January 9, 2020
READ THESE TERMS CAREFULLY--BY USING THE SITE YOU AGREE TO THESE TERMS.
1. Age Restriction--You must be at least 18 years old to use this Site.
2. Use of the Site--By using this Site, you: (i) agree and accept without modification all notices, terms and conditions as set forth herein and (ii) represent and warrant to us that your use of this Site shall not be unlawful, immoral or prohibited by the herein terms, conditions and notices. If you do not agree and accept without modification the terms, conditions and notices set forth herein, do not use this Site. Except for any agreements between you and us for 3D printing through this Site, we will not enter into any agreement with you, nor are we obligated to you, through this Site and any attempt to create such an agreement or obligation will be ineffective.
5. Privacy--You agree to be responsible for maintaining the confidentiality of your account information, including your username and password, if any, and to be responsible for all activities that occur under your account. You agree to promptly notify us of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.
6. Changes to the Site and Content; Termination of the Site--We reserve the right to enhance and update the Site and Content or discontinue the Site at any time, with or without notice to you.
7. Disclaimer and Limitations on Our Liability--YOU USE THE SITE AT YOUR OWN RISK.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE
EXTENT PERMITTED BY APPLICABLE LAW, AWESOME POSSUM AND ITS
MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND LICENSORS
(“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND
REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF
COURSE OF DEALING, USAGE, OR TRADE.
IN PARTICULAR, AWESOME POSSUM AND ITS AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR
COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE
CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED
WITH THE SITE. AWESOME POSSUM AND ITS AFFILIATES WILL HAVE NO
LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b)
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO
OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY
INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR
THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR
SHARED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE
SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AWESOME
POSSUM OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
(INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING
OUT OF OR RELATING TO THE SITE, HOWEVER CAUSED, AND UNDER WHATEVER
CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY
CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU
OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THE TERMS, THE SITE,
OR THE CONTENT, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF
LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNT YOU
HAVE ACTUALLY PAID US, IF ANY, DURING THE 12 MONTHS PRECEDING THE
CLAIM GIVING RISE TO SUCH LIABILITY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion
of liability for incidental or consequential damages. Accordingly, some of the above limitations
and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law,
disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty
and the extent of our liability will be the minimum permitted under such law.
You understand and agree that we have set our prices and entered into this Agreement with you
in reliance upon the limitations of liability set forth in this Agreement, which allocate risk
between us and form the basis of a bargain between us.
8. Indemnification--You agree to indemnify and hold harmless Awesome Possum and its
Affiliates (defined above) from and against any and all claims, costs, proceedings, demands,
losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and
legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of
these Terms by you or anyone using your account.
9. Other Provisions--Under no circumstances will we be held liable for any delay or failure in
performance due in whole or in part to any acts of nature or other causes beyond our reasonable
control. These Terms will be governed by and construed in accordance with the laws of the State
of Minnesota, without giving effect to any conflict of laws rules or provisions. You agree that
any action of whatever nature arising from or relating to these Terms, the Site, or Content will be
filed only in the state or federal courts located in Minneapolis, Minnesota. You consent and
submit to the personal jurisdiction of such courts for the purposes of any such action. If any
provision of these Terms is found to be unlawful or unenforceable, then that provision will be
deemed severable from these Terms and will not affect the enforceability of any other
provisions. The failure by us to enforce any right or provision of these Terms will not prevent us
from enforcing such right or provision in the future. We may assign our rights and obligations
under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or
by operation of law.
10. Changes to these Terms--We may change these Terms from time to time. We will give you
notice of any changes by posting the revised Terms on the Site. Changes will go into effect upon
posting of the revised Terms. By continuing to use the Site, you agree to the revised Terms.
11. Contacting Us--Please contact us with any questions or concerns by using the Contact
PLEASE PRINT A COPY OF THESE TERMS FOR YOU RECORDS AND PLEASE CHECK
THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
Copyright © 2020 Awesome Possum 3d LLC.