Terms
Amulyte, Inc. (the "Company") will use reasonable commercial efforts to deliver the products as described. You understand that the products are under development, and numerous technical, financial, and practical obstacles may interfere with their delivery to you and with their functioning thereafter. Accordingly, the Company does not promise that the products will be delivered to you on time or at all, or that they will function in accordance with their promotional descriptions. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR ANY OTHER SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. YOU ASSUME ALL RISK AS TO THE DELIVERY AND PERFORMANCE OF THE PRODUCTS. NEITHER THE COMPANY NOR ITS DISTRIBUTORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR EVEN IF FORESEEABLE, OR (II) AMOUNTS IN THE AGGREGATE IN EXCESS OF TEN DOLLARS (US$10.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SO PARTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing disclaimers and limitation on liability shall not apply to bodily injury. Regardless of whether the products are delivered or performed, you agree you will not seek a refund or other compensation, by action against the Company, or by reversal or chargeback of your payment, or by any other means whatsoever. In the event that any part of this provision shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this provision shall otherwise remain in full force and effect.