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TERMS OF USE The eCustomNetwork and eCustomKnife (collectively, "eCustomNetwork") are operated by eCustomNetwork LLC and its corporate affiliates (collectively, "us", "we" or "the Company"). By using our web site at www.eCustomKnife.com (the "Site") you (the "User") signify that you have read, understood and agreed to be bound by these Terms of Use ("Terms of Use" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. TRADE MARKS eCustomKnife, eCustomNetwork, “You design it, we engrave it. Just for you.” and other Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. GOVERNING LAW/VENUE By using the Site, you agree that the laws of the State of Oregon, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state courts of Oregon in the county of Clackamas and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Oregon. INDEMNITY You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, members, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User content or user upload through the Site, your use of the Site, or any violation of this Agreement or of any law or the rights of any third party. LIMITATION OF LIABILITY IT IS UNDERSTOOD AND AGREED THAT ECUSTOMNETWORKS’ LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER AND UNDER NO CIRCUMSTANCES SHALL ECUSTOMNETWORK BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOST REVENUES ORLOST SAVINGS. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION IN LIMITING ECUSTOMNETWORKS’ LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE AGREEMENT TO PURCHASE THE PRODUCT MAY BE BROUGHT BY PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. DISCLAIMER OF WARRANTY: WARRANTIES BY MANUFACTURERS ONLY ECUSTOMNETWORK is a retailer, not a manufacturer of the products sold on this website. As such warranties of products sold are those extended by the individual manufacturers and ECUSTOMNETWORK is not a party to that warranty. Specifically, ECUSTOMNETWORK makes no warranty of any kind whatsoever, and SPECIFICALLY DISCLAIMS AND EXCLUDES ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO THE SUITABILITY, PRODUCTIVITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTABILITY, CONDITION, OR ANY OTHER MATTER WITH RESPECT TO THE MANUFACTURERS’ PRODUCTS. PRIVACY POLICY While we do not share your user information with third parties, we may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with the law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through using the site, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies. ENTIRETY AND SEVERABILITY OF AGREEMENT These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and Company relating to your use of the Site. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
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