LIMITATION OF LIABILITY
YOU ASSUME ALL LIABILITY, RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE. FENIX GENERAL AGENCY, LLC IS NOT RESPONSIBLE FOR ANY DAMAGES OR INJURIES THAT RESULT FROM ANY PERSON’S USE OF THIS WEBSITE. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY:
any use of this site, including an inability to use or access this site;
any use of any site linked to or from this site, including an inability to use or access any site;
any failure of performance, including but not limited to, any error, omission, interruption, defect, delay in operation or transmission;
computer virus or line failure.
FENIX GENERAL AGENCY, LLC IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR INDIRECT DAMAGES.
EXCEPT AS PROVIDED IN THIS PARAGRAPH, ACCC IS NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT, OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR BOTH. In some states the law may not allow us to limit or exclude liability for incidental or consequential damages. The above limitation may not apply and you may have the right to recover these types of damages. In any event, FENIX GENERAL AGENCY, LLC’s liability to you for any and all damages, injuries, losses, and claims of any kind that may arise from your use of this website and the material and information contained on this website, regardless of the basis or legal theory, is limited and shall not exceed the amount you have paid to access our website.
DISCLAIMER OF WARRANTY
ANY AND ALL USE, CONTENT AND MATERIAL ON THIS ACCC SITE IS PROVIDED “AS IS”. ACCC DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES CONCERNING THE USE OF THIS SITE AND ANY MATERIAL OR INFORMATION CONTAINED IN THIS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES THAT:
the material and information on this website is of any particular level of quality or is fit for any particular purpose, use or function;
the function and performance of the website and the material and information contained on it will be uninterrupted or free from error or defect, or that defects will be corrected, even if identified and made known to us;
this website and/or the servers that support it and make it available for use are free if computer viruses or other harmful components or conditions;
information contained on this website is accurate as of, or on any particular date.
FENIX GENERAL AGENCY, LLC does not represent that the services, materials, or products it displays on this website are available for use in jurisdictions outside the United States, or in states where FENIX GENERAL AGENCY, LLC is not licensed to conduct business.
JURISDICTION; ARBITRATION AND DISPUTE RESOLUTION
Except as otherwise provided for hereunder, Texas law shall govern and control any dispute or action concerning this FENIX GENERAL AGENCY, LLC website. FENIX GENERAL AGENCY, LLC is based in Houston, Texas. By your use of this website, you agree that any dispute over use, content or material on this website is required to be brought and heard in Houston, Harris County, Texas.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. YOUR USE OF THIS WEBSITE IS SUBJECT TO YOUR CONSENT TO THE ARBITRATION AGREEMENT IN THIS SECTION WHICH PROVIDES THAT, EXCEPT FOR THE LIMITED AND SPECIFIC EXCEPTION STATED BELOW, ANY DISPUTE BETWEEN YOU AND ACCC SHALL BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY. ARBITRATION MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE PERMITTED TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION.
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