Terms of Use

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Disclaimer of Warranty

The content and materials in this site are provided "as is" and without representations or warranties of any kind, either express or implied. The John W Fisk Company expressly disclaims all warranties, express or implied, with respect to this site including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.  The John W Fisk Company does not warrant or represent that the functions or operation of this site will be uninterrupted or error-free, that defects will be corrected, or that this site, its servers or any e-mail sent from the John W Fisk Company are free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

The John W Fisk Company shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) unless resulting from the gross negligence or intentional actions of the John W Fisk Company, the unauthorized access to or alteration of your transmissions or data, even if the John W Fisk Company has been advised of the possibility of such damages. Some states do not allow the exclusion of liability for certain damages, so the foregoing exclusions or limitations may not apply to you.

Jurisdiction / Enforceability

Use of this site shall be governed by and construed in accordance with the laws of the State of Louisiana without giving effect to any principles of conflicts of laws. Any dispute concerning this site shall be subject to the exclusive venue of a court of competent jurisdiction in Orleans Parish, Louisiana.

Should any provision of these Terms of Use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

 

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