Warranties.
FUKUVI/VICTORY BEAR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER IS SOLEY RESPONSIBLE FOR DETERMINING THE MANNER AND PURPOSES FOR WHICH THE VICTORY BEAR PRODUCTS ARE UTILIZED AND WHETHER THE PRODUCTS ARE APPROPRIATE FOR SUCH PURPOSE/END USE. FUKUVI/VICTORY BEAR ALSO EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. THE SALE OF PRODUCTS BY FUKUVI/VICTORY BEAR DOES NOT IMPLY ABSENCE OF INTELLECTUAL PROPERTY RIGHTS OR CONSTITUTE A LICENSE OF ANY INTELLECTUAL PROPERTY RIGHTS, NOR IS INFORMATION SUPPLIED BY FUKUVI/VICTORY BEAR INTENDED OR IMPLIED AS A RECOMMENDATION FOR THE USE OF PRODUCTS. Buyer acknowledges that no employee of Fukuvi/Victory Bear is authorized to orally modify the warranties or disclaimers set forth in these Terms.
Limitation of Remedies.
Buyer’s exclusive remedy with respect to any claim related to the Victory Bear products, whether in contract, in tort, under warranty, or otherwise, will be limited solely, at Fukuvi/Victory Bear’s option, to either the refund of the purchase price or replacement of all products at issue. THE REMEDY PROVIDED FOR IN THIS SECTION CONSTITUTES THE SOLE RECOURSE OF BUYER AGAINST FUKUVI/VICTORY BEAR FOR BREACH OF ANY OBLIGATIONS. BUYER MUST INITIATE LEGAL ACTION WITHIN ONE (1) YEAR AFTER THE DATE OF WHICH ANY CLAIM AROSE OR THE CLAIM WILL BE BARRED NOTWITHSTANDING ANY STATUTORY PERIOD OF LIMITATION.
Indemnification.
To the fullest extent not prohibited by law, Buyer will indemnify, defend, and hold harmless Fukuvi/Victory Bear, its affiliates, and each of their respective shareholders, directors, managers, officers, employees, independent contractors, agents, and representatives from and against all losses, claims, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to Buyer’s: (A) breach of these Terms, and/or (B) violation of applicable law.
Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL FUKUVI/VICTORY BEAR BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, LIQUIDATED, OR CONSEQUENTIAL DAMAGES, NOR WILL FUKUVI/VICTORY BEAR’S LIABILITY FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH THE MANUFACTURE, SALE, DELIVERY, OR USE OF THE PRODUCTS, OR OTHERWISE, EXCEED THE AMOUNT PAID FOR THE PRODUCTS GIVING RISE TO THE CLAIM. MULTIPLE CLAIMS WILL NOT INCREASE THE FOREGOING CAP. THE REMEDIES AND LIMITATIONS SET FORTH IN THESE SECTIONS WILL APPLY TO ALL CLAIMS AND DAMAGES, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUCH CLAIMS AND/OR DAMAGES WERE FORESEEABLE.