By accessing or otherwise interacting with the Super Pacific, Inc. servers, services, websites, or any associated content/postings for the Super Pacific Book A Demo Program and/or the Book A Demo and/or the Buddy System (“Book a Demo” and/or “Book A Demo and/or the Buddy System” respectively), you agree to these Book A Demo and/or the Book A Demo and/or the Buddy System Terms of Use ("TOU") (last updated October 1, 2024). If you do not agree to the TOU, you are not authorized to use Book a Demo and/or the Book A Demo and/or the Buddy System. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use Book A Demo and/or the Book A Demo and/or the Buddy System.
USE. You agree not to collect Book A Demo and/or the Buddy System user information or interfere with the Book A Demo and/or the Buddy System. You will not use Book A Demo and/or the Buddy System user information in any illegal or unlawful manner or for any illegal or unlawful purposes. You agree we may moderate Book A Demo and/or the Buddy System access/use in our sole discretion. You agree you will use the Book A Demo and/or the Buddy System solely for the purposes of buying, selling, or demoing Super Pacific products.
DISCLAIMER & LIABILITY. To the full extent permitted by law, Super Pacific, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("Super Pacific Entities") (1) make no promises, warranties, or representations as to the Book A Demo and/or the Buddy System, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide the Book A Demo and/or the Buddy System on an "AS IS" and "AS AVAILABLE" basis and any risk of using the Book A Demo and/or the Buddy System is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with the Book A Demo and/or the Buddy System. The Super Pacific Entities are not liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to your use of the Book A Demo and/or the Buddy System. The Super Pacific Entities make no representation or warranty as to the timing of any Book A Demo and/or the Buddy System rewards, referral fees, or other benefits from the Book A Demo and/or the Buddy System.
CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related to the Book A Demo and/or the Buddy System ("Claims") will be governed by the internal laws of Oregon, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Multnomah County, Oregon (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Multnomah County, Oregon; and (2) indemnify and hold Super Pacific Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of the Book A Demo and/or the Buddy System.
MISC. This is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties.
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