Transaction Information. ALL SALES ARE FINAL AND NON-TRANSFERABLE, NO REFUNDS, NO EXCHANGES, NO RESALE, NOT REDEEMABLE FOR CASH.
Payment Processing. Payments are made available through our third party payment processor, STRIPE. As a Third Party Processor, as that term is later defined herein. All inquiries relating to purchases or transactions as processed by STRIPE must be directed to STRIPE. for handling. STRIPE. can be contacted using the below information:
510 Townsend Street
San Francisco, CA 94103-4918
Disclaimer of Warranty. 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.
Indemnification. You agree to indemnify, defend, covenant not to sue, and hold harmless Harness By Hextall 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 products provided, (ii) your violation of any terms or conditions of this Agreement or (iii) your violation of any applicable laws, rules or regulations unless caused solely by our gross negligence or willful misconduct. Notwithstanding the foregoing, Harness By Hextall 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 Harness By Hextall in asserting any available defenses.
Arbitration of Disputes. You and Harness By Hextall agree that any disputes arising from or relating to your purchase, 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 charge back dispute with your credit or debit card issuer relative to goods and services purchased here under or regarding any amounts forfeited here under 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 here under. 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 independent 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, LLC 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 Harness By Hextall, LLC may have for a breach of this Agreement. Miscellaneous. This Agreement, which you accept upon payment of invoice, comprises the entire agreement between you and Harness By Hextall, LLC regarding purchases and which supersedes any prior agreements between you and Harness By Hextall, LLC related to the purchases. Unless otherwise explicitly stated, this Agreement will survive indefinitely. The failure of Harness By Hextall, LLC 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.