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11.FEES & REFUND POLICY
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(d) DMCA Policy
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(c)LIMITATION OF LIABILITY
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THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND yoFreeSamples.com OR BETWEEN YOU AND ANY OF yoFreeSamples.com’S ITS LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. yoFreeSamples.com’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
18.YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other yoFreeSamples.com policies, and with any applicable laws or regulations.
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(a)Requirement of Arbitration.
You agree that any dispute, of any nature whatsoever, between You and yoFreeSamples.com arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in SYRACUSE, NEW YORK unless You and yoFreeSamples.com mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of New York and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS’ fee) to the prevailing party, but not attorney’s fees.
(b)Remedies in Aid of Arbitration; Equitable Relief.
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You and yoFreeSamples.com are independent Industry Professionals, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
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You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to yoFreeSamples.com and yoFreeSamples.com’s licensors and suppliers, and would therefore entitle yoFreeSamples.com or yoFreeSamples.com’s licensors or suppliers, as the case may be, to injunctive relief.
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