DEFINITIONS:
In this Agreement:
"FTS" shall mean the Film Threat Shop.
"Customer" shall mean anyone who orders from
this site, submits a credit card number on this site for themselves or
others, authorizes an order to be placed on their behalf, or otherwise
uses this site. Customer means you.
While this is the specific legalese for our agreement,
all of the promises, representations, limitations and conditions listed
or described throughout the site are part of any agreement between Customer
and FTS.
Venue:
This Agreement shall be governed by, and construed in
accordance with, the laws of the State of California. FTS and Customer
agree that should litigation occur, venue shall be solely in Los Angeles
County, State of California.
Arbitration and Litigation:
Any disputes under this Agreement shall be determined
by binding arbitration. If the parties cannot agree on an arbiter, each
party shall choose one arbiter, those two arbiters shall mutually choose
a third arbiter. The dispute will be resolved by that three arbiter panel
using the rules agreed upon by that three arbiter panel. The prevailing
party in any such arbitration shall be entitled to receive from the other
party the costs of such arbitration, including reasonable attorney fees.
In the event it is necessary to enforce the terms of this contract or
that arbitration, in a court of law or equity the prevailing party shall
be entitled to reimbursement of its reasonable costs and fees, including
attorney's fees, even if no case is filed, or at trial, and on appeal.
Severability:
If any provision of this Agreement shall be found invalid,
illegal or unenforceable, in whole or in part, neither the validity of
the remaining part of such provisions nor the validity of any other provision
shall be in any way affected and shall be given full force and effect.
Liability & Warranties
FTS's liability is limited to the retail price of the
item purchased. FTS is not liable for consequential or incidental damages,
even if FTS has been informed of the circumstances. FTS does not make
any warranties of merchantability, or fitness for a particular purpose,
express or implied.
FTS reserves the right to limit quantities, or to refuse
to sell items if those items have been listed with incorrect price, description,
or material information.
Waiver:
Any failure by any party to enforce any provision hereof
shall not in any way affect the subsequent right of such party to enforce
such provision or any other provision.
Permissions Customer Grants FTS:
Under these terms and conditions Customer gives FTS permission
to charge Customer's credit card for merchandise shipped or services performed
consistent with Customer's order, share Customer's information as necessary
to process Customer's order, contact Customer about Customer's order and
contact Customer to follow up with Customer after Customer's order.
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