Limitation of Liability
In all circumstances Number 9 Creative dba Nibbler Apps’ maximum liability is limited to the purchase price of the products sold. Nibbler Apps shall not, under any circumstances, be liable upon a claim or action in contract, tort, indemnity or contribution, or other claims relating to the products it sells which exceeds this liability limit. Nibbler Apps shall not be liable for third party claims for damages against the customer, or for malfunction, delays, interruption of service, loss of business, loss or damage to exemplary damages, whether or not Nibbler Apps has been made aware of the possibility of such claims or damages.
An order is not binding upon Nibbler Apps until it is accepted; Nibbler Apps must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by Paypal.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Nibbler Apps and Customer shall be governed by the laws of the State of Minnesota, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Nibbler Apps and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Minnesota, Scott County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Nibbler Apps that is more than one year after the date of the applicable invoice.
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Minnesota law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
This document was created on 08/19/2015
This document was last modified 08/19/2015