Terms & Conditions
Effective Date: March 15, 2017
These Terms are separated into two parts. Part One applies to all users, but Part Two only applies to those who make a purchase with us.
Frontier reserves the right to change or modify these Terms at any time and in its sole discretion. If Frontier makes changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Sites or updating the date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination of your account.
If you have any questions regarding the use of the Sites, please refer to the Help section on frontiercoop.com. All other questions or comments about the Sites or their contents may be directed to customer service by calling (844) 550-6200 or (319) 227-7996 or emailing us at [email protected].
Table of Contents
Part One – Terms for All Site Users
- Eligibility, Registration and Account
- Ownership of Site Content
- Repeat Infringer Policy; Copyright Complaints
- User Conduct
- No Third-Party Beneficiaries
- Limitation of Liability
- Modifications to the Sites
- Applicable Law and Venue
Part Two – Terms for Users Making Purchases
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE SITES.
- Pricing and Availability
- Out-of-Stock Items; Backorders
- Agreement to Conduct Transactions Electronically; Recording; Copies
- Shipping & Handling; No Export by You
- Payment; Credit for Refunds
- Returns and Exchanges
- Limited Warranty
- Exclusivity of Remedy; Limitation of Liability
Part One – Terms for All Wholesale Site Users
2. Eligibility, Registration and Account
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Sites, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access, use or register for an account on the Sites. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.
In order to create a profile on the Sites, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Frontier; and (d) promptly notify Frontier if you discover or otherwise suspect any security breaches related to the Sites.
3. Ownership of Site Content
Unless otherwise indicated on our Sites, the Sites and all content and materials therein, including but not limited to the Frontier Coop, Frontier Coop Market, Simply Organic and Aura Cacia logos and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of Frontier or its affiliates, licensors, suppliers or users and are protected by U.S. and international copyright laws.
You are granted a limited, nonexclusive, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: (a) any resale of the Sites, Site Content or Products; (b) the collection and use of any Product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Content; (d) modifying or otherwise making any derivative uses of the Sites and the Site Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than page caching) of any portion of the Sites, the Site Content or any information contained therein, except as expressly permitted on the Sites or pursuant to separate terms; or (g) any use of the Sites or the Site Content other than for its intended purpose. Any other use of the Sites or the Site Content, without the prior written permission of Frontier, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Frontier has adopted a policy of terminating, in appropriate circumstances and in Frontier’s sole discretion, account holders who are deemed to be repeat infringers. Frontier may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Sites infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below.
Name of Designated Agent: Nicole C. Erickson
Address: PO Box 299 Norway, IA 52318
Email: [email protected]
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records.
"Frontier Co-op" "Simply Organic," "Aura Cacia," “ Frontier Coop Market,” the logos and other Frontier product or service names, logos or slogans that may appear on the Sites are trademarks or registered trademarks of Frontier and its subsidiaries and may not be copied, imitated or used, in whole or in part, without the prior written permission of Frontier or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Frontier" or any other name, trademark or product or service name of Frontier without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Frontier and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners..
If you believe that anything on the Sites infringes upon any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 4. A proper notification should contain the same elements required for copyright complaints (please see 17 U.S.C. §512(c)(3)).
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Frontier or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable in Frontier’s sole discretion. This limited right may be revoked at any time. You may not use a Frontier logo or other proprietary graphic of Frontier to link to the Sites without the express written permission of Frontier. Further, you may not use, frame or utilize framing techniques to enclose any Frontier trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Frontier’s express written consent.
Frontier makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Frontier, and Frontier is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Frontier provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Frontier of any site or any information contained therein. When you leave our Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
7. User Conduct
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:
- Use the Sites in any unlawful manner or in any manner that could damage, disable, overburden or impair the Sites;
- Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Sites for the purposes of sending spam;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Sites or to extract data;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Use or attempt to use another's account without authorization from Frontier;
- Attempt to circumvent any content filtering techniques we employ or access any service or area of the Sites that you are not authorized to access;
- Engage in any harassing, intimidating, predatory or stalking conduct;
- Develop any third-party applications that interact with our Sites; or
- "Frame" our Sites or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
Frontier is not responsible or liable for the conduct of, or your interactions with, users of the Sites (whether online or offline), nor is Frontier responsible or liable for any associated loss, damage, injury or harm. Although Frontier has no obligation to monitor any user conduct on the Sites, Frontier reserves the right and has absolute discretion to monitor any user conduct on the Sites at any time and for any reason without notice.
8. No Third-Party Beneficiaries
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
You agree to defend, indemnify and hold harmless Frontier, its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Sites; (b) your violation of these Terms; (c) your violation of any rights of another; or (d) your conduct in connection with the Sites. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
Except as expressly provided, the Sites, Site Content, and services provided on or in connection with the Sites (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. FRONTIER DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. Frontier does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. Frontier does not represent or warrant that the Sites or its servers are free of viruses or other harmful components.
IN ADDITION, FRONTIER DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT. The Site Content is intended to be general in nature. The information provided in the Site Content or through linkages to other sites is not designed to and does not constitute or serve as a substitute for professional medical advice or treatment for specific medical conditions. You should not use this information to diagnose or treat a health problem without consulting with a qualified healthcare provider. Medical information changes frequently. Therefore the Site Content or information on linked sites should not be considered current, exhaustive or complete, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any Site Content or on linked sites is solely at your own risk. Frontier does not recommend or endorse any specific products, procedures, opinions or other information that may be provided on linked sites. The linked sites may contain images or information that you find offensive. Frontier has no control over and accepts no responsibility for such materials.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
11. Limitation of Liability
IN NO EVENT SHALL FRONTIER, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM FRONTIER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FRONTIER’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FRONTIER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FRONTIER FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
12. Modifications to Site
Frontier reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Frontier will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
13. Applicable Law and Venue
These Terms and your use of the Sites will be governed by and construed in accordance with the laws of the State of Iowa, applicable to agreements made and to be entirely performed within the State of Iowa, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Benton County, Iowa, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and waive any objection which you may have to the venue of any suit, action or proceeding in any of such courts and any claim that any such suit, action or proceeding has been brought in an inconvenient forum. CUSTOMER WAIVES THE RIGHT TO A JURY TRIAL.
Either we or you may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, Frontier reserves the right, without notice and in its sole discretion, to terminate your right to use the Sites, or any portion of the Sites, and to block or prevent your future access to and use of the Sites or any portion of the Sites, which include the following websites and corresponding mobile applications ("Apps"), and any other websites, Apps or other Stores that we may launch from time to time (the "Stores"): Frontiercoop.com, Simplyorganic.com, Auracacia.com and Frontiercoopmarket.com.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Part Two – Terms for Users Making Wholesale Purchases
PART TWO APPLIES IN ADDITION TO PART ONE IF YOU PURCHASE A PRODUCT OR SERVICE THROUGH THE WHOLESALE SITES.
All orders are subject to the Terms set forth herein. Submission of an order shall constitute, but is not the sole form of, your acceptance of such Terms.
1. Wholesale Pricing and Availability
All prices are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Some items are subject to pricing restrictions, as noted on the Product Information pages for such items. You agree that you will not advertise the products for resale in violation of such pricing restrictions.
We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
3. Out-of-Stock Items
If the attribute (Organic, Natural, Color, Size, etc.) that you want is not listed in the drop-down box on the Product Information page, it is not then available for ordering. Please check back later or indicate that you would like us to notify you if the product becomes available. Note that some items may be unavailable even if the Sites indicate that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address. If the item is no longer available, we will cancel the item from your order and notify you, usually via e-mail.
4. Agreement to Conduct Transactions Electronically; Recording; Copies
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
5. Shipping & Handling; No Export or Foreign Resale by You
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by least expensive available method, with many upgrade options. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export and will not resale the products outside of the United States or its territories.
6. Payment; Credit for Refunds
Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our sole discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter with your method of payment in order to proceed with your order.
7. Returns and Exchanges
Frontier has a 100% Satisfaction Guarantee (see http://www.frontier.com/our-guarantee). Whether you made your purchase through the Sites or through phone/mail order, you may return or exchange it by mail as provided in the 100% Satisfaction Guarantee, subject to any contrary terms imposed on your purchase and provided that you follow the instructions on the Sites. General returns information and instructions can be found at: http://www.frontier.com/sales/guest/form/. Returns may make you ineligible for promotions, and we reserve the right to require identification, proof of purchase, or additional verifiable information to help Frontier locate the purchase in our records. If a gift certificate or card, voucher, coupon or payment mechanism other than a credit or debit card or PayPal was used to pay the original price, or if the purchase was part of a special offer that is not in effect when the return is made, we may in our sole discretion give you a store credit. After we have received your valid return, we will provide one of the following within a reasonable time: an exchange of merchandise for the item returned, a non-transferable merchandise credit, a non-transferable gift certificate or gift card, a credit to the payment card used to pay for the product, a check, or another remedy that we determine in good faith is appropriate in the circumstances. If you do not comply with any of the above conditions, we reserve the right to refuse the return or exchange, or to impose different or additional conditions, including (without limitation) basing our response on the current sales price. If you believe a product sold by Frontier has a condition or defect that might make it unsafe, please report this safety concern immediately by calling 1-800-699-3275.
8. Limited Warranty
FRONTIER WARRANTS THAT FRONTIER BRANDED PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AT THE TIME OF SALE. THIS WARRANTY DOES NOT APPLY TO DAMAGE OR MALFUNCTIONS CAUSED BY NORMAL WEAR AND TEAR, ACCIDENT, ABUSE, NEGLECT, IMPROPER STORAGE, HANDLING OR USE, MISUSE, VANDALISM, ACTS OF GOD, OR OTHER CAUSES EXTERNAL TO THE PRODUCTS. THIS LIMITED WARRANTY DOES NOT APPLY TO ITEMS MANUFACTURED BY THIRD PARTIES, AS NOTED BELOW.
FRONTIER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND THIS LIMITED WARRANTY SUPERCEDES ANY PRIOR REPRESENTATIONS AND UNDERSTANDINGS REGARDING THE PRODUCTS, INCLUDING ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
FRONTIER DOES NOT MANUFACTURE THE NON-FRONTIER BRANDED PRODUCTS IT SELLS AND MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES THEREON OR WITH RESPECT THERETO AND SELLS THE GOODS AS-IS, WHERE-IS. FRONTIER MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR CONDITION AND HEREBY DISCLAIMS ANY AND ALL SUCH IMPLIED WARRANTIES THAT MAY ARISE BY OPERATION OF LAW OR OTHERWISE. Manufacturers of non-Frontier branded products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers, which warranty(s) shall be between you and the manufacturer and to which Frontier is not a party.
Products eligible for warranty return may be returned or service fees refunded in accordance with Frontier returns and exchanges policy (see https://wholesale.frontiercoop.com/returns/).
9. Exclusivity of Remedy; Limitation of Liability
YOUR SOLEAND EXCLUSIVE REMEDY, AND FRONTIER’S SOLE AND EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY SHALL BE YOUR RIGHT TO RETURN THE PRODUCT OR RECEIVE A REFUND FOR THE SERVICE UNDER THE FRONTIER RETURNS AND EXCHANGES POLICY. IN NO EVENT SHALL FRONTIER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF BUSINESS OR ANY LOSS OCCASIONED BY DELAY IN DELIVERY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF FRONTIER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. The foregoing is intended as a complete allocation of the risks between Frontier and you, and you hereby agree that this limitation upon remedies will not have failed of its essential purpose. Your remedies set out herein are exclusive. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.