INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A NEMECHEK TECHNOLOGIES PARTY OR ITS
REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF
ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM
EXTENT
PERMITTED BY APPLICABLE LAW, THE NEMECHEK TECHNOLOGIES PARTIES’ TOTAL LIABILITY IN
CONNECTION WITH THE PRODUCT OR THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT YOU
ACTUALLY PAID NEMECHEK TECHNOLOGIES FOR THE PRODUCT.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusion may not apply to you.
Governing Law; Specific Legal Rights:
This Limited Warranty shall be governed by the laws of the State
of Kansas regardless whether choice-of-law rules point to the law of another jurisdiction. This Limited
Warranty gives you specific legal rights, and you may also have other rights that vary by state to state.
Arbitration:
Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost-
effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated
through an established alternative dispute resolution provider mutually agreed upon by the parties.
The alternative dispute resolution provider and the parties must comply with the following rules: a) the
arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the
specific manner of which shall be chosen by the party initiating the arbitration; b) the arbitration shall
not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by
the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court
of competent jurisdiction.
If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal
jurisdiction of the state and federal courts located within Johnson County Kansas for the purpose of
addressing all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or
disputes. Notwithstanding the foregoing, Nemechek Technologies may seek injunctive or other
equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Miscellaneous:
No Nemechek Technologies reseller, agent, or employee is authorized to make any
modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or
unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
