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Introduction

These Terms of Service (“Terms”) govern all use of the website accessible at

https://www.limitsexpressamazon-com.preview-domain.com/ (the “Site”), which is owned and operated by Limits Express Company, a Massachusetts limited liability company, doing business as Limits Express Company and its subsidiaries,

representatives, affiliates, officers and directors (collectively, “EA”), and all related services

provided by EA (“Services”). For purposes of these Terms, the words “you” and your” refer to

each individual accessing and using the Site, and “EA” may sometimes be referred to herein as

“us,” “our,” or “we.”

PLEASE READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL

AGREEMENT BETWEEN YOU AND EA. ANY PARTICIPATION IN THE SITE WILL

CONSTITUTE ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO ABIDE

BY THE TERMS, PLEASE DO NOT USE THIS SITE.

By accessing or using the Site, you confirm your agreement to be bound by these Terms. If you

do not agree to these Terms, you may not access or use the Site. EA may immediately terminate

these Terms with respect to you, or generally cease offering or deny access to the Site or any

portion thereof, at any time for any reason.

Modifications

 

We may revise these Terms at any time without notice to you. Amendments will be effective

upon the posting of such updated terms on EA’s website. Your continued access or use of the

Site after such posting confirms your consent to be bound by the Terms, as amended. The most

current version of these Terms will be available on the Site and will supersede all previous

versions of the Terms.

 

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the

Site or any Service, content, feature, or product offered through the Site, with or without notice

and/or offer opportunities to some or all users of the Site, for any reason.  You agree that we

shall not be liable to you or to any third party for any modification, suspension or discontinuance

of the Site, or any Service, content, feature or product offered through the Site.

 

Privacy

 

By accessing and using the Site, you are also agreeing to our privacy policy (“Privacy Policy”).

The Privacy Policy governs how EA collects and uses your personal information in connection

with the Site. The Privacy Policy is located at https://www.Limitsexpresscompany.com/privacy-policy.

 

Access and Use of Site

 

By using this Site, you represent and warrant that you are eighteen (18) years of age or older, or

if you are under the age of eighteen (18) you are at least the age of thirteen (13) and are

accessing the Site with the knowledge and consent of your parent or legal guardian, who will

also be deemed to have agreed to these Terms. Certain features on this Site and certain product

offerings may be subject to heightened age and/or other eligibility requirements.

Proprietary Rights

All text, graphics, button icons, images, videos, and audio clips (collectively, “Content”) that

appear on the Site belong exclusively to EA or its affiliates. The collection, arrangement, and

assembly of all Content on this Site (the “Compilation”) belongs exclusively to EA or its

affiliates. The Content and the Compilation are all protected from unauthorized use, copying and

dissemination by copyright, trademark, publicity and other laws and by international

treaties. Unless expressly permitted in writing by us, you shall not capture, reproduce, perform,

transfer, sell, license, modify, create derivative works from or based upon, republish, reverse

engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole

or in part any of the Content or the Compilation.

Subject to the conditions of these Terms, we hereby grant you a limited, revocable, non-

transferable and non-exclusive license to access and use the Site and to display the Site on your

Internet browser for the sole purpose of shopping for the Service sold on the Site and not for any

other commercial use or use on behalf of any third party. Any breach of these Terms shall result

in the immediate revocation of the license granted in this paragraph without notice to you.

The Site and all rights therein are and shall remain EA’s property. Neither these Terms nor your

use of the Site shall convey or grant to you any rights: (i) in or related to the Site except for the

limited license granted above; or (ii) to use or reference in any manner EA’s company names,

logos, and Service names, trademarks or services marks.

Disclaimer of Warranties

THE SITE AND ANY SERVICES ADVERTISED ON THE SITE ARE PROVIDED “AS IS”

AND “AS AVAILABLE.”; EA DISCLAIMS ALL REPRESENTATIONS AND

WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN

THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION,

EA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE

RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE

SERVICE OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SITE, OR

THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. EA DOES NOT

GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY

PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF

THE SITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED

UNDER APPLICABLE LAW.3NOTHING CONTAINED ON THIS SITE SHALL BE INTERPRETED AS LEGAL,

PROFESSIONAL, FINANCIAL, OR OTHER ADVICE TO YOU.

Limitation of Liability

NO PARTY HEREUNDER (INCLUDING, WITHOUT LIMITATION, EA) WILL BE LIABLE

TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR

EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY

BUSINESS INTERRUPTION OR LOSS OF USE, GOODWILL, DATA, PROFIT OR

BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS (HOWEVER

ARISING, INCLUDING NEGLIGENCE, CONTRACT, STATUTORY OR OTHERWISE),

EVEN IF THE PARTIES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS,

WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED, THE

AMOUNT ACTUALLY PAID BY YOU TO EA DURING THE 90 DAYS IMMEDIATELY

PRECEDING THE ACTION GIVING RISE TO SUCH CLAIM; AND EA’S TOTAL

CUMULATIVE LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT,

WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE, WILL NOT EXCEED,

THE AMOUNT ACTUALLY PAID BY YOU TO EA DURING THE 90 DAYS

IMMEDIATELY PRECEDING THE ACTION GIVING RISE TO SUCH CLAIM.

 

Indemnification

You agree to indemnify and hold EA and its affiliates and their respective officers, directors,

employees, and agents harmless from any and all claims, demands, losses, liabilities, and

expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Site

or services obtained through your use of the Site; (ii) your breach or violation of any of these

Terms; or (iii) your violation of the rights of any third party.

Class Action Waiver – PLEASE READ THIS SECTION CAREFULLY – MAY AFFECT

YOUR LEGAL RIGHTS

EA and you agree that EA and you will resolve any disputes, claims or controversies on an

individual basis, and that any claims brought under these Terms in connection with the Site will

be brought in an individual capacity, and not on behalf of, or as part of, any purported class,

consolidated, or representative proceeding. EA and you further agree that EA and you shall not

participate in any consolidated, class, or representative proceeding (existing or future) brought by

any third party arising under these Terms or in connection with the Site.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void

or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes,

claims or controversies will not be subject to arbitration and must be litigated in federal court

located in Worcester County, MA

Dispute Resolution

 

By using the Site, you agree that all disputes, claims, or causes of action arising from or related

to your use of the Site will be resolved through binding arbitration in Worcester County,

Massachusetts in accordance with the rules of the American Arbitration Association. ARBITRATION

OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL

CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED

CLASS OR REPRESENTATIVE PROCEEDING.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions

shall be deleted without affecting the remaining provisions herein.

Assignment

EA is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms

without any notification. However, you are not allowed to assign, transfer, or subcontract any of

your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between EA and you in relation to your use of the

Site and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Massachusetts,

without giving effect to any conflict of law principles. However, the choice of law provision

regarding the interpretation of these Terms is not intended to create any other substantive right to

non-Massachusetts residents to assert claims under Massachusetts law whether that are by statute, common

law, or otherwise. These provisions are only intended to specify the use of Massachusetts law to

interpret these Terms and the forum for disputes asserting a breach of these Terms, and these

provisions shall not be interpreted as generally extending Massachusetts law to you if you do not

otherwise reside in Massachusetts.

Notice

EA may give notice by means of a general notice on the Site, electronic mail, telephone or text

message to any phone number provided by you, or by written communication sent by first class

mail or pre-paid postage to any address provide by you. Such notice shall be deemed to have

been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or

pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to

EA, with such notice deemed given when received by EA, at any time by first class mail or pre-

paid post to our legal counsel at Limits Express Company d/b/a Limits Express Company,

2 Brooke Haven Dr Rutland, MA 01543