TERMS OF SERVICE
These Terms of Service (“Terms”) apply to your access to and use of the websites, online store and other online products and services (collectively, our “Services”) provided by puresolvent, Inc. (“puresolvent” or “we,” “us” or “our”). By accessing or using any of our Services, you are entering into a binding agreement with puresolvent and agree to be bound by these Terms.
It is the responsibility of dealers and private owners to know and fully understand all federal, state, and local firearms laws in their area. Black mountain will not be held liable for any misuse of its products.
You must be at least 18 years of age and reside in the United States to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
2 LIMITATION OF LIABILITY
Black mountain AND THE OTHER Black mountain PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING RELATING TO YOUR USE OF OR INABILITY TO USE ANY PRODUCTS SOLD THROUGH THE Black mountain SITE, EVEN IF Black mountain OR THE OTHER Black mountain PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF Black mountain AND THE OTHER Black mountain PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES OR ANY PRODUCTS PURCHASED ON OUR WEBSITE REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF Black mountain OR THE OTHER Black mountain PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
3 GOVERNING LAW AND VENUE
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Arizona, without regard to conflict of law rules or principles (whether of Arizona or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Arizona and the United States, respectively, sitting in Scottsdale, AZ.