Gauntlett & Associates has actively litigated and resolved a number of antitrust coverage lawsuits. We are currently representing companies addressing a variety of trade regulation disputes ranging from claims of common law unfair competition, to Sherman Act violations, to predatory pricing claims throughout the United States.
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Limitation of Liability and Disclaimer of Warranties. THE SITE AND THE MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. GAUNTLETT, ITS AFFILIATES AND ITS SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GAUNTLETT, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR MATERIALS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF GAUNTLETT, ITS AFFILIATES AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS. TO THE EXTENT THAT GAUNTLETT MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF GAUNTLETT'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
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Governing Law and Venue. These Site Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Site Terms or your use of the Site or Materials shall be brought exclusively in the Federal or State courts located in Orange County, California, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Miscellaneous. If any provision of these Site Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Gauntlett and you as reflected in the provision, and that the other provisions of these Site Terms remain in full force and effect.. The failure of Gauntlett to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Site Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Gauntlett, nor trade practice, shall act to modify any provision of these Site Terms. These Site Terms are not assignable, transferable or sublicensable by you. These Site Terms comprise the entire and exclusive agreement between you and Gauntlett with respect to your use of the Site and Materials, superseding any prior agreements or negotiations between you and Gauntlett with respect to your use of the Site.
These Site Terms were last updated January 2008.