Disclaimer

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Excerpted from our General Terms and Conditions regarding Risk and Liability:

10. Risk and Liability

10.1 You agree to indemnify, defend and hold Valley Indoor and its partners, attorneys, staff, advertisers, product and service providers, and affiliates harmless from and against any and all liability, loss, damage, claim, cost and expense, including reasonable attorney's fees, arising out of or related to: (i) your breach of these Terms and Conditions; (ii) your use of the Online Store; (iii) any action taken by Valley Indoor as part of its investigation of a suspected violation of these Terms and Conditions; and/or (iv) your violation of any third party intellectual property or other rights in relation to your use of the Online Store. Valley Indoor  reserves the right, subject to indemnification by you, to assume the exclusive defence and control of any matter initially subject to your defence, indemnification and hold harmless obligations herein, and you shall not in any event settle any matter without the prior written consent of Valley Indoor .

10.2 THE ONLINE STORE, ANY RELATED SERVICES, THE INFORMATION AVAILABLE FROM OR THROUGH THE ONLINE STORE OR US, AND (EXCEPT FOR THE LIMITED WARRANTY SET OUT IN SECTION 7) THE GOODS ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE). ALL SUCH WARRANTIES, PROMISES, REPRESENTATIONS, AND GUARANTEES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.  INFORMATION MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. VALLEY INDOOR  DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ONLINE STORE, OR ANY RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT INFORMATION AVAILABLE THROUGH ANY OF SAME WILL BE ACCURATE OR ERROR-FREE, OR THAT THE GOODS, THE ONLINE STORE AND/OR RELATED SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VALLEY INDOOR DISCLAIMS ANY LIABILITY RELATING THERETO. YOU AGREE THAT, FROM TIME TO TIME, VALLEY INDOOR  MAY TAKE DOWN OR REMOVE THE ONLINE STORE OR ANY FUNCTIONALITY THEREOF, FOR INDEFINITE PERIODS OF TIME, OR CANCEL RELATED SERVICES OR ANY OF THEM AT ANY TIME, WITHOUT NOTICE TO YOU.

10.3  VALLEY INDOOR AND ITS AFFILIATES, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES DISCLAIM ALL LIABILITY ARISING FROM ANY UNLAWFUL USE OF GOODS PURCHASED BY YOU.   

10.4 You shall be liable for any and all losses, costs, damages and expenses whatsoever which we, and our directors, officers, employees, agents or other representatives, may suffer, sustain, pay or incur by reason of any matter or thing arising out of or in any way attributable to the acts or omissions of you in relation to these Terms and Conditions and/or any Order to the extent caused by your negligence or wilful or wanton misconduct.

10.5 You agree that we, and our directors, officers, employees, agents or other representatives, will not be liable for any direct, special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from or relating to: (1) suspension, loss or interruption of the Online Store or related services; (2) your use of the Online Store or related services; (3) interruption of the Online Store or related services; (4) loss or liabilities resulting from acts or events beyond our control; (5) data non-delivery, mis-delivery, corruption, destruction or other modifications; or (6) damages or consequences arising from or related to the inappropriate or unauthorized use of the Goods, the Online Store or related services.

10.6 IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, THAT MAY RESULT FROM YOUR USE OF OR INABILITY TO USE THE GOODS, THE ONLINE STORE OR ANY RELATED SERVICES, THE LOSS OF DATA, PERFORMANCE OR NON-PERFORMANCE OF THE GOODS, THE ONLINE STORE OR RELATED SERVICES, AND/OR THE PROVISION OF OR FAILURE TO PROVIDE GOODS, THE ONLINE STORE OR RELATED SERVICES, IN ALL CASES WHETHER OR NOT VALLEY INDOOR HAS BEEN ADVISED OF THE POSSIBILITY OF SAME. 

10.7 OUR TOTAL, MAXIMUM AGGREGATE LIABILITY AND THE TOTAL, MAXIMUM AGGREGATE LIABILITY OF VALLEY INDOOR’S REPRESENTATIVES, ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE FOLLOWING: FOR THE FIRST 90 DAYS AFTER THE GOODS HAVE BEEN ORDERED, THE PRICE OF THE GOODS PAID BY YOU AND RECEIVED BY US, AND THEREAFTER FIVE DOLLARS ($5) CANADIAN.

10.8 THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THESE TERMS AND CONDITIONS, ANY ACCOUNT, OR YOUR ABILITY OR RIGHT TO USE THE ONLINE STORE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.