TERMS OF SERVICE
BY ACCESSING OR USING HONEYCOMBWAXCO.COM, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE HONEYCOMBWAXCO.COM. HONEYCOMB WAX COMPANY. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF HONEYCOMBWAX.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. ALL HONEYCOMB WAX COMPANY, PRODUCTS ARE FOR PROFESSIONAL USE ONLY BY EXPERIENCED LICENSED ESTHETICIANS. HONEYCOMB WAX COMPANY IS NOT RESPONSIBLE FOR ANY BURNS, ACCIDENTS, OR INJURY WHATSOEVER.
PRIVACY
Please review our Privacy Policy, which also governs your visit to the website, so that you may understand our privacy practices.
COPYRIGHTS AND TRADEMARK
Worldwide copyright laws and treaty provisions protect all materials appearing anywhere on this Internet website. None of the materials may be copied, reproduced, modified, or distributed in any form or by any means without a prior written permission. All material appearing on this Internet website are copyright © 2019 Honeycomb Wax Company and its respective licensors. Any unauthorized use of the materials appearing on this Internet website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
LIMITED LICENSE
This website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this website.
OUR PRODUCTS
All products we may provide to you, are for buyer’s use only. You may not sell or resell any of the products thereof you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
INFORMATIONAL AND COSMETIC PURPOSES ONLY
The information provided at this website is presented for the purpose of selling cosmetic products for use by licensed professional estheticians/cosmetologists. Nothing contained in this website is intended to be instructional for medical diagnosis or treatment. The information should not be considered complete, nor should it be relied on to suggest a course of therapy or treatment for a particular individual. The information provided may not apply to everyone, since each individual is different. Under no circumstances should any information provided on this website be used in place of a visit, call, consultation or the advice of your esthetician, physician, and qualified health care providers. If you have a condition that needs medical attention, always consult your doctor for specific medical advice, diagnoses, and treatment. For instance, excessive hair can be a symptom of a more serious condition. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read this website.
WARNING AND GENERAL PRECAUTIONS
Depilatory hair removal methods are generally not for sensitive skin. Some depilatories can increase acne and cause skin irritation or chemical burns if the formula is too strong. The United States Food and Drug Administration’s (FDA) Office of Cosmetics and Colors has received reports of burns, blisters, stinging, itchy rashes, scarring, and skin peeling associated with depilatories and other types of cosmetic hair removal products. If you use this type of product, always: use it under the supervision of a licensed professional; do a patch test in accordance with the directions for allergic reaction and irritation; do not use it on broken or irritated skin; keep the product away from eyes; and, seek medical attention immediately if you have any allergic or adverse reaction. You should not use waxing products if you: currently take Accutane, Retin-A, Renova or have stopped taking it less than a year ago; Glycolic Acid; have Lupus or Aids, Diabetes, skin conditions such as Eczema or Psoriasis, Rosacea, Acne; recently received Botox or collagen injections; are in cancer therapy getting chemotherapy or radiation; have varicose veins; have been in direct sunlight for a long period of time or tanning bed within the last 72 hours. You should not wax irritated, inflamed, cut, abraded or sunburned skin; anywhere that has pimples, cold sores, moles or warts; and/or, the inside of ears and nose, eyelashes, nipples and male genitals. Waxes, herbal and/or botanical preparations may have chemical and biological activity. They may have side effects. They may interact with certain medications. These interactions can cause problems and can even be dangerous. Before using a wax, herb, or a botanical preparation, consult a doctor or other health care provider, especially if you have a disease or medical condition, take any medications, are pregnant or nursing, or are planning to have an operation.
GENERAL DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL ITS RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HONEYCOMB WAX COMPANY. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HONEYCOMB WAX COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HONEYCOMB WAX COMPANY, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH HONEYCOMBWAX.COM WEBSITE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HONEYCOMB WAX COMPANY., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT; ANY ACTIVITY RELATED TO YOUR USE OF HONEYCOMBWAXCO.COM WEBSITE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT); OR YOUR USE OF ANY PRODUCT OR SERVICE PROVIDED BY HONEY COMB WAX COMPANY LLC. BY TRACED TO YOU OR ANY OTHER PERSON ACCESSING MISSCIRE.COM USING YOUR SERVICE ACCOUNT.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT HONEY COMB WAX COMPANY LLC., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF HONEYCOMBWAXCO.COM. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST HONEY COMB WAX COMPANY LLC., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF HONEYCOMB WAX COMPANY LLC.) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF HONEYCOMBWAXCO.COM OR ANY OF THE PRODUCTS OR SERVICES OFFERED THEREON. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF HONEYCOMB WAX COMPANY LLC., ITS PAST, PRESENT, AND FUTURE ATTORNEYS, EMPLOYEES, AND REPRESENTATIVES, AFFILIATES, SHAREHOLDERS, PARENTS, SUBSIDIARIES, SURETIES, INSURERS, OFFICERS, DIRECTORS, AGENTS, AND ANY OTHER ENTITY OR PERSON BEARING A LEGAL RELATIONSHIP AS A PREDECESSOR OR SUCCESSOR INTEREST AND ANYONE CLAIMING UNDER RIGHTS DERIVED FROM ANY OF THEM, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL HONEYCOMBWAXCO.COM BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF HONEYCOMBWAXCO.COM ARE HEREBY EXCLUDED EVEN IF HONEY COMB WAX COMPANY LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INCOMPLETE INFORMATION, ERRORS AND OMISSIONS
This website may not include all the facts about a topic, or may contain data that is out of date. HONEYCOMB WAX COMPANY LLC does not warrant or assume any legal liability or responsibility, expressed or implied, as to the accuracy, reliability or completeness of furnished data, or usefulness of any information, apparatus, product, or process disclosed. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, HONEYCOMB WAX COMPANY LLC. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. HONEYCOMB WAX COMPANY. is not responsible for typographical errors, product changes, updates, and new information that is released that has not yet been added to this site. Information on this website is subject to change without prior notice.
COLORS
HONEYCOMB WAX COMPANY LLC. has made every reasonable effort to display as accurately as possible the colors and images of the products that appear on this Internet website. However, the actual colors and images that you see depend on a number of factors, including the monitor that you use and the settings on the monitor. HONEYCOMB WAX COMPANY LLC. cannot and DOES NOT guarantee that the display of any color or image will be accurate.
EXTERNAL SITES AND LINKS
In an attempt to provide increased value to our visitors, this Internet website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with HONEY COMB WAX COMPANY LLC, HONEYCOMB WAX COMPANY LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HONEY COMB WAX COMPANY LLC. HONEY COMB WAX COMPANY LLC. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that HONEY COMB WAX COMPANY LLC. sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
WAIVER
No waiver by any party hereto of any breach by the other party of any term, covenant or condition of this Agreement shall be deemed a waiver of any other breach (whether prior to or subsequent) of the same or any other term, covenant or condition of this or any other agreement.
BINDING EFFECT
This Agreement, and all rights and obligations hereunder, shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, licensees and permitted assigns.
PARAGRAPH HEADINGS
Paragraph headings used herein are for convenience only, and shall not be deemed to be part of this Agreement.
NO PARTNERSHIP
Nothing herein contained shall constitute a partnership between, or joint venture by, the parties hereto, or constitute either party an agent of the other, the relationship. Neither party shall hold itself out contrary to the terms of this paragraph and neither party shall become liable by any representation, act or omission of the other contrary to the provisions hereof.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Honeycomb Wax Company (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://honeycombwaxco.com/policies/privacy-policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
1. User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
2. User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Honeycomb Wax Company and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of professional waxing equipment and supplies. Messages may include checkout reminders.
4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@honeycombwaxco.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Cottonwood, Arizona before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Honeycomb Wax Company’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
ENTIRE AGREEMENT
This Agreement represents the entire agreement between the parties hereto and supersedes all prior representations, negotiations, promises, understandings or agreements, whether electronic, oral or written, between the parties with respect to the subject matter hereof.
AMENDMENTS
No amendment or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and made by the party to be charged therewith.
REMEDIES CUMULATIVE
Except as may be expressly provided to the contrary herein, the parties’ various rights and remedies hereunder shall be cumulative and the exercise or enforcement of any one or more of them shall not preclude the enforcing party from exercising or enforcing any of the others or any right or remedy provided for by law.
SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
GOVERNING LAW
This Agreement is entered into and shall be deemed wholly performed in cottonwood, Arizona and shall in all respects be governed by and construed in accordance exclusively with the laws of the State of Arizona applicable to contracts made and to be entirely performed therein without regard to principles of conflicts of law. The parties specifically agree that the state or federal courts in Yavapai County, Arizona, shall have jurisdiction and exclusive venue in respect of any and all disputes in connection herewith.