Product ManualXG-7100
4616 West Howard Lane, Suite 900
Austin, Texas 78728
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA’s rules
are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s
rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class,
consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement
or other misuse of intellectual property rights.
7.10 Applicable Law
By using any Products/Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of
the state of Texas, without regard to principles of conflict of laws, will govern these terms and conditions of use and
any dispute of any sort that might arise between you and RCL and/or ESF. Any claim or cause of action concerning
these terms and conditions or use of the RCL and/or ESF website must be brought within one (1) year after the claim
or cause of action arises. Exclusive jurisdiction and venue for any dispute or claim arising out of or relating to the
parties’ relationship, these terms and conditions, or the RCL and/or ESF website, shall be with the arbitrator and/or
courts located in Austin, Texas. The judgment of the arbitrator may be enforced by the courts located in Austin, Texas,
or any other court having jurisdiction over you.
7.11 Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on our websites. These policies also govern your
use of Products/Services. We reserve the right to make changes to our site, policies, service terms, and these terms
and conditions of use at any time.
7.12 Miscellaneous
If any provision of these terms and conditions of use, or our terms and conditions of sale, are held to be invalid, void
or unenforceable, the invalid, void or unenforceable provision shall be modified to the minimum extent necessary in
order to render it valid or enforceable and in keeping with the intent of these terms and conditions. If such modification
is not possible, the invalid or unenforceable provision shall be severed, and the remaining terms and conditions shall
be enforced as written. Headings are for reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right
to act with respect to subsequent or similar breaches. These terms and conditions set forth the entire understanding
and agreement between us with respect to the subject matter hereof, and supersede any prior oral or written agreement
pertaining thereto, except as noted above with respect to any conflict between these terms and conditions and our
reseller agreement, if the latter is applicable to you.
7.13 Limited Warranty
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.10. Applicable Law
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