Terms
and conditions
1. Introduction.
This website, www.angelfireknives.com, (the “Website”) permits users like you to purchase products, in accordance with these Terms and Conditions (the “Agreement”).
2. Legal Agreement.
(a) Please read this agreement carefully. This agreement is a legally binding agreement between you (“you” or “your”) and Angel Fire Knives ( “we” or “our” or “us”).
(b) The effective date of this agreement (the “Effective Date”) is the date you first use the website. By using the website, you agree to be bound by this agreement. If you choose to accept this agreement, you must do so as written without modification. If you do not agree to abide by the terms of this agreement, please discontinue your use of the website immediately. You agree that by using the website, such use constitutes your acceptance of this agreement and your agreement to be bound by the terms of this agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this agreement as an individual or on behalf of your employer. Angel Fire Knives and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of products from us, whether via the website, or otherwise, shall be governed by this agreement.
3. Terms and Termination.
The term of this agreement shall begin on the effective date and continue until terminated as expressly provided in this agreement (the “Term”). You may terminate this agreement at any time by delivering an email to us at the address listed in the “contact us” section of the website. Angel Fire Knives may immediately terminate this agreement as required by law or due to your breach of any provision of this agreement in Angel Fire Knives determination. Termination will become effective immediately. Upon termination, all rights granted by Angel Fire Knives to you under this agreement, including your use of the website, shall immediately terminate, and you will not be allowed to use the website or purchase products. The following sections of this agreement shall survive termination or expiration of this agreement for any reason.
4. Updates to this Agreement.
ANGEL FIRE KNIVES RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Angel Fire Knives may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.
5. Prohibited Uses.
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: to harass, intimidate, embarrass, or threaten any person, for any illegal, libelous, obscene, pornographic, or illegal purpose, or in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, Angel Fire Knive's Website, including its components or contents, in whole or part, Products, or trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “Intellectual Property”).
(d) Except as expressly stated in this Agreement, Angel Fire Knives does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Angel Fire Knives to you under this Agreement are expressly reserved to Angel Fire Knives.
6. Orders.
You must be at least 18 years old to order any knife Products. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.
7. Legal Disclaimers.
Angel Fire Knives offers no legal advice regarding laws applicable to your purchase of Products. It is your responsibility, as the buyer, and not Angel Fire Knives, as the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
8. Change and Cancellation Policy.
If you order the wrong Products, you may change your order up until the time the order is shipped. Once an order has been shipped, if you wish to change an item you must follow the guidelines in the Returns and Exchanges section below. If you would like to cancel your order you may do so up until the time the order has shipped. Once an order has been shipped you must follow the guidelines in the Returns and Exchanges section below. You can contact us about a change or cancellation at the email or telephone number listed in the “contact us” section of the Website. If you choose to send an email you must use “order change” or “order cancellation” in your email subject line to make sure the email is directed to the correct department to improve the chance that the change or cancellation can be implemented before the order ships.
9. Payment.
Credit Card Orders: We accept Visa, Mastercard, Discover, and American Express via square. We also accept Paypal. By ordering with a credit card or PayPal account, you agree that you are authorized to use such credit card or accout and, if there is a billing dispute, to handle any billing disputes directly with us.
Angel Fire Knives reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer's order.
10. Shipping - Domestic Orders.
(a) For more information concerning shipping, please visit our please visit the SHIPPING PAGE on the Website for complete information.
(b) Angel Fire Knives makes no guarantees about shipping time. We will attempt to stay within the specified time frames indicated on the Website; however, delays may result from occurrences, such as, without limitation, customer verification, declined credit cards, restricted items, legal prohibitions, product unavailability, acts of nature, and other events.
(c) Product orders with a value of $300 or more are automatically shipped as “signature required.” Product orders with a value of less than $300 are automatically shipped as “no signature required.” If you would like your order shipped with or without a “signature required,” as applicable, simply indicate this to us at checkout. If you waive the required signature on your order, you accept all responsibility pertaining to loss, theft or damage. Risk of loss and title to the Products transfers to you upon our tender of the Products to the courier.
(d) We will ship orders via FedEx, UPS, DHL, or USPS, at our discretion. If you wish to insure any of your shipments, which can be offered at your expense, please contact us at the information listed under the “contact us” section of the Website.
(e) Address Verification. In many cases, orders that are placed with a ship to address that is not authorized by the credit card issuer are subject to shipping delays, verification emails/telephone calls and/or cancellation. Additionally, orders that are shipped to an address other than the authorized billing address are subject to shipping delays and verifications. In situations where we cannot confirm the validity of an order or we suspect fraud, the order will be cancelled.
11. Shipping - International Orders.
Prior to placing an international order (defined as outside the United States of America), you must contact us at the information listed under the “contact us” section of the Website. International purchasers assume all risk of loss, theft, customs seizures, clearance, duties, levies, fees, taxes, storage charges, broker fees, and the like associated with international shipments (the foregoing collectively, “International Shipping Events”), and you agree that Angel Fire Knives shall not be held liable for any International Shipping Events.
International Customer Conditions:
For more information, please check out the WARRANTY PAGE on the Website. Knives that have been modified or converted are not covered under warranty. Except as expressly stated herein, no further warranties apply.
13. Returns and Exchanges.
(a) Product returns are accepted, as long as they are done within 20 days of delivery. You must obtain a Return Authorization before shipping your item back, or your return will not be accepted. To obtain a Return Authorization, please contact us at the information provided in the “contact us” section of the Website. You are responsible for shipping the item back to us in brand new, unused condition. There is a 5% restocking fee on non-defective items to offset lost shipping, credit card/PayPal, and labor costs. Once we receive the item, we will issue a refund. Your refund will be issued in the same form payment was received, unless other arrangements have been made with us. We do not reimburse shipping costs. If the mistake is ours, we can generally provide you with a pre-paid return shipping label if you contact us at the information provided in the “contact us” section of the Website. We strongly recommend you insure any package being returned to us. You are responsible for the cost to insure your package. We are not liable if your return is lost, destroyed, or damaged.
(b) Exchanges are welcome as long as they are done within 20 days. You must obtain a Return Authorization before shipping your item back or your exchange will not be accepted. To obtain a Return Authorization, please contact us at the information provided in the “contact us” section of the Website. There are no restocking fees for exchanges with items of equal or greater value, although shipping charges do apply. We strongly recommend you insure any package being returned to us. You are responsible for the cost to insure our package. We are not liable if your return is lost, destroyed, or damaged. If the item is being returned for a refund, it will be subject to a 5% restocking fee.
13. Representations.
By placing an order, you warrant and represent that you will use the Products in a lawful manner and that you are of legal age to purchase and use the Products.
14. Law Enforcement.
Anyone known or believed to use the Products other than for the Purpose, or to provide false information, or to attempt to defraud us in any way will be reported to the proper authorities. You understand and agree that Angel Fire Knives monitors the purchase of Products and that, in accordance with the terms of this Agreement, we may share your purchase of Products Services, including Personal Information, with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Products is for an unlawful purpose. We may also share your purchases of Products, including Personal Information, to third parties without your prior consent as required by law, a court order, a subpoena, legal process, governmental request, to investigate fraud, or as Angel Fire Knives determines is necessary or advisable to protect its interests or your safety or the safety of others.
15. Indemnification.
You shall defend, indemnify, and hold harmless Angel Fire Knives and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
16. Disclaimer of Warranties.
(A) ANGEL FIRE KNIVES DOES NOT WARRANT THAT THE WEBSITE OR ANY OF THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. Angel Fire Knives is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, Angel Fire Knives will not be held liable for the misuse of any Product purchased from us.
17. Limitations of Liability.
(a) ANGEL FIRE KNIVES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANGEL FIRE KNIVES TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ANGEL FIRE KNIVES UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Independent Parties.
Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Angel Fire Knives and you.
19. Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to any applicable conflicts or choice of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply. For any dispute arising out of or in connection with this Agreement, the parties hereto irrevocably consent to binding arbitration in Austin, Texas, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such city is inconvenient. You understand that you hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement. The prevailing party in any such arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.
20. Complete Agreement.
This Agreement and references to pages and sections on the Website, contain the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof. Without limiting our rights under Section 4 above, any other modification of this Agreement shall be effective only if in a writing signed by the parties.
21. Severability.
If any provision of this Agreement is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
22. Assignment.
You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Angel Fire Knives.
This website, www.angelfireknives.com, (the “Website”) permits users like you to purchase products, in accordance with these Terms and Conditions (the “Agreement”).
2. Legal Agreement.
(a) Please read this agreement carefully. This agreement is a legally binding agreement between you (“you” or “your”) and Angel Fire Knives ( “we” or “our” or “us”).
(b) The effective date of this agreement (the “Effective Date”) is the date you first use the website. By using the website, you agree to be bound by this agreement. If you choose to accept this agreement, you must do so as written without modification. If you do not agree to abide by the terms of this agreement, please discontinue your use of the website immediately. You agree that by using the website, such use constitutes your acceptance of this agreement and your agreement to be bound by the terms of this agreement. You warrant and represent that you are at least 18 years old and that you have the legal authority to enter into this agreement as an individual or on behalf of your employer. Angel Fire Knives and you are individually, a “party” and collectively, the “parties.”
(c) You agree that any purchase of products from us, whether via the website, or otherwise, shall be governed by this agreement.
3. Terms and Termination.
The term of this agreement shall begin on the effective date and continue until terminated as expressly provided in this agreement (the “Term”). You may terminate this agreement at any time by delivering an email to us at the address listed in the “contact us” section of the website. Angel Fire Knives may immediately terminate this agreement as required by law or due to your breach of any provision of this agreement in Angel Fire Knives determination. Termination will become effective immediately. Upon termination, all rights granted by Angel Fire Knives to you under this agreement, including your use of the website, shall immediately terminate, and you will not be allowed to use the website or purchase products. The following sections of this agreement shall survive termination or expiration of this agreement for any reason.
4. Updates to this Agreement.
ANGEL FIRE KNIVES RESERVES THE RIGHT TO AMEND THE WEBSITE AND THE TERMS OF THIS AGREEMENT IN ITS DISCRETION FROM TIME TO TIME. YOU ARE RESPONSIBLE FOR MONITORING THE WEBSITE FOR CHANGES TO THIS AGREEMENT. Angel Fire Knives may, but is not obligated to, offer upgrades, updates, and improvements to the Website, and to add or discontinue any Products at any time.
5. Prohibited Uses.
(a) You may only use the Website and purchase Products for legal purposes (the “Purpose”).
(b) You shall not use the Website or Products: to harass, intimidate, embarrass, or threaten any person, for any illegal, libelous, obscene, pornographic, or illegal purpose, or in a manner that violates any laws, rules, or regulations.
(c) You shall not copy, modify, creative derivate works of, or reverse engineer, in whole in or part, Angel Fire Knive's Website, including its components or contents, in whole or part, Products, or trademarks, service marks, trade dress, patents, patents pending, copyrights, and other intellectual property, including, without limitation, photographic images (the foregoing in (a) – (c) collectively, the “Intellectual Property”).
(d) Except as expressly stated in this Agreement, Angel Fire Knives does not grant you any license or ownership rights, including in the Intellectual Property, and all rights not expressly granted by Angel Fire Knives to you under this Agreement are expressly reserved to Angel Fire Knives.
6. Orders.
You must be at least 18 years old to order any knife Products. You shall be responsible to check all applicable federal, state, and local laws concerning the purchase, ownership, use, and possession of any Products sold to you on the Website.
7. Legal Disclaimers.
Angel Fire Knives offers no legal advice regarding laws applicable to your purchase of Products. It is your responsibility, as the buyer, and not Angel Fire Knives, as the seller, to ascertain and obey all applicable international, federal, state, and local laws regarding your purchase and use of Products.
8. Change and Cancellation Policy.
If you order the wrong Products, you may change your order up until the time the order is shipped. Once an order has been shipped, if you wish to change an item you must follow the guidelines in the Returns and Exchanges section below. If you would like to cancel your order you may do so up until the time the order has shipped. Once an order has been shipped you must follow the guidelines in the Returns and Exchanges section below. You can contact us about a change or cancellation at the email or telephone number listed in the “contact us” section of the Website. If you choose to send an email you must use “order change” or “order cancellation” in your email subject line to make sure the email is directed to the correct department to improve the chance that the change or cancellation can be implemented before the order ships.
9. Payment.
Credit Card Orders: We accept Visa, Mastercard, Discover, and American Express via square. We also accept Paypal. By ordering with a credit card or PayPal account, you agree that you are authorized to use such credit card or accout and, if there is a billing dispute, to handle any billing disputes directly with us.
Angel Fire Knives reserves the right to request identification for any purchases of any kind. No customer shall be obligated to provide identification, however failure to provide requested information may result in the cancellation of the customer's order.
10. Shipping - Domestic Orders.
(a) For more information concerning shipping, please visit our please visit the SHIPPING PAGE on the Website for complete information.
(b) Angel Fire Knives makes no guarantees about shipping time. We will attempt to stay within the specified time frames indicated on the Website; however, delays may result from occurrences, such as, without limitation, customer verification, declined credit cards, restricted items, legal prohibitions, product unavailability, acts of nature, and other events.
(c) Product orders with a value of $300 or more are automatically shipped as “signature required.” Product orders with a value of less than $300 are automatically shipped as “no signature required.” If you would like your order shipped with or without a “signature required,” as applicable, simply indicate this to us at checkout. If you waive the required signature on your order, you accept all responsibility pertaining to loss, theft or damage. Risk of loss and title to the Products transfers to you upon our tender of the Products to the courier.
(d) We will ship orders via FedEx, UPS, DHL, or USPS, at our discretion. If you wish to insure any of your shipments, which can be offered at your expense, please contact us at the information listed under the “contact us” section of the Website.
(e) Address Verification. In many cases, orders that are placed with a ship to address that is not authorized by the credit card issuer are subject to shipping delays, verification emails/telephone calls and/or cancellation. Additionally, orders that are shipped to an address other than the authorized billing address are subject to shipping delays and verifications. In situations where we cannot confirm the validity of an order or we suspect fraud, the order will be cancelled.
11. Shipping - International Orders.
Prior to placing an international order (defined as outside the United States of America), you must contact us at the information listed under the “contact us” section of the Website. International purchasers assume all risk of loss, theft, customs seizures, clearance, duties, levies, fees, taxes, storage charges, broker fees, and the like associated with international shipments (the foregoing collectively, “International Shipping Events”), and you agree that Angel Fire Knives shall not be held liable for any International Shipping Events.
International Customer Conditions:
- Customer must pay all shipping fees.
- Customer must pay any and all taxes, duties, etc.
- If items get lost, stolen, or seized by customs, we are not accountable, and cannot give a refund.
- Customer must understand their own carry laws in their country and have proper permits where applicable.
- Customer must pay all shipping fees for returns & exchanges, as well as warranty work.
- Please note that we do not falsify customs documents. We will list exact items and exact values, in accordance with national and federal laws. If you believe that your items will be seized at customs when labeled appropriately, we urge you to carefully consider this.
For more information, please check out the WARRANTY PAGE on the Website. Knives that have been modified or converted are not covered under warranty. Except as expressly stated herein, no further warranties apply.
13. Returns and Exchanges.
(a) Product returns are accepted, as long as they are done within 20 days of delivery. You must obtain a Return Authorization before shipping your item back, or your return will not be accepted. To obtain a Return Authorization, please contact us at the information provided in the “contact us” section of the Website. You are responsible for shipping the item back to us in brand new, unused condition. There is a 5% restocking fee on non-defective items to offset lost shipping, credit card/PayPal, and labor costs. Once we receive the item, we will issue a refund. Your refund will be issued in the same form payment was received, unless other arrangements have been made with us. We do not reimburse shipping costs. If the mistake is ours, we can generally provide you with a pre-paid return shipping label if you contact us at the information provided in the “contact us” section of the Website. We strongly recommend you insure any package being returned to us. You are responsible for the cost to insure your package. We are not liable if your return is lost, destroyed, or damaged.
(b) Exchanges are welcome as long as they are done within 20 days. You must obtain a Return Authorization before shipping your item back or your exchange will not be accepted. To obtain a Return Authorization, please contact us at the information provided in the “contact us” section of the Website. There are no restocking fees for exchanges with items of equal or greater value, although shipping charges do apply. We strongly recommend you insure any package being returned to us. You are responsible for the cost to insure our package. We are not liable if your return is lost, destroyed, or damaged. If the item is being returned for a refund, it will be subject to a 5% restocking fee.
13. Representations.
By placing an order, you warrant and represent that you will use the Products in a lawful manner and that you are of legal age to purchase and use the Products.
14. Law Enforcement.
Anyone known or believed to use the Products other than for the Purpose, or to provide false information, or to attempt to defraud us in any way will be reported to the proper authorities. You understand and agree that Angel Fire Knives monitors the purchase of Products and that, in accordance with the terms of this Agreement, we may share your purchase of Products Services, including Personal Information, with law enforcement agencies and officials in response to inquiries or if we have reason to believe that your use of the Products is for an unlawful purpose. We may also share your purchases of Products, including Personal Information, to third parties without your prior consent as required by law, a court order, a subpoena, legal process, governmental request, to investigate fraud, or as Angel Fire Knives determines is necessary or advisable to protect its interests or your safety or the safety of others.
15. Indemnification.
You shall defend, indemnify, and hold harmless Angel Fire Knives and its affiliates, and their employees, managers, members, officers, shareholders, directors, agents, representatives, contractors, insurers, attorneys, successors, and assigns from and against all claims, demands, judgments, losses, liabilities, damages, costs, fees, expenses, including, without limitation, attorneys’ fees, expert witness fees, and court costs, arising out of your (a) unauthorized use of the Website, Products, or Intellectual Property, or (b) any other breach of this Agreement.
16. Disclaimer of Warranties.
(A) ANGEL FIRE KNIVES DOES NOT WARRANT THAT THE WEBSITE OR ANY OF THE PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE PRODUCTS WILL PROVIDE SECURITY OR PROTECTION AGAINST HARM, INJURY, DISMEMBERMENT, OR DEATH, OR THAT THE CONTENT OF THE WEBSITE OR METHOD OF DELIVERY WILL BE FREE OF ERROR (INCLUDING FACTS, STATEMENTS, SERVICE LEVELS, DOWNLOAD SPEED, WEBSITE DOWNTIME, OUTAGES, WI-FI, HOTSPOT, OR INTERNET CONNECTIVITY OR SECURITY), OR THAT DEFECTS THEREIN WILL BE CORRECTED. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(b) Without limiting the generality of the foregoing in this Section, Website mistakes (such as, without limitation, pricing errors, Product misinformation, and stock discrepancies) are inevitable. Angel Fire Knives is not required to honor pricing errors. At our discretion, we may cancel any order where we determine there has been a pricing error. If we have provided Product misinformation for your order, you have the right to return your purchased Product without penalty (subject to the return policy stated herein). If there is a stock discrepancy, you have the right to retain your order until it can be filled or to cancel your order without penalty.
(c) Without limiting the generality of the foregoing, Angel Fire Knives will not be held liable for the misuse of any Product purchased from us.
17. Limitations of Liability.
(a) ANGEL FIRE KNIVES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOST PROFITS, LOSS OF BUSINESS, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF A PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANGEL FIRE KNIVES TOTAL LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM UNDER THIS AGREEMENT, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ANGEL FIRE KNIVES UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL BE IN EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
18. Independent Parties.
Nothing in this Agreement shall create an employer-employee, partner, joint venturer or agent relationship between Angel Fire Knives and you.
19. Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to any applicable conflicts or choice of law provisions. Neither the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) nor the Uniform Computer Information Transactions Act (“UCITA”) shall apply. For any dispute arising out of or in connection with this Agreement, the parties hereto irrevocably consent to binding arbitration in Austin, Texas, under the Commercial Rules of the American Arbitration Association, and the parties hereby waive any objection that arbitration in such city is inconvenient. You understand that you hereby agree to waive any right you may have to a trial by jury. You hereby agree to waive any right you may have to participate in any class, collective, group, or representative action or proceeding arising out of or in connection with this Agreement. The prevailing party in any such arbitration action shall be entitled to collect from the non-prevailing party, in addition to any award, all reasonable costs, fees, and expenses, including, without limitation, attorneys’ fees and court costs.
20. Complete Agreement.
This Agreement and references to pages and sections on the Website, contain the entire agreement of the parties and supersedes any and all other agreements, whether oral or in writing, between the parties concerning the subject matter hereof. Without limiting our rights under Section 4 above, any other modification of this Agreement shall be effective only if in a writing signed by the parties.
21. Severability.
If any provision of this Agreement is held by a court or tribunal of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
22. Assignment.
You may not assign or sublicense any part of the Agreement, in whole or in part, without the prior written consent of Angel Fire Knives.
