DISCLAMER

"By purchasing or using any materials or products (collectively “Products”) provided by Gatorack LLC, an Arizona limited liability company (“Gatorack”), you accept and agree to be bound and abide by the following terms and conditions.  If you do not want to agree to these terms and conditions, you must not purchase or use the Products.

The Products provided by Gatorack are provided “as is” and “as-available,” and without warranties of any kind, either express or implied.  To the fullest extent permitted pursuant to applicable law, Gatorack disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  Gatorack does not warrant or make any representations regarding the use or the results of the Products in terms of their correctness, accuracy, reliability, useability, or otherwise.

Under no circumstance shall Gatorack, its parents, subsidiaries, or affiliated companies, or any of their respective officers, directors, employees, agents, representatives, licensors, licensees, successors, or assigns (collectively “Gatorack Affiliates”) be liable for any damages or injuries, including any direct, special, incidental, consequential, punitive, or other damages, that may result from the use of, or the inability to use, the Products, whether in an action based on contract, tort, or otherwise, arising out of or in connection with the Products.  The Gatorack Affiliates shall not be liable even if Gatorack or a Gatorack authorized representative has been advised of the possibility of such damages or injuries.  These include but are not limited to damages or injuries caused by error, omission, interruption, defect, failure of performance, or delay in operation or transmission.  Because applicable laws may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations or exclusions may not apply to you.

You hereby agree to defend, indemnify, and hold the Gatorack Affiliates harmless from and against any and all claims, actions, or proceedings of any kind and from any and all damages, judgments, losses, liabilities, costs and expenses, including reasonable attorney’s fees and expenses (including any incurred in enforcement of this provision), relating to or arising out of your use of the Products.  Any disputes arising out of or in connection with the Products will be governed by the laws of the State of Arizona, without reference to its conflicts of law principles.  Any legal actions, suits, or proceedings arising out of or in connection with the Products will be brought exclusively in the state or federal courts of Arizona, as applicable, located in Yavapai County, and you hereby accept and submit to the personal jurisdiction of these Arizona courts with respect to any legal actions, suits, or proceedings arising out of or in connection with the Products.  You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit, or proceeding brought to enforce, defend, or interpret any rights or remedies under, or arising in connection with or relating to, the Products.  If any aforementioned provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining aforementioned provisions."