Terms and Conditions
I. INTRODUCTION.
Welcome to aucourant.com affiliates
of Au Courant Inc All references to aucourant.com shall be deemed to refer
to aucourant.com and/or Au Courant Inc. By accessing any areas of aucourant.com
you (Users) agree to be legally bound and to abide by the terms and conditions
set forth below:
II.
DISCLAIMERS AND LIMITATION OF LIABILITY
THIS
SITE IS PROVIDED BY AUCOURANT .COM ON AN AS IS AND AS AVAILABLE BASIS.
AUCOURANT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF
Under
no circumstances shall aucourant.com or any other party involved
in creating, producing, or distributing aucourant.com be liable for any
direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use aucourant.com, including but not limited
to reliance by a User on any information obtained from aucourant.com or
that result from mistakes, omissions,
interruptions, deletion of files or email, errors, defects, viruses, delays
in operation or transmission, or any failure of performance, whether or
not resulting from acts of God, communications
failure, theft, destruction, or unauthorized access to aucourant.com records,
programs, or services. User hereby acknowledges that this paragraph shall
apply to all content, merchandise,
and services available through aucourant.com. Because some states do not
allow the exclusion or limitation of liability for consequential or incidental
damages, in such states liability
is limited to the fullest extent permitted by law.
III.
APPLICABLE LAW
A
printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form.
IV.
RISK OF LOSS
V.
SEVERABILITY
Users expressly agrees that use of aucourant.com is at Users sole risk.
Neither aucourant.com, nor its affiliates, nor any of their officers,
directors, or employees, agents, third-party product providers,
merchants,
sponsors, licensors (collectively, Providers), or the like, warrant that
aucourant.com will be uninterrupted or error-free; nor do they make any
warranty as to the results that may be obtained from
the use of aucourant.com, or as to the accuracy, reliability, or currency
of any information content, website link, any advertising, service, or
merchandise provided through aucourant.com.
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, AUCOURANT.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUCOURANT.COM
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL
PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL OR WRITTEN ADVICE
or INFORMATION GIVEN BY AUCOURANT.COM OR ITS AFFILIATES, OR ANY
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, ADVERTISING,
OR ANY LINKED WEBSITE
OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH
INFORMATION OR ADVICE.
This site is created and controlled by aucourant.com a Delaware based
Corporation As such, the laws of the State of Delaware will govern these
disclaimers, terms and conditions, without giving effect to any
principles
of conflicts of laws. aucourant.com reserves the right to make changes
to its site and these disclaimers, terms and conditions at any time. User
hereby irrevocably and unconditionally consents to submit to the exclusive
jurisdiction and venue of the state courts of Delaware, and of the United
States of America for any litigation arising out of or relating to use
of or purchase made through
aucourant.com (and agrees not to commence any litigation relating thereto
except in such courts), waives any objection to the venue of any such
litigation in the Delaware Courts and agrees not to plead
or claim in any Delaware court that such litigation brought therein has
been brought in an inconvenient forum.
All items purchased through this Web Site are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass
to the User upon our delivery to the carrier.
The provisions of these Terms and Conditions of Use are intended to be
severable. If for any reason any provision of these Terms and Conditions
of Use shall be held invalid or unenforceable in whole or in
part in any jurisdiction, such provision shall, as to such jurisdiction,
be ineffective to the extent of such invalidity or unenforceability without
in any manner affecting the validity or enforceability thereof
in
any other jurisdiction or the remaining provisions hereof in any jurisdiction.
USER ACKNOWLEDGES that The Terms and Conditions of Use, including all
documents referenced herein, represents the
entire understanding between you and aucourant.com regarding your relationship
with aucourant.com and supercedes any prior statements or representations.
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE by using the
aucourant.com Web Site. The aforementioned Terms and Conditions of Use
are subject to change.