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(a) We and any affiliated party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Site or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Site or any features thereof, (iii) your use of the Site, (iv) the content contained on the Site, or (v) any delay or failure in performance beyond our control.
(b) THE AGGREGATE LIABILITY OF US AND OUR AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM OR LIABILITY ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, CONTENT, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
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You agree with Stella Rising that this Agreement shall be considered a contract governed by Connecticut law and that by accessing, viewing and/or using the Site you are entering into a legally binding agreement with Stella Rising. Any disputes regarding this Agreement shall be heard by the state and federal courts located in Connecticut, USA, and each party consents to the exclusive jurisdiction of such courts. The content found on this Site is controlled and published on this Site by Stella Rising. from its offices in Westport, Connecticut, U.S.A. Stella Rising makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
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