YOU AGREE THAT 7400 CIRCUITS LLC (DOING BUSINESS AS FREEPLAYTECH) HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCT AND THAT THE PRODUCT IS BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. 7400 CIRCUITS DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. …YOU MUST ASSUME THE ENTIRE RISK OF USING THE PRODUCT. IN NO EVENT SHALL 7400 CIRCUITS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, PROPERTY DAMAGE, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE 7400 CIRCUITS PRODUCT, EVEN IF 7400 CIRCUITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 7400 CIRCUITS’ LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT PAID BY YOU. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW. YOU EXPRESSLY AGREE TO ASSUME ALL RISK OF ANY HARM THAT MAY ARISE FROM ANY NEGLIGENCE BY 7400 CIRCUITS IN RELATION TO THE PRODUCT.
Governing Law. These Terms shall be governed by and construed and interpreted in accordance with the laws of the State of South Dakota, without regard to its conflict of law principles. Buyer and 7400 Circuits agree that the proper venue for all actions arising in connection with these Terms shall be deemed exclusively proper only in state court in Pennington County, South Dakota, or in the federal court for the Western District of South Dakota and the parties agree to submit to such jurisdiction. Any action, regardless of form, arising out of transactions relating to these Terms or any other theory of recovery shall be brought within the applicable statutory period, but in no event later than one (1) year of the date of tender of delivery of the applicable Product except that any action by 7400 Circuits for payment hereunder may be brought within five (5) years of the date of delivery of the applicable Product. Further, the United Nations Convention on Contracts for the International Sale of Goods (1980) (as amended from time to time) shall not apply to these Terms or any transactions relating thereto.