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Release of Liability Agreement

Effective Date: January 1, 2019

This Release of Liability Agreement (“Agreement”) applies to all users of the following websites and services:

This includes, but is not limited to, vendors, customers, affiliates, and visitors (collectively referred to as “User” or “you”). By accessing or using any of these platforms (collectively, the “Platforms”), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

1. Acknowledgment and Assumption of Risk

By using the Platforms, you understand and agree that:

  • You are engaging in transactions and interactions at your own risk.

  • The Platforms serve as a marketplace facilitating connections between independent vendors and buyers. The Company does not manufacture, inspect, or guarantee the quality, legality, or safety of any products or services listed.

  • You assume full responsibility for any damages, loss, injury, or claims resulting from your use of the Platforms, including reliance on any content, products, or services obtained through them.

2. General Release and Waiver

To the fullest extent permitted by law, you hereby release, waive, and discharge The Annalee Project, The Annalee Business, their officers, directors, employees, contractors, licensors, affiliates, successors, and assigns (collectively, the “Company”) from any and all claims, demands, losses, damages, rights, actions, or causes of action of any kind or nature, arising out of or related to:

  • Your use of, or inability to use, the Platforms;

  • Transactions or interactions between you and other users (including vendors or customers);

  • Any content, product, or service obtained through the Platforms;

  • Any actual or alleged breach of any law or third-party rights;

  • Any dispute with another party related to the Platforms.

This release includes all claims, whether known or unknown, suspected or unsuspected, arising from your use of the Platforms.

3. California Civil Code § 1542 Waiver (For California Residents)

You expressly waive the provisions of Section 1542 of the California Civil Code, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release and that, if known by them, would have materially affected their settlement with the debtor or released party.”

4. Indemnification

You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your access to or use of the Platforms;

  • Your violation of any law, regulation, or third-party right;

  • Your breach of any agreement or policy with the Company.

5. Limitation of Liability

To the fullest extent permitted by law, in no event shall the Company be liable to you for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, goodwill, or other intangible losses), even if the Company has been advised of the possibility of such damages, resulting from:

  • Your access to or use of, or inability to access or use, the Platforms;

  • Any conduct or content of any third party on the Platforms;

  • Any content obtained through the Platforms.

6. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration in Sacramento, California, under the rules of the American Arbitration Association.

7. Severability

If any provision of this Agreement is held to be unlawful, void, or unenforceable, such provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of the remaining provisions.

8. Entire Agreement

This Agreement constitutes the entire understanding between you and The Annalee Project and/or The Annalee Business with respect to the subject matter herein and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.

By using any of the Platforms, you acknowledge that you have read, understood, and voluntarily accept this Release of Liability Agreement in its entirety.