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Page 36 PT-EXPL 072010
court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent
so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and
eect.
(b) Governing Law/Choice of Forum. The laws of the State of California (without regard for conicts of law) shall
govern the construction and enforcement of these Terms and Conditions, except that the Terms and Conditions
shall be interpreted as though drafted jointly by WhisperKOOL and the Purchaser. Any dispute will be resolved in a
state or federal court situated in the County of Santa Clara, State of California, and the Purchaser hereby irrevocably
submits to the personal jurisdiction of such courts for that purpose.
(c) Entire Agreement/No Waiver. These Terms and Conditions and the Limited Warranty incorporated herein by
reference set forth the entire agreement between the parties and supersede all prior agreements or understand-
ings, both written and oral, between the parties regarding the subject matter of this the Terms and Conditions and
the Limited Warranty. The parties may modify these Terms and Conditions or the Limited Warranty only in a writing
signed by each. No waiver by WhisperKOOL of any breach or default hereunder will be deemed to be a waiver of
any preceding or subsequent breach or default.
(d) Correction of Errors and Inaccuracies. These Terms and Conditions may contain typographical errors or other er-
rors or inaccuracies. WhisperKOOL reserves the right to correct any errors, inaccuracies or omissions, and to change
or update these Terms and Conditions, at any time, without prior notice.
10. Questions or Additional Information If you have any questions regarding these Terms and Conditions or wish to
obtain additional information, contact us via phone at 1-800-343-9463 or please send a letter via U.S. Mail to:
WhisperKOOL
1738 E. Alpine Ave
Stockton, CA 95205