| DISCLAIMERS
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND
Cottrell & Associates EXCLUDES TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE
FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE
NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT
Cottrell & Associates, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions
of Use, the Privacy Policy, or elsewhere on this website, or as
otherwise required by applicable law, neither Cottrell &
Associates nor its directors, employees, licensors, content
providers, affiliates or other representatives will be liable
for damages of any kind (including, without limitation, lost
profits, direct, indirect, compensatory, consequential,
exemplary, special, incidental, or punitive damages) arising out
of your use of, your inability to use, or the performance of
this website or the Content whether or not we have been advised
of the possibility of such damages.
Cottrell & Associates uses reasonable efforts to ensure the
accuracy, correctness and reliability of the Content, but we
make no representations or warranties as to the Content's
accuracy, correctness or reliability.
There may be links to other websites from the Cottrell &
Associates website; however, these other websites are not
controlled by Cottrell & Associates and we are not responsible
for any content contained on any such website or any loss
suffered by you in relation to your use of such websites. You
waive any and all claims against Cottrell & Associates regarding
the inclusion of links to outside websites or your use of those
websites.
Some US states and foreign countries do not permit the
exclusion or limitation of implied warranties or liability for
certain categories of damages. Therefore, some or all of the
limitations above may not apply to you to the extent they are
prohibited or superseded by state or national provisions.
GOVERNING LAWS AND VENUE
This Agreement shall be interpreted, construed and governed
by the laws of the State of Texas, USA, without reference to its
laws relating to conflicts of law and not including the
provisions of the 1980 United Nations Convention on Contracts
for the International Sale of Goods. Venue for all disputes
arising under this Agreement shall lie exclusively in the
Superior Courts of the State of Texas in Collin County or the
Federal District Courts that have the jurisdiction of Texas (as
permitted by law) and each party agrees not to contest the
personal jurisdiction of these courts. Notwithstanding the
foregoing, however, Cottrell & Associates shall have the right
to commence and prosecute any legal or equitable action or
proceeding before any non-US court of competent jurisdiction to
obtain injunctive or other relief in the event that, in the
opinion of Cottrell & Associates, such action is necessary or
desirable.
No action of Cottrell & Associates, other than an express
written waiver or amendment, may be construed as a waiver or
amendment of any of these Terms and Conditions of Use or Privacy
Policy. Should any clause of these Terms and Conditions of Use
or Privacy Policy be found unenforceable, wherever possible this
will not affect any other clause and each will remain in full
force and effect.
We reserve the right to change these Terms and Conditions of
Use, the Privacy Policy, prices, information and available
contractual license terms featured on this website without
notice. These conditions set out the entire agreement between
Cottrell & Associates and you relating to your use of this
website.
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