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A. INDEMNIFICATION OF GROM AUDIO, ITS AGENTS AND EMPLOYEES. By
Purchasing, Installing and Using the Products, You, the End- User, agree
to indemnify, defend and hold harmless, GROM AUDIO, and it s Affiliates,
Directors, Officers, Agents and Employees from any Liabilities, Damage, Loss,
Claim and Expense (including reasonable Attorney’s Fees) arising out of the
installation and use of the GROM Product.
B. EXCLUSION OF REMEDIES. TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, IN NO EVENT WILL GROM AUDIO OR ITS EMPLOYEES,
DIRECTORS, OFFICERS AND OTHER REPRESENTATIVES BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF
OR IN ANY WAY RELATING TO THIS AGREEMENT, INCLUDING YOUR USE OF
OR INABILITY TO USE THE VLINE OR ANY CLAIM MADE BY A THIRD PARTY
(INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, DATA OR
GOODWILL OR OTHER COMMERCIAL OR ECONOMIC LOSS) REGARDLESS
OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED, EVEN IF GROM
AUDIO HAS OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR CLAIM.
C. GOVERNING LAW. THIS AGREEMENT and all Purchases hereunder shall be
governed by, and construed under the laws of the State of California, without
regard to conflicts of law rules. You agree that the Courts of California shall
have exclusive jurisdiction over the Parties, for all disputes.
D. FORCE MAJEURE. GROM shall not be liable for any delay or failure in
performance caused by or resulting from acts of God, fire, flood, storms,
earthquakes, tornado, other acts of nature, any accidents, riots, wars,
government intervention, embargoes, strikes, labor difficulties, equipment
failures, or any other causes beyond the control of GROM AUDIO. Quantities
are subject to availability.
E. ENTIRE AGREEMENT. These terms and conditions constitute the entire
and exclusive agreement between you, the End-User and GROM AUDIO,
concerning the Products, and your purchase hereunder, and supersede all
statements or other agreements, whether oral or written, between you and
GROM AUDIO. No change in this Agreement shall be effective, unless agreed
to in writing by both, you, the end-user and GROM AUDIO.
GROM AUDIO COMPATIBILITY DISCLAIMER
GROM Audio strives to provide you with a high-quality product while
