DISCLAIMER

Limitations of Liability; Indemnity 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLINICS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS SITE OR THE MATERIALS PROVIDED ON THIS SITE, OR THE SERVICES OR PRODUCTS RECEIVED FROM THIS SITE. THIS INCLUDES BUT IS NOT LIMITED TO DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE ON INFORMATION CONTAINED IN THIS SITE, MISDIRECTION OR INTERCEPTION OF INFORMATION, INTENTIONAL OR UNINTENTIONAL BREACHES, AND ACCESS BY THOSE YOU PROVIDE YOUR USER ID AND PASSWORD TO. YOU AGREE THAT ONE CAR AT A TIME SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, CLIENT OR COPYRIGHT INFRINGEMENT. 

ONE CASE AT A TIME TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, OR THE INTERNET. In consideration for ONE CASE AT A TIME permitting you to use our services,  you expressly release and hold harmless ONECASEATATIME, its Spirit Photographer, officers, directors, employees, or agents, and affiliates from any claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to ONE CASE AT A TIME, whether arising from negligence or any other acts or omissions by ONE CASE AT A TIME. In addition, you will indemnify and hold harmless ONE CASE AT A TIME, its trustees, officers, directors, agents, affiliates, and Team members against all actual and direct losses, liabilities, damages, claims, costs, or expenses (including reasonable attorney’s fees) they may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these Terms and Conditions, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents. 

The provisions of this section entitled “Limitations of Liability; Indemnity” shall survive termination of this agreement. 

Applicable Laws; Arbitration; Venue 

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You agree that any dispute, controversy, or claim arising out of or related to these Terms or your use of the findings will be solely and exclusively resolved and settled through arbitration administered by the American Arbitration Association and conducted in California, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to costs and reasonable attorney’s fees arising from such arbitration.