DISCLAIMER:

Seller cannot guarantee variances in color, shade, size, or construction of merchandise.  Seller hereby disclaims all express and implied warranties, including, without limitation, implied warranties of merchant-ability and fitness for particular purpose.  All such warranties are hereby disclaimed and excluded from any and all transactions between Customer and seller and shall not apply to the merchandise sold by Seller.

All prices are subject to change without notice.  All merchandise will be billed at the prices in effect at the time of ordering.  FINALE reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics.  All orders are subject to availability.

Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor, including but not limited to claims for negligent referral, agency, or respondent superior.

 

INDEMNIFICATION:

You agree to indemnify and hold FINALE (“wearfinale”) and its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

Customer acknowledges that Seller shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages including but, not limited to, damages for loss of profits, goodwill, or other intangible losses (even if Seller has been advised of the possibility of such damages), or personal injuries or death resulting from use or sale of the Seller’s merchandise.