2. Description of Services.
In exchange for the posted price per item, Prato Way shall provide you with access to temporary coat and item storage. The provision of the Services at all times remain subject to the terms contain in this Agreement.
3. No Unlawful or Prohibited Use.
As a condition of your use of the Services, you shall not use the Services in a manner that is disruptive or offensive to others or for any purpose that is unlawful or that is prohibited by this Agreement. You may not attempt to gain unauthorized access to the property of any other party by any means.
4. Participation In or Use of Services.
You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that Prato Way does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use, except as otherwise set forth herein.
PRATO WAY DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS IN THIS AGREEMENT OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRATO WAY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL PRATO WAY BE RESPONSIBLE FOR LOST OR MISPLACED ITEMS EXCEPT AS SET FORTH HEREIN.
6. Limitation of Liability.
To the fullest extent permissible under applicable law, neither Prato Way nor any of its employees, shareholders, directors, agents or independent contractors (the “Affiliates”) shall be liable for (a) any damages in excess of two times the fee that you paid to pursuant to this Agreement, if any, or $100.00, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
a. apply regardless of whether (i) you base your claim on contract, tort, statute or any other legal theory, (ii) we knew or should have known about the possibility of such damages, or (iii) the limited remedies provided in this section fail their essential purpose; and
b. not apply to any damage that Prato Way may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
a. Severability. If any provision of this notice is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this notice will not be affected in any way.
b. Entire Agreement. This notice constitutes the entire, complete and exclusive agreement between you and Prato Way regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
c. Amendments to this Agreement. Prato Way reserves the right to modify, supplement or replace the terms of this notice, effective upon posting.
d. No informal waivers, agreements or representations. Except as expressly and specifically contemplated by this notice, no representations, statements, consents, waivers or other acts or omissions by any Prato Way Affiliate shall be binding, unless documented in a physical writing hand signed by a duly appointed representative of Prato Way.
e. Governing Law/Venue. This Agreement shall be governed by and construed pursuant to the laws of New York, without regard to principles of conflict of laws. Any disputes, actions, or claims arising out of this Agreement shall be adjudicated in a court of competent jurisdiction located within Erie County, New York.
f. Authority. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this Agreement and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.