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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.
OTHER PROVISIONS
By using GROM Product you acknowledge that the maps, location,
navigation and traffic data maybe inaccurate or outdated. You agree to
hold GROM Audio harmless from any claims caused by inaccurate maps,
location, navigation and traffic data. You further agree to use maps,
location, navigation and traffic applications when it is safe to the driver,
vehicle occupants and bypassers. GROM Audio is not responsible for any
mobile data charges resulted from using GROM Product.