General Representation and Warranty
Limitation of Liability
IN NO EVENT WILL Mandala Shambhala™, mandalashambhala.com, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (a) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (b) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (c) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; or (d) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO mandalashambhala.com UNDER THIS AGREEMENT DURING THE PERIOD PRIOR TO THE ALLEGED BREACH. Mandala Shambhala™, mandalashambhala.com SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this Website is for general information purposes only. Mandala Shambhala™, mandalashambhala.com makes no representation and assumes no responsibility for the accuracy of information contained on or available through this web site and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this web site with other sources, and review all information regarding any medical condition or treatment with your physician, . NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THIS WEB SITE. THE WEBSITE IS PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. mandalashambhala.com AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY. mandalashambhala.com NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.iv>
You agree to indemnify and hold harmless Mandala Shambhala™, mandalashambhala.com, its officers, directors, agents, employees, its subsidiaries, affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, arising out of your use of the Website or Mandala Shambhala™ , mandalashambhala.com Services, including but not limited to out of your violation of this Agreement.
This Agreement constitutes the entire agreement between Mandala Shambhala™, mandalashambhala.com and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of mandalashambhala.com, or by the posting by mandalashambhala.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Montana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Park County, Montana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Montana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; mandalashambhala.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.