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Essay: Terms and Conditions of www.lystant.com: No Warranties, Risks of Transaction

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  • Subject area(s): Sample essays
  • Reading time: 5 minutes
  • Price: Free download
  • Published: 1 April 2019*
  • Last Modified: 23 July 2024
  • File format: Text
  • Words: 1,337 (approx)
  • Number of pages: 6 (approx)

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This page of the essay has 1,337 words.



The www.lystant.com website is provided on an "as is" basis. We therefore make no representations that it will satisfy your expectations or meet your requirements. We make no warranties or representations of any type, direct or otherwise, regarding the operation of the site or the information, services, content, or materials, displayed on or made available through the website.

We expressly disclaim all warranties, express or implied to the full extent allowable by relevant law. Www.lystant.com shall bear no liability for any loss, hurt or damage (whether direct, secondary, associated, punitive, or comprehensive) in connection with any user's use of this site.

To the full extent permitted by law, www.lystant.com does not represent or give any warranties about the soundness, correctness, accuracy, dependability, quality, stability, comprehensiveness or up to date nature of any information that is provided on or through the website.

Www.lystant.com does not in any way represent or warrant that the manufacture, export, importation, offer, distribution, purchase, display, sale and/or use of services or products offered through or displayed on the website is not in violation of any third party rights; and www.lystant.com makes no representations or gives any guarantees concerning any service or product offered through or displayed on the website.

We do not in any way represent any user, whether the seller or the lystant in any transaction. Www.lystant.com does not in any way control and is not under any circumstances liable to or answerable for the quality, security, legitimacy or accessibility of the products being offered for sale on the Website or the sellers' ability to complete a sale or the lystants' ability to complete a purchase. You should also be aware that there may be risks of dealing with individuals acting under false pretenses.

While we use several techniques and measures to authenticate the accuracy of the information provided us by our users, we cannot and do not fully confirm each User's purported identity. You must therefore take practical steps to by yourself use various means, including common sense, to assess with whom you are dealing.

You acknowledge that you fully assume the risks of conducting any sale and purchase transactions through the use of our Services, as well as fully assume the risks of harm or liability of all kinds that you may incur in connection with subsequent activities relating to products that are the subject of transactions using the Website. Such risks shall include without limitation fraudulent schemes, unsatisfactory quality, unlawful products, misrepresentation of products and services, defective or dangerous products, failure to meet specifications, default or delay in delivery or payment, breach of warranty, breach of contract, cost miscalculations, and transportation accidents.

You understand that such risks may also include the risks that the manufacture, export, offer, importation, display, purchase, distribution, sale and/or use of services or products offered or displayed on the Website may violate or may be claimed to violate Third Party Rights, and the risk that you may incur costs of defense as well as other costs related to third parties' declaration of Third Party Rights, or as it relates to any claims by any party claiming that they are entitled to indemnification or defense in relation to assertions of rights, claims or demands by Third Party Rights claimants.

You understand that such risks may also include risks that purchasers, end-users of products or others asserting to have incurred harms or injuries relating to products originally obtained by Users of the Website as a result of sale and purchase transactions as it relates to using the Website may suffer harms and/or make claims emerging from their use of such products.

Each User agrees that Www.lystant.com shall not be responsible or liable for any claims, damages, costs, liabilities, inconveniences, harms, expenditures or business disruptions of any type that may occur as a result of or as it relates with any transaction risks.

You are solely and fully responsible for all of the terms and provisions of the transactions conducted on, as a result of or through the use of the Website or Services, including but not limited to terms regarding payment, warranties, returns, shipping, fees, insurance, taxes, licenses, title, fines, handling, permits, transportation and storage.

Should you have any dispute with a third party to a transaction, You hereby agree to indemnify and hold Www.lystant.com, our associates, officers, directors and employees harmless and guiltless from all and any losses, claims, and liabilities which may arise from your use of the Website or Services or from your breach of any of these terms and provisions. You further agree to indemnify and hold Www.lystant.com, our associates, officers, directors and employees harmless, from all and any losses, damages, liabilities/ claims, (including legal costs on a full indemnity basis) arising out of or in connection with such a transaction.

You hereby further agree to indemnify and hold Www.lystant.com, our associates, directors, employees and officers guiltless and harmless, from all and any losses, claims, damages, liabilities (which shall include legal costs on a full indemnity basis) which may arise, whether directly or indirectly, because of any claims asserted by any Third Party Rights claimant or other third parties concerning products offered or displayed on the Website. You hereby further agree that Www.lystant.com is not liable and shall bear no responsibility towards you, for any material posted by other users, including libelous, illicit or offensive materials and that the risk of any such damages from such material rests entirely with you.

We shall not be held liable for any direct, indirect, special, disciplinary, consequential or incidental damages or any hurts whatsoever including without limitation damages for loss of profits, loss of savings, loss of information and business interruption, whether in negligence, contract, equity, tort or otherwise or any other hurts or damages resulting from the use or the inability to use the Website or Services; any fault or flaw in goods, data, samples, services or information obtained or purchased from a User or any other third party through the Website; and/or the violation of Third Party Rights, demands or claims that your manufacture, export, importation, distribution, display, offer, purchase, sale and/or use of services or products offered through or displayed on the Website may violate or may be claimed to violate Third Party Rights; or claims by a third party that they are entitled to indemnification or defense in relation to assertions of demands, rights or claims by Third Party Rights claimants.

Notwithstanding any of the preceding provisions, the aggregate liability of Www.lystant.com, our associates, employees, representatives, agents, or anyone acting on our behalf regarding each User for all claims arising from the use of the Website or Services shall be limited to the greater of the amount of fees paid by the user to Www.lystant.com or our associates during that calendar year and the maximum amount allowed by the applicable law. The foregoing sentence shall not disqualify the requirement by you to prove actual damages. You understand and accept that all claims arising from your use of the Website or Services must be filed within 12 months from the date of the cause of action.

You understand and accept that these limitations and exclusions of liability shall be applicable to the maximum extent as is permitted by law and shall remain applicable whether or not Www.lystant.com has been notified of or should have known of the possibility of any such losses arising.

Nothing included in these terms is planned or set forth to exclude or limit any legal responsibility by us for death or injury arising from our carelessness, deception, or any liability which may not be exempted or restricted by law, or that is deliberately aimed at affecting your statutory rights as a consumer.

Should certain applicable law not allow the limitation of liability set forth above, this limitation of liability will not be applicable to you.

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