Terms and Conditions of Use and Purchase
These
Terms and Conditions of Use and Purchase (“Terms of Use and Purchase”)
constitute a legal agreement between you, as an individual and/or in your
capacity as an official representative of an entity, with the power to bind
such entity to the provisions of these Terms of Use and Purchase, and Our
Remedy LLC. d/b/a The Better Bungee™)
governing your use of this World Wide Web site (this “Website”) and purchase of
materials available for purchase through this Website (“Products”). YOUR USE OF
THIS WEBSITE IS SUBJECT TO THESE TERMS OF USE AND PURCHASE. YOUR ACCESSING,
VIEWING AND/OR USING THIS WEBSITE OR ANY MATERIAL LOCATED ON THIS WEBSITE,
CONSTITUTES YOUR ACKNOWLEDGMENT THAT YOU HAVE REVIEWED THESE TERMS OF USE AND
PURCHASE AND YOUR AGREEMENT TO BE BOUND BY SUCH TERMS OF USE AND PURCHASE. IF
YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE AND PURCHASE, YOU MUST
IMMEDIATELY EXIT THIS WEBSITE.
Modification
of this Website and These Terms of Use and Purchase
The
Better Bungee™ reserves the right to change, modify,
alter, update or discontinue the terms, conditions and notices under which this
Website is offered, including these Terms of Use and Purchase and the services,
features, links, and content offered via this Website, at any time and from
time to time without notice or further obligation to you. By your continued use
of this Website following any such changes, modifications, alterations or
updates, you agreed to be bound by such changes, modifications, alterations or
updates.
Proprietary
Materials
This
Website is protected by copyright pursuant to U.S. copyright laws,
international treaties and other copyright laws. This Website contains
copyrighted material, trademarks and other proprietary information of The
Better Bungee™
(collectively, “Proprietary Material”), which may include, without limitation:
text, software, photos, video, graphics, images, music and sound. You may not
modify, publish, copy, transmit, participate in the transfer or sale of, create
derivative works of, or in any way exploit, in whole or in part, any
Proprietary Material without prior written authorization from The Better Bungee™.
Pricing,
Method of Payment
The
Better Bungee™ accepts
Visa, MasterCard and AMX. Prices for Products do not include shipping charges,
or any taxes or other governmental charges that The Better Bungee™ may be required by
law to pay or collect. Unless you are exempt by law or pursuant to The Better
Bungee™ polices,
you are responsible for the payment of all such sums and such sums may be added
to your invoice.
Risk
of Loss
If
a carrier (USPS, UPS or FED EX) is used to deliver the Products, title to and
risk of loss of the Products shall pass to you upon delivery of the Products
and all claims for damage due to shipment or handling shall be made to the
carrier.
Claims
for Variances, Shortages or Damage
No
claim for variances, shortages and/or damages in orders of Products will be
considered by The Better Bungee™
unless recorded at the time of delivery.
Returns
All
returns or exchanges must be processed by you within 30 days of shipment by The
Better Bungee™.
Prior authorization must be obtained before any merchandise is returned for
credit, refund or replacement, which shall be given at the sole discretion of The
Better Bungee™.
Unauthorized returns will not be accepted. You are responsible for all return
shipping charges unless the Product is defective or The Better Bungee™ made an error.
Returns and cancellations may be subject to a restocking charge at the
discretion of The Better Bungee™,
not to exceed 15% of the purchase price.
Limited
Web Site Warranty
THIS
WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY AS TO THE
ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR CONTENT OF ANY INFORMATION OR
MATERIAL PROVIDED BY OR THROUGH THIS WEBSITE, AND THE IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY,
CORRECTNESS OR VALIDITY OF ANY INFORMATION OR MATERIAL PROVIDED BY OR THROUGH
THE WEB SITE RESTS WITH YOU. THE BETTER BUNGEE™ DOES NOT WARRANT THAT THE FUNCTIONS OF
THIS WEBSITE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS OR THAT THE OPERATION OF
THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.
Life
Time Warranty
All
Products available through this Website are guaranteed to be free of material
defects for the life of the product when used in accordance with the
directions: Maximum stretch is 2 times the length of the stretchable material
measured inside of hook to inside of hook and proper hook placement (hook to be
placed over and around an anchor point not on the tip of the hook). The Better
Bungee™ exclusive
remedy for defective products is the replacement of the product. Failure to follow directions voids the
warranty. The
Better Bungee™ is
not liable for any damages or injuries arising from AN
IMPLIED USE OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitations
on Liability and Remedies
THE
BETTER BUNGEE™
IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM (A)
THE USE OF OR THE INABILITY TO USE THIS WEBSITE AND/OR (B) YOUR USE OR MISUSE
OF ANY PRODUCT ORDERED THROUGH THIS WEBSITE. THIS DISCLAIMER OF LIABILITY
INCLUDES, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, MISUSE, DEFECT,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT SHALL THE BETTER
BUNGEE™ BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING INJURY ARISING OUT OF THE USE OR PERFORMANCE OF THIS WEBSITE
AND/OR ANY PRODUCT PURCHASED THROUGH THIS WEBSITE, WHETHER IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BETTER BUNGEE™ HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE BETTER BUNGEE™ IS FOUND LIABLE TO
YOU IN CONNECTION WITH ANY PRODUCT YOU ORDERED THROUGH THIS WEBSITE, IN NO
EVENT SHALL THE BETTER BUNGEE’S™
TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION RELATED
THERETO EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCT YOU ORDERED THROUGH
THIS WEBSITE.
Privacy
The
privacy policies of The Better Bungee™
are accessible by clicking on the “Privacy” tab. By using this Website and
accepting these Terms of Use and Purchase, you expressly consent to use of your
information as enumerated in the then-current privacy policies of Panther East,
as such policies may be amended from time to time.
Indemnification
You
hereby agree to indemnify, defend and hold harmless The Better Bungee™, its officers,
directors, employees and agents from and against all losses, expenses, damages
and costs, including reasonable attorneys’ fees, resulting from your use or
misuse of this Website and/or products purchased on this website or any
violation by you of these Terms of Use and Purchase. You further agree that you
shall be solely responsible for any and all liabilities and related costs
arising from your use or misuse of this Website and / or products purchased on
this website.
Links
to Third-Party Websites and Non-Endorsement
This
Website may contain links to third-party Internet sites. The Better Bungee™ makes no
endorsements, representations or warranties, and assumes no responsibility as
to the information or material appearing on third-party websites to which The
Better Bungee™
provides links. The Better Bungee™
cannot be responsible for privacy policies used by
third-party websites or the accuracy of such other websites.
General
These
Terms of Use and Purchase shall be governed by the laws of the Commonwealth of
Pennsylvania and the federal laws of the United States, without reference to
conflict of laws principles. The federal and state courts in the Eastern
District of Pennsylvania shall have exclusive jurisdiction to adjudicate any
dispute arising out of or relating to use of this Website, including the
purchase and delivery of Products, and you hereby expressly consent to such
exclusive jurisdiction and waive, and agree not to assert, any claim that you
are not subject personally to the jurisdiction of such courts, that the action
is brought in an inconvenient forum, that the venue is improper or that these
Terms of Use and Purchase or the subject matter hereof may not be enforced in
or by such court. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall nonetheless be enforceable to the greatest
extent possible, and the remaining provisions shall be enforced. The failure of
The Better Bungee™
to act at any time with respect to a breach by you does not waive Panther
East’s right to act at any other time, and/or to take action with respect to
subsequent or similar breaches. You may not assign or transfer these Terms of
Use and Purchase or your rights hereunder, and any attempt to the contrary
shall be void. Panther East shall not be liable for any delay or failure to
perform resulting directly or indirectly from any causes beyond its control.
You shall comply with all applicable laws and regulations relating to your
access to and use of this Website. These Terms of Use and Purchase, along with
any credit line agreement you have entered into with Panther East and any
policy statements promulgated from time to time by Panther East, sets forth the
entire understanding and agreement between you and Panther East with respect to
the subject matter hereof and, other than any such credit line agreements,
supersedes any prior understandings or agreements with respect to such subject
matter. If you are using this Website on behalf of an entity, you hereby
represent and warrant that you have proper authority and power to bind such
entity to the provisions of these Terms of Use and Purchase.