Owner's Manual

beyond the control of the Seller, whether similar or dissimilar to the foregoing. Seller is not respons
ible for any damages caused to Purchaser's property resulting from the goods. This limited warrant
y applies only inside the Continental US (Alaska, Puerto Rico, Hawaii and other territories/countrie
s are not warranted). Purchaser understands and acknowledges that the goods sold here are wine
cellars, cigar humidors, and/or other similar units which house wine or cigars or other items. Purch
aser assumes all risk of using these units, including risk of spoilage, humidity variations, temperatu
re variations, leaks, fire, water damage, mold, mildew, dryness and similar and any other perils that
might occur. Seller is not responsible for incidental or consequential damages, and there are no wa
rranties, expressed or implied, which extend beyond the Limited Warranty described above. Warra
nty and liability are nontransferable. The implied warranties of merchantability and of fitness for a p
articular purpose are hereby expressly disclaimed. Some states do not allow the exclusion of incide
ntal or consequential damages, or a waiver of the implied warranties of fitness and/or merchantabil
ity, so the above limitations may not apply to you. This warranty gives you specific legal rights and y
ou may also have other rights which vary from state to state. Seller disclaims any indemnification fo
r claims of infringement of any intellectual property of protectable nature. In the event of any disput
e between Seller and Purchaser arising out of or relating to these terms and conditions or to the goo
ds sold generally, Purchaser must first file a written claim with Seller within ten days of the occurren
ce giving rise to the claim and wait an additional thirty days for a response before initiating any lega
l action. The sale and all terms are subject to California law. Any legal proceeding arising out of or r
elating to these terms and conditions or to the goods sold Purchaser shall bring, solely and exclusi
vely in the County of Los Angeles. In no event may Purchaser initiate any legal proceeding more th
an six months after the occurrence of the event giving rise to the dispute. Seller may make nonpaym
ent claims until debt is paid in full. Any dispute or claim relating in any way to these to the Terms and
Conditions, the Website, or any products or services sold or distributed by or through this Website,
store, or catalog will be resolved by binding arbitration, rather than in court, except that you may as
sert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitr
ation law apply to the Terms and Conditions. We each agree that any dispute resolution proceeding
s will be conducted only on an individual basis and not in a class, consolidated or representative ac
tion. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to
a jury trial. Both parties agree to bring suit in court to enjoin infringement or other misuse of intellec
tual property rights.
The above terms and conditions are the only ones governing this transaction and Seller makes no o
ral representations of any kind. These Terms and Conditions can only be modified in writing, signed
by both Purchaser and Seller.
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