Spain


Terms and Conditions of Sale

1. Sale and Purchase of Services

Jennifer Clift (“Seller”) hereby agrees to sell, and You (“Buyer”) hereby agree to purchase, services of the description and quantity described on the checkout window (“Checkout”) and incorporated herein by this reference (“Services”) on the terms and conditions set forth in this Agreement.

2. Purchase Price

Buyer agrees to pay the Purchase Price of the Services as posted on this website attached hereto.

3. Payment Terms

All payments for Services on this site are made via PayPal payment services.

4. Limited Warranty

Seller offers warranty within the Spanish Consumer Sales Act law: Buyer is entitled to payment refund within 14 days of purchase, provided Buyer has not registered User Account.

5. Disclaimer of Warranty/Limitation of Liability

Seller undertakes no responsibility for the quality of the Services or that the Services will be fit for any particular purpose for which Buyer may be buying the Services, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

SELLER (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SELLER AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE SERVICES OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF SELLER OR ANY OF THE SELLER AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

IN NO EVENT SHALL SELLER OR ANY SELLER AFFILIATE BE LIABLE TO BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE SERVICES ACTUALLY PROVIDED TO AND PAID FOR BY BUYER HEREUNDER.

SELLER DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE SERVICES AND NONE OF SELLER OR ANY SELLER AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS BUYER FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE SERVICES.

6. Force Majeure

Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the services in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the services or the manufacturing facility for the Services, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Services. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

7. General

Buyer may not assign this Agreement without Seller’s written consent. Seller is the sole intended beneficiary of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to the Services, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of Sweden, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the courts of Sweden and hereby waives any objection to such jurisdiction and venue.

8. Children

Collecting personal information from children under the age of 18 (“minor children”) through the Services or the Website is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the website, and we ask that they do not submit any personal information to us.

9. Acceptance and Acknowledgment of Terms

Use of this website constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of Ours, including the Website Terms of Use that may govern your conduct. Thank you for participating in the Website. Please do not hesitate to contact us at jenny@jennyclift.com if you have questions.