We Assume NO Liability
Other than our GUARANTEE of Satisfaction or Manufacturer Warranty, as applicable, we neither assume, nor authorize any person to assume for us any liability in connection with the sale or use of the goods sold, and there are no oral agreements or warranties collateral to or affecting this agreement. We hereby give notice that any statement made by us in the sale of the goods, shall not create any warranty that the goods shall be fit for any particular purpose. Statements, images or descriptions are informational only, and not made or given as a warranty of the goods in any way. We specifically disavow any other representation, warranty, or liability related to the condition or use of the goods.
We do not cover any consequential damages, and our liability is limited to repairing or replacing defective goods. Pursuant to the provisions of the California Song-Beverly Consumer Warranty Act, this product is sold “AS IS” and “WITH ALL FAULTS”. The entire risk as to the quality and performance of the product is with the buyer. We are not an insurer, and bear no liability for any use, misuse, or failure to perform.
Our GUARANTEE of Satisfaction or Manufacturer Warranty as applicable, IS IN LIEU OF ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES ARE EXCLUDED.
Purchaser covenants and agrees that the purchaser or his heirs, agents, assigns shall NEVER bring any action in any court of law. Any dispute arising from the Purchase and Sale of product(s) sold by Nutshellz,LLC, shall be resolved by Arbitration under the Rules of the American Arbitration Association. Venue for any arbitration, or any legal dispute, shall lie only in City of High Ridge, Jefferson County, Missouri and in no other Venue or Forum. The Laws of the State of Missouri shall apply to all transactions.
If any part of these Terms are held to be invalid by a court of competent jurisdiction, such shall not affect the validity of any other part of these Terms. Headings are for convenience only, and do not limit or affect these Terms.
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our site (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or offers provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to purchasing Nutshellz Groin Protection Device.
Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
- Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
- Indemnification. You agree to indemnify, defend and hold us,Nutshellz,LLC, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or wrongfull use of the Nutshellz Groin Protection Device.
- Disclaimer. THE CONTENT,PRODUCTS AND OFFERS FROM NUTSHELLZ,LLC OR LISTED THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
- Limits. All responsibility or liability for any damages caused by use/misuse is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of Nutshellz Groin Protection Device.
- Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
- Third-Party Products and Services. We advertise third-party linked websites from which you may purchase or otherwise obtain certain services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
- Submissions. All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- General. You agree that all actions or proceedings arising directly or indirectly out of this agreement, or your use of the site or any sam products, offers or services obtained by you through such use, shall be litigated in the circuit court of High Ridge,Jefferson County, Missouri. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that High Ridge, Jefferson County, Missouri is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by Nutshellz, LLC. in the State of Missouri, USA. As such, the laws of Missouri will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.