|Terms Of Service
Last Updated: May 03, 2019
Welcome, and thank you for your interest in pmtsales.com("pmtsales", "we", or "us") and our website at www.pmtsales.com along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and pmtsales regarding your use of the Service.
Please read the following terms carefully.
Arbitration Notice. except for certain kinds of disputes described in section 18, you agree that disputes arising under these terms will be resolved by binding, individual arbitration, and by accepting these terms, you and pmtsales are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract (except for matters that may be taken to small claims court).
Except as provided for in these terms, the service, products, and all materials and content available through the service are provided "as is" and on an "as available" basis. to the extent permitted by law, pmtsales disclaims all warranties of any kind, whether express or implied, relating to the service, products, and all materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. pmtsales does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and pmtsales does not warrant that any of those issues will be corrected.
No advice or information, whether oral or written, obtained by you from the service or pmtsales entities or any materials or content available through the service will create any warranty regarding any of the pmtsales entities, products, or the service that is not expressly stated in these terms. we are not responsible for any damage that may result from the service, products, and your dealing with any other service user. you understand and agree that you use any portion of the service and products at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. pmtsales does not disclaim any warranty or other right that pmtsales is prohibited from disclaiming under applicable law.
To the fullest extent permitted by law, in no event will the pmtsales entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any pmtsales entity has been informed of the possibility of damage.
Except as provided in section 19.4 and to the fullest extent permitted by law, the aggregate liability of the pmtsales entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service, products, or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to pmtsales for products or access to and use of the service in the 1 month prior to the event or circumstance giving rise to claim; or (b) $100.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. this allocation is an essential element of the basis of the bargain between the parties. each of these provisions is severable and independent of all other provisions of these terms. the limitations in this section 17 will apply even if any limited remedy fails of its essential purpose.
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