Applicability of Terms and Conditions. These terms and conditions (these “Terms”) shall apply to your purchase of products and related services through LLMPurchasing.com (the “Site”). These Terms are subject to change at any time without prior written notice by LLM Purchasing LLC, a New York limited liability company (referred to herein as “Company,” “we,” “us,” or “our”). Please review these Terms in their entirety prior to making any purchase on the Site. Your making of a purchase on the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made. If you do not agree to these Terms, it is your choice not to make any purchases on the Site.
 

Products and Orders. While we do our best to have the Site accurately reflect product information (including pricing, availability, and product description), there may from time to time be inaccuracies and errors. We reserve the right to correct these inaccuracies and errors at any time and without prior notice and to cancel orders that were made based on inaccurate information on the Site. If we cancel an order, we will attempt to notify you using the email address associated with your order. If your method of payment is charged for a cancelled order, we will process a refund. Regardless of inaccuracies and errors, we reserve the right to, at any time and without prior notice, (a) change the pricing for a product or the description of a product, (b) limit the quantities available, and (c) discontinue the sale of a product. We reserve the right to (a) reject an order, (b) reduce the quantities for an order, and (c) refuse service to anyone for any reason. If we reject an order or reduce the quantities for an order, we will attempt to notify you using the email address associated with your order. If your method of payment is charged for a rejected order, we will process a refund. If we reduce the quantities for an order, we will process a refund for the items not provided.
 

Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.
 

Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
 

Refunds. Given the digital nature of the products sold on the Site, all purchases made on the Site are final sale and non-refundable.
 

Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://www.llmpurchasing.com/privacy-policy and https://www.llmpurchasing.com/terms-of-service. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.
 

Buyer’s Representations and Warranties. You represent and warrant to us that: (i) you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) you are buying goods or services from the Site for solely your own use, and not for resale or export.
 

Product Disclaimer. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY HEREBY DISCLAIMS, WITHOUT LIMIT, FOR ANY PRODUCTS OBTAINED THROUGH THE SITE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 

Limitation of Liability. In no event shall Company or its members, officers, directors, managers, employees, contractors, agents, affiliates, successors, or assigns have any liability to you for any direct, indirect, special, incidental, multiple, exemplary, punitive, or consequential damages, or for lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, either in contract, tort or under any other theory of liability, whether or not the possibility of such damage has been advised to you. In no event shall Company’s maximum liability hereunder exceed the amount paid by you for any purchase on the Site, whether in contract, tort or under any other theory of liability. No personal liability shall accrue hereunder against any member, manager, officer, director, representative, employee, contractor, agent, trustee, fiduciary, or principal (disclosed or undisclosed) of Company.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 

No Guarantee. Any products purchased on the Site are provided as a reference tool only. Company does not make any representations, warranties, or guarantees as to the specific results (financial or otherwise) that you will experience from implementing anything contained in a product purchased on the Site. You will be responsible for your own results and for how to implement the information in your business. You understand and agree that Company is not providing the professional services of an attorney, accountant, financial advisor, or any other kind of licensed or certified professional. Company will not be liable for any negative financial or negative business implications that may occur as a result of implementing anything contained in a product purchased on the Site. Company makes no representations that the services or products obtained through the Site will (a) help you achieve certain results, or (b) otherwise meet your needs or expectations.
 

Indemnification. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Company and its members, directors, officers, managers, employees, contractors, agents, affiliates, successors, and assigns from and against any and all costs, claims, losses, damages, liabilities, expenses, fees, demands, and judgments, including court costs and reasonable attorney’s fees, which may arise out of your violation of these Terms; your use of the Site or the products or services obtained through the Site; or your use of any information obtained from the Site.
 

Third-Party Beneficiaries; Assignment. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
 

Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
 

Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
 

Dispute Resolution. You agree to first attempt to settle in good faith any disputes arising out of these Terms through private mediation in-person in New York County, New York or virtually via remote technology, with a mutually agreed-upon, neutral mediator before initiating any litigation or other dispute resolution procedure. Any costs and fees other than attorney fees associated with the mediation will be shared equally between the parties. If the dispute is not resolved at mediation, the parties agree that the matter may be resolved in a court of law as set forth below.
 

Applicable Law. These Terms, and all matters arising out of or related to (directly or indirectly) these Terms (including tort claims), are governed by the laws of the State of New York, 3 without giving effect to its principles of conflicts of law, and any litigation arising therefrom must be handled exclusively in the federal or state courts located in New York County.
 

Attorney’s Fees. Notwithstanding any limitation of liability contained herein, if any litigation is brought by either party against the other either to enforce the rights of any party hereto or to clarify rights and obligations hereunder, the prevailing party will be entitled to recover from the other party thereto the reasonable costs and expenses, including reasonable attorneys’ fees and costs, of such proceeding.
 

No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
 

Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time via email to Layne Wolfe, Partner, info@llmpurchasing.com.
 

Entire Agreement. These Terms, together with the Site’s Terms of Use and Privacy Policy (collectively, the “Company Policies”), contain the entire agreement between you and Company with regard to the Site and any purchases made on the Site. The Company Policies supersede any prior written or oral agreements between you and Company.