Sarah Titus, LLC. remains the sole and exclusive owner and holder of the copyright of the product.
Purchasers agree that neither Sarah Titus or Sarah Titus, LLC. shall be liable for any damages resulting from the use of any of the products provided. Sarah Titus and Sarah Titus, LLC. shall not be liable for any claims related to, or resulting from, your use of the products, which may or may not have been modified by you, or combined with other content.
Sarah Titus, LLC. sells products 'as is' without warranty or guarantee of any kind, either express or implied.
Purchaser agrees to indemnify and hold harmless Sarah Titus, LLC., its owners, affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, purchaser’s action(s) under this agreement or misuse of a product.
Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the purchaser’s participation under this agreement, unless expressly stated otherwise by Sarah Titus, LLC., in writing.
Limitation of liability
Purchaser agrees that Sarah Titus, LLC.'s liability for any reason shall be no more than the total purchase price plus sales tax of the product purchased.
If a dispute is not resolved first by good-faith negotiation between the parties to this agreement, every controversy or dispute to this agreement will be submitted to binding arbitration. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Boise, Idaho.
The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the province of the State of Idaho, regardless of the conflict of laws principles thereof.
Entire Agreement; Amendment; Headings
This agreement constitutes the entire agreement between the parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this agreement. No amendment of, or any consent with respect to, any provision of this agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of sections in this agreement are provided for convenience only and shall not affect its construction or interpretation.
Should any provision of this agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Sarah Titus, LLC. to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.