Terms and Conditions

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 Bungeeaccepts Visa, MasterCard and AMX. Prices for Products do not include shipping charges, or any taxes or other governmental charges that The Better Bungeemay be required by law to pay or collect. Unless you are exempt by law or pursuant to The Better Bungeepolices, 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 Bungeeunless 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 Bungeemade 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 BUNGEEDOES 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 Bungeeexclusive remedy for defective products is the replacement of the product.  Failure to follow directions voids the warranty.  The Better Bungeeis 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 BUNGEEBE 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 BUNGEEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE BETTER BUNGEEIS FOUND LIABLE TO YOU IN CONNECTION WITH ANY PRODUCT YOU ORDERED THROUGH THIS WEBSITE, IN NO EVENT SHALL THE BETTER BUNGEE’STOTAL 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 Bungeemakes 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 Bungeecannot 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.