LIMITATION OF LIABILITY
You agree that under no circumstances shall the Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising from or related to these Terms of Service or the transactions contemplated (whether due to breach of contract, negligence, or other form of action), and this is regardless of whether the Company has been advised of the possibility of such damages. In no event will the Company’s liability exceed the price you paid to the Company for the specific products/services provided, which gave rise to the claim or cause of action. If you have made no purchase, the Company’s cumulative liability shall not exceed $100.
The Site and Service may include links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site. You accept sole responsibility for and assume all risk associated with your use of any such websites or resources.
You shall indemnify and hold us harmless from any losses, damages, settlements, liabilities, costs, charges, assessments, expenses, as well as third-party claims and causes of action, including attorneys’ fees, arising from your breach of any of these Terms of Service or your use of the Site or Service. You shall provide us with any assistance, at no cost, as we may request in connection with any such defense, including providing information, documents, records, and reasonable access to you as deemed necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
These Terms of Service constitute the entire agreement between you and the Company regarding the Site and Service, superseding all prior and contemporaneous agreements, representations, and understandings between the parties. No waiver of any provision of these Terms of Service by the Company shall be considered, or shall constitute, a waiver of any other provision, whether similar or dissimilar, nor shall any waiver be considered a continuing waiver. No waiver shall be binding unless it is executed in writing by the Company.
GOVERNING LAW; VENUE; MEDIATION
These Terms of Service shall be governed by the laws of the State of Baja California Sur, Mexico. Any disputes arising from these Terms of Service must be exclusively handled in the federal and state courts located in the County of Los Cabos, B.C.S. We agree to attempt to resolve any dispute, claim, or controversy arising from these Terms of Service through mediation, conducted under the current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other agreed-upon procedure. Both parties agree that good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
In the event of any legal action, arbitration, or other proceeding to enforce these Terms of Service or related to a dispute, breach, default, or misrepresentation concerning these Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in such action or proceeding, in addition to any other relief they may be entitled to. If no purchase has been made by you, the Company’s cumulative liability to you shall not exceed $100.
If any term, provision, covenant, or condition of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the remaining portions of these Terms of Service shall remain in full force and effect and shall not be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. However, these Terms of Service are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense attempted by you is invalid.
Please note that this rephrased text is for reference and understanding purposes only. It does not replace the original document, and for any legal or official use, the original document should be consulted. If you have any specific questions or need further assistance with this text or any other matter, please feel free to ask.