Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and Zippertubing, all Services, including the Site and related Materials, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Zippertubing makes no warranty that (i) the Services and Materials will meet your requirements, (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate or reliable, and (iv) the quality of any Services or Materials purchased or obtained by you from the Site will meet your expectations. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
Zippertubing warrants that any product you purchase online using the Site is free of defect in material and workmanship. Zippertubing’s only obligation with respect to the products shall be to replace such quantity of the product that you prove to be defective, and Zippertubing shall not be liable for any damages, including consequential and special damages. No other warranties, expressed or implied, are given regarding Zippertubing’s products.
In no event shall Zippertubing be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Zippertubing has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any website referenced or linked to from this Site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
The use of the Services is done at your own discretion and risk. No advice or information, whether oral or written, obtained by you from Zippertubing or through or from the Site shall create any warranty not expressly stated in these Terms.