Terms & Conditions
Cars Fighting Cancer shall not be liable for any delays in the delivery of orders, due in whole or in part, directly or indirectly, to fire, acts of God, strike, shortage of raw materials, supplies or components, retooling, upgrading of technology, delays of carriers, embargo, government order or directive, or any other circumstance beyond Cars Fighting Cancer’s reasonable control. Donor agrees that Cars Fighting Cancer shall not be liable for any direct, indirect, consequential or special damages which may result from any such delays.
Limitation of Liability
In no event shall CARS FIGHTING CANCER be liable for any indirect, consequential or special damages and in all cases CARS FIGHTING CANCER’S liability shall not exceed the retail value of the Gift Card or iPod. BY ACCEPTING THE GIFT CARD OR IPOD, THE DONOR AGREES THAT Cars Fighting Cancer, ITS SUBSIDIARIES, AFFILIATES, AND ALL OF THE Cars Fighting Cancer OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY DONOR FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE GIFT CARD OR IPOD; SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS. VOID WHERE PROHIBITED.
This agreement shall be governed by and construed in accordance with the internal laws (and not the laws of conflicts) of the State of New York.
Inspection and Acceptance
Donor must inspect delivered Gift Card and/or iPod and report claim for damages or shortages in writing and in accordance with the applicable policy of Visa or Apple. For further information, please see Apple.com and/or Visa.com. Failure to report any damage or shortage within the applicable time allowance, shall be deemed irrevocably accepted and such claims shall be deemed waived.
If any provision in these Terms & Conditions is found to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. All clerical errors are subject to correction, and these Terms & Conditions are subject to change, without notice, and shall become immediately effective upon adoption by Cars Fighting Cancer. The failure of Cars Fighting Cancer to enforce at any time any of the provisions of these Terms & Conditions shall not be construed to be a waiver of such provisions nor the right of Cars Fighting Cancer to enforce such provisions in the future. Any disputes arising under these Terms & Conditions shall be resolved, if not sooner settled, by a state or federal court of competent jurisdiction located in New York, New York, U.S.A., and the Donor hereby irrevocably submits to the exclusive jurisdiction of such courts.