The Company makes no representations or warranties with regard to the Website or any materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, the Company makes no warranty or representation regarding the operation of our service to You or Our Website, including that the Website and/or service will be uninterrupted or error-free. The Company any will not be liable for the consequences of any interruptions or errors on the Website. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, information, or other content provided in connection with our service to You or the product or You order or as otherwise available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any such opinion, advice, information or other content.
Limitation of Liability, Release, Hold HarmlessYou agree to release and hold the Company and its employees, contractors, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers or sources of information or data and legal advisers (the "Company's Affiliates") harmless from any and all losses, damages, rights, claims, and actions of any kind whatsoever arising from or related to the Products, including but not limited to: (i) telephone, electronic, hardware or software, network, Internet, email, or computer malfunctions, failures, faults, defects or difficulties of any kind; (ii) failed, incomplete, garbled or delayed transmissions via computer, telephone, mobile phone or otherwise transmitted; (iii) any condition caused by events beyond the control of the Company that may result in the Product being delayed, disrupted, incomplete, or corrupted; (iv) any injuries, losses or damages of any kind whatsoever arising in connection with or as a result of utilizing Our services; or (v) any printing or typographical errors in any materials associated with our services. In addition, You agree to defend, indemnify, and hold the Company and Company's Affiliates harmless from any claim, suit or demand, including attorney's fees, made by You or a third party due to or arising out of Your utilizing Our services, Your violation or breach of these Terms and Conditions, Your violation of any rights of a third party, or any other act or omission by You.
Mandatory Arbitration(1) Any controversy, dispute or claim arising out of or relating to Your Order from the Company shall be determined by mandatory binding arbitration between the Company and You, with three arbitrators, to be administered by the American Arbitration Association in accordance with the rules of the American Arbitration Association. The said arbitration shall be conducted in English and shall be confidential in order to provide protection for Your privacy and for the Company’s confidential information, and for the rights, property and matters set forth in these Terms and Conditions. Accordingly, except as may be required by law, neither You nor the Company or any other party to the arbitration, nor Your or Our or their representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. You and the Company specifically agree that the proper place for any such arbitration is Wilmington, Delaware. You and the Company hereby agree that any party herein shall have the right to seek any emergency and/or interim relief, including injunctive relief, under American Arbitration Association rules. In any arbitration under these Terms and Conditions, You agree to accept service of process by mail at the address You use in Your Order (or at any different address of which You have notified the Company in writing). In any action in which service of process is made pursuant to this paragraph You and the Company each waive any challenge to the personal jurisdiction of the American Arbitration Association in Wilmington, Delaware. Any judgment on any award rendered by the arbitrators may be entered in any court or tribunal having jurisdiction thereof.
(2) There shall be no right or authority under these Terms and Conditions for any dispute, controversy or claims to be arbitrated on a class action basis, and You and the Company hereby specifically give up and waive any right to bring any claim under these Terms and Conditions as a member of a class on a class or group action basis in any tribunal. It is Your and the Company’s intention under these Terms and Conditions that any and all actions on disputes, controversies and/or claims hereunder are to be only between You and the Company in our personal capacities and not as members of any class, group or representative proceeding.