|Agreement for Sale of Goods|
ANY EQUIPMENT OFFERED ON THIS WEBSITE ARE EXPRESSLY CONDITIONED ON YOUR, OR IF
YOU ARE A MINOR CHILD, YOUR PARENT OR GUARDIAN'S AGREEMENT TO THE FOLLOWING
TERMS AND CONDITIONS.YOU OR YOUR LEGAL
GUARDIAN ARE REQUIRED TO READ THE FOLLOWING TERMS BEFORE PLACING AN ORDER. BY PLACING AN ORDER AND CLICKING ON THE
BUTTON, YOU ARE EXPRESSLY INDICATING ACCEPTANCE OF AND
AGREEMENT WITH THE TERMS BELOW.YOU
UNDERSTAND THAT YOUR ORDER WILL NOT BE COMPLETED WITHOUT ASSENTING TO THESE
1. Skateboarding is a Hazardous Activity
You understand that skateboarding is a hazardous activity. You understand that the use of skateboard equipment involves numerous risks of injury and death. You understand that adverse terrain, weather conditions, poorly maintained equipment, the use of drugs or alcohol, and pushing the limits of one's abilities can increase these risks. You understand that these risks are present regardless of the safety precautions You may take. You further understand that these risks are associated with the use of any product sold on BlackholeBoards.com. You further knowingly and willfully assume the risk of any damage, injury or death associated with the selection, assembly, maintenance or use of any product offered for sale on BlackholeBoards.com.
2. Formation of Agreement
You understand that BlackholeBoards.com is under no obligation to accept your offer for purchase.BlackholeBoards.com will accept your offer by billing your credit card and shipping the goods that You ordered. The shipment will precede or occur concurrently with email notification of the acceptance of your purchase order.
3. Release from Liability
As consideration for the purchase of any product from BlackholeBoards.com by you or your minor children, you hereby release from any legal liability Red Galaxy Company and its affiliates, and any owners, agents, employees of Red Galaxy Company and its affiliates from any and all liability for damage and injury or death to yourself, your minor children, or any other person or property resulting from the selection, assembly, maintenance, or use of such products and any claim based upon negligence, breach of warranty, contract or other legal theory. You accept for yourself the full responsibility and liability for any and all such damage, injury or death which may result. You further agree that any and all liability of Red Galaxy and its affiliates resulting from the selection, assembly, maintenance or use of this equipment shall be limited to the purchase price of any such equipment.
4. Risk of Loss
The risk of loss and title of all items purchased from BlackholeBoards.com passes to you upon our delivery to the carrier.
5. Disclaimer of Warranties
RED GALAXY AND ITS AFFILIATES MAKE ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY AND ALL PRODUCTS OFFERED ON THE WEBSITE. RED GALAXY AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE QUALITY, CONDITION, SAFETY, COMPATIBILITY, OR ANY OTHER FEATURE OF ANY PRODUCTS OFFERED FOR SALE ON THE WEBSITE.YOU EXPRESSLY AGREE THAT YOUR PURCHASE AND USE OF ANY PRODUCT ON THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RED GALAXY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Remedy
RED GALAXY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE SELECTION, ASSEMBLY, MAINTENANCE OR USE OF ANY PRODUCT SOLD FROM THIS OR ANY WEBSITE AFFILIATED WITH RED GALAXY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE SOLE AND EXCLUSIVE REMEDY FOR ANY LEGAL OR OTHER CLAIM IS EXPRESSLY LIMITED TO RETURN OF THE PURCHASE PRICE ONLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. Choice of Law
Pennsylvania law and controlling U.S. federal law govern any action related to any matter arising under the Agreement for the Sale of Goods. No choice of law rules of any jurisdiction apply. By purchasing from BlackholeBoards.com, You and BlackholeBoards.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Allegheny, Pennsylvania.
The failure of BlackholeBoards.com to exercise or enforce any right or provision of the Agreement for the Sale of Goods does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Agreement for the Sale of Goods to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement for the Sale of Goods remain in full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Agreement for the Sale of Goods are for convenience only and have no legal or contractual effect. >