My BUCKLE BUDDY AGREEMENT
THIS AGREEMENT (“AGREEMENT”) IS MADE BETWEEN MY BUCKLE BUDDY, LLC (“COMPANY”) AND YOU (“CUSTOMER”). CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND UNDERSTANDS ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT RELATING TO THE MERCHANDISE OFFERED FOR SALE BY COMPANY (“PRODUCT”).
WARNING: DO NOT ATTEMPT TO INSTALL ANY PRODUCT IN VIOLATION OF CAR SEAT MANUFACTURER’S INSTRUCTIONS OR REGULATORY REQUIREMENTS. ANY USE OF PRODUCT IS DONE SO AT CUSTOMER’S SOLE RISK! FAILURE TO INSTALL PRODUCT IN ACCORDANCE WITH CAR SEAT MANUFACTURERS INSTRUCTIONS OR REGULATORY REQUIREMENTS MAY CREATE HAZARDOUS SITUATIONS AND COULD LEAD TO DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE. CUSTOMER IS WARNED THAT CUSTOMER SHOULD NEVER USE COMPANY’S PRODUCT ON AN IMPROPERLY INSTALLED CAR SEAT, OR IN VIOLATION OF CAR SEAT MANUFACTURER’S INSTRUCTIONS OR REGULATORY REQUIREMENTS, WHETHER OR NOT THE VEHICLE IS MOVING.
1) METHOD OF PROPER USE.
CUSTOMER UNDERSTANDS AND AGREES THAT THEY HAVE CAREFULLY READ THE INSTRUCTIONS FOR INSTALLATION AND USE OF PRODUCT. CUSTOMER FURTHER AGREES TO USE THE PRODUCT ONLY IN ACCORDANCE WITH THE INSTRUCTIONS FOR INSTALLATION AND USE, AND WILL NEVER USE THE PRODUCT IN ANY WAY OR MANNER THAT CONTRADICTS THE PRODUCT INSTRUCTIONS. IMPROPER USE OF THE PRODUCT MAY LEAD TO SERIOUS INJURY OR HARM.
a) Acknowledgement: CUSTOMER UNDERSTANDS AND ACCEPTS THAT IT MUST INSTALL ANY PRODUCT IN ACCORDANCE WITH ALL SAFETY REGULATIONS AND MANUFACTURER’S INSTRUCTIONS PERTAINING TO THE INSTALLATION OF CHILD CAR SEATS OR BOOSTER SEATS.
b) Limitation of Liability: CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT OCCURS DURING IMPROPER USE. EXCEPT FOR ANY ACTS OF FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE OF THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO COMPANY, IF ANY, FOR PRODUCT(S). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
3) GENERAL CONTRACT TERMS: This Agreement constitutes the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions. The parties agree that any action at law or in equity arising out of or relating to this Agreement will be filed only in the state and federal courts located in Texas. The parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement. Neither this Agreement nor any right or duty under this Agreement may be transferred, assigned or delegated by Customer, by operation of law or otherwise, without the prior written consent of Company, and any attempted transfer, assignment or delegation without such consent will be void and without effect. Company may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of this Agreement is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of this Agreement will nonetheless remain in full force and effect to the maximum extent allowed by law. Throughout this Agreement, the masculine, feminine, or neuter genders shall be deemed to include the masculine, feminine, and neuter and the singular, the plural, and vice versa. The section headings of this Agreement are for convenience of reference only and do not form a part hereof and do not in any way modify, interpret, or construe the intentions of the parties.
4) ACKNOWLEDGEMENT THROUGH USE AND/OR PURCHASE. CUSTOMER ACKNOWLEDGES: THAT CUSTOMER’S USE AND/OR PURCHASE OF PRODUCT CONSTITUTES CUSTOMER’S ACKNOWLEDGEMENT OF RECEIPT OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.