Conditions For Use Of This Website: Any disputes arising out of the access, downloading, review, and/or use of this website shall be governed by and construed in accordance with the laws of the State of California. Any dispute arising out of or relating to the use or viewing of this website shall be finally settled by binding arbitration in San Mateo County, California, under the Rules of the American Arbitration Association (the "AAA"), by one arbitrator selected by Noise Toys Inc. The arbitrator shall apply California law to the merits of any dispute. The decision of the arbitrator shall be final and binding upon the parties, shall not be subject to appeal, and shall address the issues of costs of the arbitration and all matters relating to such arbitration. Judgment on the award entered by the arbitrator may be entered in any court having jurisdiction and neither party shall sue the other party except to enforce the arbitrator's decision.
Disclaimer: The posting of
any materials (the "Materials") on this website are provided to the user, free
of charge, and should not be construed as advertising or intending to advertise the
products of Noise Toys Inc. or any third party. The Materials are offered for
informational purposes only. References to any specific products, services, trademarks,
service marks, trade names, and/or other designations of origin or ownership
("Products and/or Services") do not constitute or imply any endorsement or
recommendation by Noise Toys Inc. of such Products and/or Services. In addition, the
posting of the Materials on this website should be construed as advertising or intending
to advertis the products of Noise Toys Inc. and/or any third party, outside of the State
of California, where Noise Toys Inc. resides, nor should the posting of the Materials on
this website be construed as the purposeful availment of the benefits or privilege of
doing business in any state other than the State of California.
EXCLUSION OF WARRANTIES. THE MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS. NEITHER NOISE TOYS INC. NOR ANY THIRD PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY OF THE MATERIALS CONTAINED ON THIS WEBSITE. ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ANY PARTY BE ENTITLED TO RECOVER FROM NOISE TOYS INC. OR ANY THIRD PARTY ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, EVEN IF NOISE TOYS INC. OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE FOREGOING WAIVER SERVES AS A MATERIAL INDUCEMENT FOR YOU TO REVIEW THE MATERIALS CONTAINED IN THIS WEBSITE. THE MAXIMUM AMOUNT OF NOISE TOYS INC.'S, OR ANY THIRD PARTY'S, LIABILITY PURSUANT TO MATERIALS PROVIDED FOR FREE ON THIS WEBSITE, SHALL BE THE COMPENSATION, IF ANY, PAID BY YOU, THE USER OF THIS WEBSITE, DIRECTLY TO NOISE TOYS INC. FOR ACCESS TO THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE PAID NO COMPENSATION TO NOISE TOYS INC. OR TO ANY THIRD PARTY FOR ACCESS TO OR USE OF THE MATERIALS PROVIDED ON THIS WEBSITE.