9. Warranties and Liability
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Customer agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Customer’s breach of these terms and conditions. Company shall not be liable to Customer or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
10. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
11. Guarantees
Company does not make any guarantees as to the results, including financial or other personal gains, of Customer’s use of the Product. Customer agrees to take responsibility for Customer’s own results with regard to using the Product.
12. Release & Reasonable Expectations
Customer has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Customer. Customer understands and agrees that:
▪ Every Customer and final result using the Product is different;
▪ The Product is intended for a mass audience.
13. Third-Party Links
Certain content, products and services available via our Company or Product may include materials from third-parties. Third-party links on this site may direct Customer to third-party websites that are not affiliated with us. Company is not responsible for examining or evaluating the content or accuracy and Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Customer agrees to review carefully the third-party's policies and practices and make sure he/she understands them before he/she engages in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
15. Venue and Jurisdiction
The laws of the Georgia shall govern this contract, and any resulting arbitration shall take place within Atlanta, Georgia. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
16. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Atlanta, Georgia, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
17. Transfer
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
18. Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
19. Changes To Agreement Terms
Customer can review the most current version of the Terms of Service at any time at this page.
Company reserves the right, at their sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our website. It is Customer’s responsibility to check our website periodically for changes. Customer’s continued use of or access to Company website or the Product following the posting of any changes constitutes acceptance of those changes. If Customer does not agree to all the terms and conditions of this agreement, access to the service will be revoked.
20. CONTACT INFORMATION
Questions about the Terms and Agreement should be sent to Company at info@byoblive.com
