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<br />without requiring a return. In this situation, Amazon does not take title to the refunded item. To
<br />purchase through Amazon Business, you will need at least one valid payment method associated
<br />with your Business Account; if there is a problem charging your selected payment method for any
<br />purchase, we may charge any other valid payment method associated with your Business
<br />Account. If we send any User a replacement product for a product they originally ordered using
<br />an individual payment method (such as a personal credit card) and the original product ordered is
<br />not returned within 30 days of the replacement request, you acknowledge and consent that we
<br />may charge any eligible payment method on record for the relevant User Account for the
<br />replacement product. Each party will be responsible, as required under applicable law, for
<br />identifying and paying all taxes and other governmental fees and charges (and any penalties,
<br />interest, and other additions thereto) that are imposed on that party upon or with respect to the
<br />transactions and payments under this Agreement.
<br />4. DISCLAIMER. UNLESS OTHERWISE SPECIFIED IN WRITING, ANY INFORMATION,
<br />CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES MADE
<br />AVAILABLE TO YOU BY AMAZON ARE ON AN "AS IS" AND "AS AVAILABLE"
<br />BASIS, AND AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
<br />KIND, EXPRESS OR IMPLIED, AS TO SUCH INFORMATION, CONTENT, MATERIALS,
<br />PRODUCTS (INCLUDING SOFTWARE) OR SERVICES. TO THE FULLEST EXTENT
<br />PERMITTED BY LAW, AND UNLESS OTHERWISE SPECIFIED IN WRITING, AMAZON
<br />DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS IT
<br />SELLS AND THE SERVICES AND INFORMATION IT PROVIDES, INCLUDING ANY
<br />IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
<br />PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
<br />5. INDEMNIFICATION. You will defend, indemnify, and hold harmless Amazon and its
<br />affiliates, and their respective directors, officers, employees, representatives, contractors, and
<br />agents, from and against any loss, damage, judgment, settlement, expense, interest, and any other
<br />liability (including reasonable attorneys' fees and costs) related to or arising out of any third party
<br />allegation, claim, lawsuit, or proceeding (a "Claim") to the extent such Claim is based on: (a)
<br />any breach of the Agreement, (b) any unlawful, improper or negligent use by anyone of any
<br />product sold or service provided to you under the Agreement, (c) any dispute between you and
<br />your Users, or (d) your gross negligence or willful misconduct. You will use counsel reasonably
<br />satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that
<br />any indemnified Claim might adversely affect us, we may take control of the defense at our
<br />expense. You may not consent to the entry of any judgment or enter into any settlement of a
<br />Claim without our prior written consent, which may not be unreasonably withheld.
<br />6. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW,
<br />UNDER NO CIRCUMSTANCES WILL AMAZON BE LIABLE FOR ANY
<br />CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES,
<br />INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, THAT RESULT FROM YOUR
<br />PURCHASE OF ANY PRODUCTS OR USE OF ANY SERVICES, EVEN IF AMAZON HAS
<br />BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST
<br />EXTENT PERMITTED BY LAW, AMAZON'S LIABILITY IN ALL EVENTS IS LIMITED
<br />TO THE PURCHASE PRICE PAID FOR THE PRODUCT OR SERVICE THAT GIVES RISE
<br />TO THE LIABILITY.
<br />7. CUSTOMER INFORMATION, PRIVACY, CONFIDENTIALITY.
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