Warranties and Liabilities
VectorBuilder provides services on a contractual fee-for-service basis. VectorBuilder performs its services with due care and in accordance with its own established protocols (or agreed-upon protocols as specially requested by the customer). VectorBuilder's warranties for its products/services are limited to those explicitly stated in the quotes, pro-forma invoices and order confirmations. No other warranties are implied. VectorBuilder disclaims all implied warranties, including but limited to merchantability, fitness for a specific purpose, or non-infringement of intellectual property rights. Any claim by the customers for breach of warranty shall be made in writing (email is acceptable) to VectorBuilder within 30 days upon delivery of the product/service. Otherwise, the product/service shall be considered fully accepted by the customer. The remedy for breach of warranty shall be, at VectorBuilder's sole discretion, limited to either a redo of the product/service in question or a refund not exceeding the fee paid for said product/service.
In no event shall VectorBuilder be liable to any customer, or any third party claiming through a customer, for any direct or indirect damages, personal injuries, or loss of profits arising from the failure in the delivery or performance of the products/services, unless covered by the explicitly stated warranty. VectorBuilder's sole liability shall not exceed the fee paid by the customer for the products/services rendered. The customer cannot bring any action after one year of products/services being delivered by VectorBuilder.
By purchasing products and services from VectorBuilder, the customer agrees to defend, indemnify and hold harmless VectorBuilder and its affiliates, employees, directors and officers against all liabilities, expenses, losses, and damages (including attorney’s fees and costs of litigation) that VectorBuilder may incur as a result of any third party claims arising out of the customer's negligence or willful misconduct that breaches VectorBuilder's terms and conditions or applicable laws and regulations governing the use of VectorBuilder's products and services, including but not limited to breach of any copyright, trademark, patent, or other intellectual property requirements for the use of VectorBuilder's products and services.
Any dispute between VectorBuilder and the customer shall be settled by final and binding arbitration by a single arbitrator to be held in Shenandoah, TX. The arbitrator shall be solely selected by VectorBuilder and shall have the authority to grant any party all remedies available by law, but shall not have the power to grant any remedy that would not be available in a state or federal court.