This is a legal agreement (“Agreement”) among you and Harness By Hextall LLC, an Ohio Limited Liability Company and its subsidiaries, affiliates, designees, successors and assigns (collectively “Harness By Hextall”, and sometimes referred to as “HBH LLC”, “we”, “us” or “our” and we may be contacted at c/o Law Office of Ambrose Moses, III 1900 Polaris Pkwy #450-017, Columbus, OH 43240.) Please review this Agreement carefully, including the Arbitration of Disputes provision in Section 10, which describes how Disputes (as defined below) shall be resolved between us.
The Payment Plan. As a convenience, Harness By Hextall is offering the option to first reserve, then later purchase any of it's complete Ford Sync 3 conversion kits (the “Payment Plan”) in installments and over a fixed period of time as specified and pursuant to applicable terms and conditions. Specifically, your purchase will be broken into 8 (eight) payments of $237.38 which shall be made prior to commencement of any product delivery or fabrication. The payments listed above do not include service charges, state taxes and fees. If, for any reason, any of your payments are late by 12 hours, declined, in whole or in part, then ALL OF THE FOLLOWING WILL APPLY: (i) your order will be permanently and officially cancelled, following our email notification to you of the failed payment attempt(s) and following an opportunity by you to update the credit card information on file within 10 calendar days of our initial notification(s) of such payment failure; (ii) we will retain a 20% restocking fee; (iii) the remaining portion of the initial deposits or prior payment(s) made by you shall NOT be refunded back to the credit card on file for the payment plan order; and (iv) no other payment plans may be enterded into between you and Harness By Hextall. You acknowledge and agree that, until ALL payments required hereunder are made in accordance with the terms and conditions set forth herein, your participation in the Payment Plan operates only as a product reservation and not as an actual product purchase. During the term of the Payment Plan, your order will be reserved until final payment is made, and ONLY at such time, shall your order be deemed to have been officially purchased and shall then be scheduled for delivery in accordance with our standard shipping, delivery and pick-up rules, terms and conditions.
Transaction Information. ALL SALES ARE FINAL AND NON-TRANSFERABLE, NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH. Payment Processing. The Payment Plan shall be MADE AVAILIABLE THROUGH OUR THIRD PARTY PAYMENT PROCESSOR, STRIPE. our authorized payment processor and as a Third Party Processor, as that term is later defined herein. All inquiries relating to either Payment Plan transactions as processed by STRIPE or to your participation in the Payment Plan must be directed to STRIPE. for handling. STRIPE. can be contacted using the below information:
510 Townsend Street
San Francisco, CA 94103-4918
Eligibility Requirements. In order to participate in Harness By Hextall's Payment Plan, you must be at least 18 years of age or older. Registration for, and use of, the Payment Plan Services shall be void where prohibited and participation in Harness By Hextall's Payment Plan shall only be available to pre-approved users. You may only participate in the Payment Plan if you intend to first reserve and later purchase your products using your credit card via our online payment systems. By virtue of your participation in Harness By Hextall’s Payment Plan, you may be directed to a third-party website(s) including without limitation, websites controlled and operated by independent processors, merchant and on-line payment processors and administrators, or fraud detection, monitoring and management service providers (“Third Party Processors”), among others, and you acknowledge that such Third Party Processors’ sites are not under the direct or indirect control of Harness By Hextall and that Harness By Hextall is not, and shall not be, held responsible for the handling or processing of any information obtained from or provided by you to such Third Party Processors or for any changes or updates to such Third Party Processors’ Terms and Conditions or to their websites. You additionally acknowledge and agree that all Third Party Processors may subject you to additional terms and conditions in addition to those set forth in this Agreement. Although Harness By Hextall and its Third Party Processors may occasionally use various ways of verifying information that you have provided, you nonetheless agree that Harness By Hextall and its Third Party Processors shall have no liability to you arising from any incorrectly verified information as verified by us, or any Third Party Processor. You further agree that Harness By Hextall will not be responsible or liable for any loss or damage whatsoever incurred by you as a result of any such dealings with Third Party Processors.
Disclaimer of Warranty. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. HARNESS BY HEXTALL PROVIDES THE PAYMENT PLAN ON AN “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE PAYMENT PLAN. IF ANY TERM OR PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID, ILLEGAL, OR OTHERWISE UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL NOT AFFECT THE OTHERWISE VALID TERMS OR PROVISIONS OR THE WHOLE OF THIS AGREEMENT. THE APPLICABLE TERMS OR PROVISIONS SHALL BE DEEMED MODIFIED TO THE EXTENT NECESSARY TO RENDER SUCH PROVISION ENFORCEABLE, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES WILL BE CONSTRUED AND ENFORCED ACCORDINGLY.
Limitation of Damages. IN NO EVENT WILL ULTRA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE THE PAYMENT PLAN PROVIDED BY THIRD PARTY PROCESSORS, EVEN IF ULTRA KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT IS FURTHER AGREED BY YOU THAT UNDER NO CIRCUMSTANCES WILL ULTRA’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNT OF $50.00 OR ITS EQUIVALENT.
Indemnification. You agree to indemnify, defend, covenant not to sue, and hold harmless Ultra and each of its officers, directors, employees, principals, agents and related third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs at the trial and appellate levels) directly or indirectly relating to or arising from any claim regarding (i) your use of or inability to use the Payment Plan, (ii) Ultra’s discontinuation of the Payment Plan service; (iii) your violation of any terms or conditions of this Agreement or your default of any or all of the payment terms associated with the Payment Plan, or (iv) your violation of any applicable laws, rules or regulations unless caused solely by our gross negligence or willful misconduct. Notwithstanding the foregoing, Ultra further reserves the sole and exclusive right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall fully cooperate with Ultra in asserting any available defenses.
Arbitration of Disputes. You and Harness By Hextall agree that any disputes arising from or relating to the the Payment Plan, or any relationship or dispute between you and Harness By Hextall or you and any company or person employed by or which is affiliated with Harness By Hextall, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the Ohio Arbitration code to the maximum extent permitted by applicable law. In no event shall you commence a chargeback dispute with your credit or debit card issuer relative to the Payment Plan purchased hereunder or regarding any amounts forfeited hereunder or similar charge reversal. You further agree that Harness By Hextall shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder. PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by an independant arbitrator located in Columbus, Ohio. Any proceeding to enforce this arbitration agreement must be brought in the state court or, if jurisdiction permits, in the U.S. District Court in the Southern District of Ohio or in any Ohio court of competent jurisdiction with venue lying in Franklin County, to the exclusion of all other forums. This contract shall be governed and construed in accordance with the laws of Ohio, excluding any Ohio choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of Ohio, excluding any choice-of-law principles.
Right to Seek Injunction. Violation of this Agreement by you shall cause Harness By Hextall irreparable harm, and you therefore agree that Harness By Hextall will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to, and without prejudice to, any other rights or remedies that Ultra may have for a breach of this Agreement. Miscellaneous. This Agreement, which you accept upon use of the Payment Plan, comprises the entire agreement between you and Harness By Hextall regarding the Payment Plan and which supersedes any prior agreements between you and Ultra related to the Payment Plan. Unless otherwise explicitly stated, this Agreement will indefinitely survive termination of the Payment Plan. The failure of Harness By Hextall to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
YOUR FIRST PAYMENT UNDER THE PAYMENT PLAN DESCRIBED HEREIN SIGNIFIES THAT YOU HAVE READ AND AGREE TO THE ABOVE TERMS AND CONDITIONS AS ALLOWED BY LAW.