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Under no circumstances, including, but not limited to, negligence, shall mandygibbons.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if mandygibbons.com or a mandygibbons.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall mandygibbons.com’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
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Links and Marks
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Jurisdiction and Other Points to Consider
To the extent you have in any manner violated or threatened to violate mandygibbons.com and/or its affiliates’ intellectual property rights, mandygibbons.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Western Australia, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Geraldton, Western Australia. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Geraldton, Western Australia, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.