You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Sacramento Cash And Carry products) shall be in the state or federal courts located in Sacramento County, California, and waive any objection to such jurisdiction or venue. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Sacramento Cash And Carry products) must be commenced within one (1) year after the claim or cause of action arises. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Sacramento Cash And Carry and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Sacramento Cash And Carry’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Sacramento Cash And Carry may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.