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Laundries For Sale Terms of Use
Western State Design (WSD) provides a service (the “Service”) that allows you to post information about your laundry facility for sale and/or to find a laundry for sale on the “Laundries For Sale” pages (the “LFS Pages”) of the WSD Website subject to the following Terms of Use ("TOU"). By using the Service, you are agreeing to comply with the TOU. You understand that all postings, text, images, or other materials ("Content") posted on the LFS Pages are the sole responsibility of the person posting such Content. You understand that WSD does not control, and is not responsible for Content made available on the LFS Pages. WSD makes no representation or warranty as to the accuracy, completeness or authenticity of the information posted on the LFS Pages. Under no circumstances will WSD be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the LFS Pages. You acknowledge that WSD does not pre-screen or approve Content, but that WSD shall have the right (but not the obligation) in its sole discretion to delete or move any Content that is available via the LFS Pages for any reason.
Your interactions with organizations and/or individuals found on or through the LFS Pages, including purchase or sale of laundry facilities, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with a transaction with any of these third parties.
You agree that WSD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between you and a third party regarding a posting on the LFS Pages, you understand and agree that WSD is under no obligation to become involved. In the event that you have a dispute with one or more other parties, you hereby release WSD, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and /or the LFS Pages.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE LFS PAGES AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE LFS PAGES AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, WSD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE LFS PAGES AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WSD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE LFS PAGES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE LFS PAGES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WSD BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WSD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE LFS PAGES OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE LFS PAGES OR THE SERVICE, FROM INABILITY TO USE THE LFS PAGES OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE LFS PAGES OR THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify and hold WSD, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU or your violation of any rights of another person.
GENERAL INFORMATION
The TOU constitute the entire agreement between you and WSD and governs your use of the LFS Pages, superseding any prior agreements between you and WSD. The TOU and the relationship between you and WSD shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and WSD agree to submit to the personal and exclusive jurisdiction of the State and federal courts located within the county of Alameda, California. The failure of WSD to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree that we can change these TOU at our discretion and you agree that you will be bound by the most current version of the TOU on this web page.
