This disclaimer (the “Disclaimer”) applies to all users of SEMA’s [Getting Back to Work, Safely PPE product listing] (the “Portal”). SEMA may modify this Disclaimer without notice to users by posting revised terms and conditions on its website. Use of the Portal following any modification of this Disclaimer shall constitute users’ binding acceptance of and agreement to be bound by those modified terms.
Any and all selling, purchasing, reliance on personal protective equipment information for sale or purchase, or use of personal protection equipment purchased and sold on the Portal is entirely voluntary, and at the user’s own risk, subject to all applicable state and federal laws and regulations.
SEMA has no control over, and shall bear no responsibility in connection with, the accuracy of any information provided as to the personal protective equipment purchased and sold on the Portal, the accuracy or validity of any other formation provided by users of the Portal, or the quality and performance of the personal protective equipment purchased and sold on the Portal.
Users of the Portal agree to defend, indemnify, and hold harmless SEMA, each of its directors, officers, employees and agents, and their respective successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (1) use of, or participation in, the Portal; and (2) any breach of this Disclaimer by a user. In no event will SEMA be liable to any user – or third party – for any direct, special, punitive, or consequential damages that may arise as a result from using this Portal, even if SEMA is advised or notified of the possibility of such damage or harm. Any dispute that may rise between users of the Portal is solely between the users and not SEMA.
This Disclaimer shall be governed by, construed, and administered in accordance with the laws of the State of California, excluding its conflicts of law principles. Users agree and stipulate that this Disclaimer shall be deemed to have been entered into in the State of California. Any claim or cause of action arising out of or connected with this Disclaimer shall be brought exclusively in either the local or federal courts of the State of California, and users consent to submit to the personal jurisdiction of such courts, and waive all objections to such jurisdiction and venue.
