Purchase Agreement
PURCHASE AGREEMENT Welcome to the HigherPeak.com web site provided by Higher Peak LLC (“Seller”). This Purchase Agreement contains the purchase agreement applicable to your purchase of products through this site (“Purchase Agreement”). This Purchase Agreement shall be effective for and applicable to any and all purchases made through this web site. By using this site and purchasing products through this site, you (“Buyer”) indicate and agree that you understand and intend this Purchase Agreement to be the legal equivalent of a signed, written contract that is equally binding, and that you agree to such Purchase Agreement. If you do not agree with the Purchase Agreement, you are instructed not to use this site and not to purchase products through this site. Seller reserves the right to change or supplement this Purchase Agreement at any time without notice. Your purchase of products on this site will constitute your acceptance of such changes. Additionally, the information and/or products on this site may be changed, updated or discontinued at any time without notice. In the event that Buyer purchases a product (“Purchased Product”) from Seller through this website and subsequently returns the product to Seller, Seller reserves the right to charge a restocking fee equal to twenty percent (20%) of the original purchase price of such product. There is a 30-day limit on returns. Except as otherwise specifically and expressly set forth on this web site, Seller will not be responsible or liable for any (i) delays in shipping, (ii) inaccuracies in orders, (iii) inaccuracies in the information on this site, (iv) unavailability of products, (v) changes in products and/or (vi) damage occurring in delivery. Without limiting the generality of the foregoing, Buyer should not rely on any dimension, specification or installation information provided on this site, as such information may be inaccurate, incomplete, outdated and/or not applicable to your particular situation. Seller shall have no responsibility or liability for such information, and Buyer assumes the sole risk of any use and/or reliance thereon. Buyer understands and is aware that use of the Purchased Product, athletic training, and athletic competition involves inherent and other risk of injury including death. Buyer further understand that injuries in sport are a common and ordinary occurrence. Buyer freely accepts and assumes all risk of injury and death that may result while using Purchased Product. Buyer agrees not to make claim or sue for injuries or damages related to the use of the Purchased Product whether such claim or suit is based on negligence, breach of warranties, product defect, or any other legal theories. To the fullest extent permitted by law, Buyer agrees that Seller and its owners, members, officers, directors, partners, associates, agents and employees, the manufacturers of the equipment (collectively “Released Parties”), shall not be held liable or responsible in any way for injury, death or other damages to Buyer or his/her family, heirs, or assigns which may occur as a result of the use of the Purchased Product, or as a result of product defect, or the negligence of any party, including the Released Parties, whether passive or active. Buyer expressly assumes all risks related in any way to the use of the Purchased Product. The Buyer’s sole and exclusive remedy for any act or omission of Seller or other condition or occurrence related to any order placed through this site (including, without limitation, the condition, performance, defective nature or unavailability of products ordered through this site) shall be only as expressly provided on this site. In no event shall Seller’s liability for any claim of any kind related to any product ordered through this site exceed the purchase price of such product. Additionally, in no event shall Seller be liable for any indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the purchase of (or inability to purchase) any products through this site, whether based in contract, tort, strict liability or otherwise, and even if Seller has been advised of the possibility of any such damages. Due to the fact that some states and/or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply. Except as otherwise specifically and expressly set forth on this web site, Seller makes no representations or warranties of any sort regarding the products purchased through this site, including, without limitation, any warranty of merchantability, fitness for a particular purpose or any implied warranty of any sort As written, this Purchase Agreement constitutes the final, entire agreement between the Seller and Buyer. They have made no further promises of any kind to one another, nor have they reached any other understandings, either written or oral. If any term or condition of this Purchase Agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this Purchase Agreement shall be valid and enforceable to the fullest extend permitted by law. This Purchase Agreement will be governed by the laws of the State of Massachusetts without giving effect to the choice of law provisions thereof, and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts in the County of Middlesex, Massachusetts.