Subject to Clauses 3, 4, 5, 6, 7 of these Shipping Terms the Company’s liability for the loss of or damage to any items carried within the 50 United States (Including Hawaii and Alaska) and Puerto Rico using this FREE Shipping Service shall be limited to the amount that the Customer may claim pursuant to the claim provisions in Section 6 of these Shipping Terms .
Customer expressly agrees that his or her use of the free shipping services is at customer's own risk, and that all Decluttr services and all information, content and other materials contained within or otherwise made available to you through the Decluttr services are being provided to customer on an "as is" and "as available" basis. To the full extent permitted by applicable law, Decluttr disclaims all warranties, express or implied, including but not limited to implied warranties of non-infringement, merchantability and fitness for a particular purpose.
In addition, to the full extent permitted by applicable law, Decluttr, its officers, directors, employees and agents, shall not be responsible or liable to customer or any third person for any damages or losses of any kind arising from the use of any Decluttr services, or from any information, content or other materials contained within or otherwise made available to customer through the Decluttr services, including, but not limited to lost profits, goodwill or reputation, or other intangible losses or any or any direct, indirect, consequential, exemplary, incidental, special or punitive damages. Notwithstanding anything to the contrary contained herein, Decluttr’s liability to customer for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the valuation or offer price of the items customer has offered to sell to Decluttr, but in no case will Decluttr’s liability to you exceed $100 or the amount of the valuation set forth pursuant to the terms and conditions and section 6 of these shipping terms, whichever is less.
Any transactions, communications or other dealings customer has with third parties found on or through the website includign shipping carriers are solely between customer and the third party. Decluttr makes no representations or warranties with respect to such third-party services, and shall not be responsible nor liable for or in connection with any such third-party transactions, communications or other dealings.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions or limitations may not apply to customer.