CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE ATTENTION:
This is a legal agreement (the “Agreement”) between You, the individual, company or organization (“you”, “your”, “The Customer” or “Customer”) and SolarSandBagPlus.com (“we”, “our”, “The Company” or “Company”). By ordering, accessing, using or purchasing any product (“Product”) through this website or related websites (collectively the “Website”), you are agreeing to be bound by, and are becoming a party to, this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.
You agree to indemnify and hold The Company, their parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; (c) your use of The Company Products; (d) any dispute between you and The Company; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of The Company, parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES
The site, any information contained therein and/or any of The Company products are provided to you on an “as is” and “as available” basis and all warranties, expressed and implied are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular but not as a limitation thereof, The Company makes no warranty that the site, any information contained therein and/or any of The Company products: Will meet your requirements; Will be uninterrupted, timely, secure or error-free or that defects will be corrected; Will be free of viruses or other harmful components; Will have security methods employed that will be sufficient against interference with your enjoyment of the site, or against infringement; Will result in any specific weight loss benefit or other health-related outcome; Will be accurate or reliable. The site, any information contained therein and/or any of The Company products may contain bugs, errors, problems or other limitations. The Company will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from The Company or otherwise through or from the site, shall create any warranty not expressly stated in the agreement.
LIMITATION OF LIABILITY
You expressly understand and agree that The Company shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, date or other intangible losses (even if The Company has been advised of the possibility of such damages), to the fullest extent permissible by law for: The use or the inability to use the site, any information contained therein and/or any of The Company products; The cost of procurement of substitute goods and/or services resulting from any goods, data, information, content and/or any of The Company products purchased or obtained from or through the site; The unauthorized access to or alteration of your registration data; The failure to realize any specific weight loss, benefit or other health-related outcome Any other matter relating the site, any information contained therein and/or any of The Company products. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release The Company from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of The Company to you under any and all circumstances will be up to hundred ($100.00) dollars. No action, regardless of form, arising out of your use of the site, any information contained therein and/or any of The Company products may be brought by you or The Company more than one (1) year following the event which gave rise to the cause of action. Access to the site would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions, The Company liability shall be limited to the maximum extent permitted by law.
The Agreement shall be treated as though it were executed and performed in Florida and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Illinois, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against The Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that The Company incurs in seeking such relief. The Agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and The Company and governs your use of the Site. The Company failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
The information presented on the Site is in no way intended as medical advice or as a substitute for medical treatment. Nothing stated or presented on the Site is intended to be a substitute for professional medical advice, diagnosis or treatment. This information should only be used in conjunction with the guidance and care of your physician. You should always consult with your physician or other health care professional before taking any medication or nutritional, herbal or homeopathic supplement, beginning any diet, nutrition or fitness plan or adopting any treatment for a health problem, whether offered on the Site or otherwise. Your physician should allow for proper follow-up visits and individualize your diet, nutrition and/or fitness plan as appropriate. If you have or suspect that you have a medical problem, promptly contact your health care provider. For any products and/or services purchased through the Site, you should carefully read all product packaging and instructions. Never disregard professional medical advice or delay in seeking professional advice because of something that you have read on the Site. Information and statements regarding products and/or services made available on or through the Site have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.