9. General Provisions
(a)Construction and severability. Every provision of these Terms and Conditions will be construed, to the extent
possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect.
(b)Governing Law/Choice of Forum. The laws of the State of California (without regard for conflicts of law) shall govern the construction and enforcement of these Terms and Conditions, except that the Terms and Conditions shall be interpreted as though drafted jointly by WhisperKOOL and the Purchaser. Any dispute will be resolved in a state or federal court situated in the County of Santa Clara, State of California, and the Purchaser hereby irrevocably submits to the personal jurisdiction of such courts for that purpose.
(c)Entire Agreement/No Waiver. These Terms and Conditions and the Limited Warranty incorporated herein by reference set forth the entire agreement between the parties and supersede all prior agreements or understand- ings, both written and oral, between the parties regarding the subject matter of this the Terms and Conditions and the Limited Warranty. The parties may modify these Terms and Conditions or the Limited Warranty only in a writing signed by each. No waiver by WhisperKOOL of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
(d)Correction of Errors and Inaccuracies. These Terms and Conditions may contain typographical errors or other er- rors or inaccuracies. WhisperKOOL reserves the right to correct any errors, inaccuracies or omissions, and to change or update these Terms and Conditions, at any time, without prior notice.
10.Questions or Additional Information If you have any questions regarding these Terms and Conditions or wish to obtain additional information, contact us via phone at
WhisperKOOL
1738 E. Alpine Ave
Stockton, CA 95205
Page 24 | SL 072710 |
