Terms and Conditions of Use of Website & Terms and Conditions of Sale of Products
GET HYPOXIC, LLC
Terms and Conditions of Use of Website &
Terms and Conditions of Sale of Products
These Terms and Conditions of Use of Website and Terms and Conditions of Sale of Products (individually and collectively, the "Terms") are entered into by and between you and GET HYPOXIC, LLC, an Arizona limited liability company ("GET HYPOXIC"). These Terms apply to your access to and use of the GET HYPOXIC website at www.gethypoxic.com (the “Website”), GET HYPOXIC'S mobile services, software applications, email addresses, and other websites and services on which these Terms are posted or expressly referenced, and these Terms also apply to any purchase of goods or services made through the Website (individually and collectively, "GET HYPOXIC Services"), and intending to be legally bound, you and GET HYPOXIC hereby agree as follows:
Your access to and use of the GET HYPOXIC Services is subject to these Terms, as well as any modifications to them issued by GET HYPOXIC, and all applicable laws and regulations. BY USING THE GET HYPOXIC SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the GET HYPOXIC Services or purchase any products that may be offered for sale through our Services.
Among other things, the GET HYPOXIC Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the GET HYPOXIC Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the GET HYPOXIC Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
1. Changes in Terms. GET HYPOXIC shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the GET HYPOXIC Services or with respect to the purchase of any products that may be offered for sale through our Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the GET HYPOXIC Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by GET HYPOXIC to these Terms. ANY ACCESS OR USE OF THE GET HYPOXIC SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than GET HYPOXIC shall be valid or enforceable against GET HYPOXIC unless expressly agreed to by GET HYPOXIC in a writing signed by a duly authorized officer of GET HYPOXIC.
2. Termination. These Terms are effective until terminated by GET HYPOXIC. GET HYPOXIC may terminate these Terms without notice and at any time in connection with any of the GET HYPOXIC Services or in connection with the purchase of any products that may be offered for sale through our Services. In the event of termination, you are no longer authorized to access those GET HYPOXIC Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. GET HYPOXIC shall also have the right without notice and at any time to terminate some or all of the GET HYPOXIC Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the GET HYPOXIC Services or any feature or portion thereof, or to purchase any products that may be offered for sale through our Services.
3. Compliance with Laws. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the GET HYPOXIC Services and your purchase of products or services through them. You must be at least 18 years old to use the GET HYPOXIC Services and make purchases.
4. Content. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by GET HYPOXIC on or through the GET HYPOXIC Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content". The Content may contain errors, omissions, or typographical errors or may be out of date. GET HYPOXIC may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on GET HYPOXIC in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by GET HYPOXIC or by third parties that have licensed their use to GET HYPOXIC. You may view and use the Content only for your personal information and for shopping and ordering on or through the GET HYPOXIC Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, GET HYPOXIC does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the GET HYPOXIC Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by GET HYPOXIC, is strictly prohibited.
5. Linked Third Party Sites. Links to other Internet sites operated by third parties, including GET HYPOXIC vendors, do not constitute sponsorship, endorsement, or approval by GET HYPOXIC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by GET HYPOXIC, and GET HYPOXIC is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
6. Orders. Upon receipt of an order for a product, GET HYPOXIC may, at its option, acknowledge such receipt by providing to you an order acknowledgment or confirmation. No such order acknowledgment or confirmation shall be deemed to constitute GET HYPOXIC’S acceptance of such order or any portion thereof. Prior to GET HYPOXIC'S acceptance of an order, verification of information and approval of the order may be required. GET HYPOXIC reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from GET HYPOXIC, for any reason. GET HYPOXIC reserves the right to limit the order quantity on any item and to refuse service to any you without prior notification.
To the extent that any terms and conditions set forth in any such order acknowledgment or order confirmation or in any invoice delivered by GET HYPOXIC to you in connection with any sale of products hereunder (“Invoice”) are different from, inconsistent with or in addition to the Terms herein, such terms and conditions, together with those herein which are not different from or inconsistent with those in such order acknowledgment, confirmation, or Invoice, shall control and constitute the entire agreement and understanding of the parties with respect to the transactions contemplated thereby.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, GET HYPOXIC shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, GET HYPOXIC shall promptly issue a credit to your credit card account in the amount of the incorrect price.
GET HYPOXIC expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any product, and no such change in specifications shall affect any order of such product by you.
7. Prices. All prices displayed in the GET HYPOXIC Services are quoted in U.S. dollars. GET HYPOXIC may restrict delivery to addresses within the United States. GET HYPOXIC will add shipping and handling fees and may add applicable sales/use tax. GET HYPOXIC reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the GET HYPOXIC Services without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the GET HYPOXIC Services do not imply endorsement of that product or service, or constitute a warranty, by GET HYPOXIC.
8. Delivery and Inspection. The risk of loss and title for all products purchased by you and shipped by GET HYPOXIC pass to you upon GET HYPOXIC'S delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of GET HYPOXIC'S vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
GET HYPOXIC shall attempt in good faith to effect delivery approximately in accordance with the instructions set forth in your order or approximately on such other schedule as GET HYPOXIC may provide to the you in any order acknowledgment, confirmation, Invoice, or other response to an order, but GET HYPOXIC shall not be responsible or liable for any delays or failure in such delivery. GET HYPOXIC expressly reserves the right to effect delivery of products ordered in any number of separate shipments. Subject to your instructions as to carrier, delivery shall be effected using such modes of transport and such carriers as GET HYPOXIC shall deem appropriate. During any period of shortage of any product, GET HYPOXIC shall have the right to allocate its supply of such product among its customers, including you, pursuant to their respective orders and contracts in any manner GET HYPOXIC deems appropriate. GET HYPOXIC shall in no event be responsible or liable for any delay or failure to effect delivery due to any cause which is unavoidable or beyond GET HYPOXIC’S reasonable control and which prevents, impairs or adversely affects in any way GET HYPOXIC’S performance under any order, including but not limited to war, fire, flood, natural disaster, strike, labor dispute, act of God, governmental action, civil disturbance, accident, or inability to obtain or use materials, labor, equipment, facilities or transportation; in such cases, GET HYPOXIC shall have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
GET HYPOXIC accepts returns only within thirty (30) calendar days from the date of your receipt of merchandise. You shall arrange and pay to have the return shipped back to GET HYPOXIC. If a product consists of several parts, you must return all parts of the product in order to obtain a refund. Products returned under this Section 9 must be received by GET HYPOXIC in a “resalable condition”. “Resalable condition” means the Product has no sign of: use, wear and tear, cosmetic damage, or any other damage.
You must keep the original packaging and use it to repack a product for return
You agree that you shall not directly or indirectly: (i) modify, enhance, adapt, translate, make improvements to, create derivative works based upon, disassemble, decompile, reverse engineer, reduce to any human or machine readable form, or circumvent any technological measure that controls access to or permits derivation of the source code of, the software or any part thereof; (ii) reverse engineer the products, any part thereof, or any composition made using the products; (iii) rent, lease, sell, transfer, assign, or sublicense the rights granted hereunder, except in connection with the rental, lease, sale or transfer of the entire product; (iv) copy any part of the Software; (v) change, distort, or delete any patent, copyright or other proprietary notices which appear in writing on or in a Product (or in any copies of Software); (vi) operate or make use of the products in any way violative of applicable laws and regulations; and/or (vii) take or permit any other action which could impair GET HYPOXIC’S rights, or damage the image or reputation of quality inherent in the products, GET HYPOXIC’S business, reputation, intellectual property or other valuable assets or rights.
10. Limited Warranty for Turned On Product. This Limited Warranty applies ONLY to GET HYPOXIC’S hardware device known as Turned On by HYPOXIC -Visual Status Indicator for the GoPro Camera (the “Turned On Product”) and applies to sales in the United States after January 1, 2015. No limited warranty is extended to any sales made to consumers outside of the United States.
GET HYPOXIC represents and warrants to the first end-user of original Turned On Product that the Turned On Product shall materially conform to GET HYPOXIC’S published specifications in effect as of the date of delivery, subject to the terms and conditions below.
For a warranty claim to be valid (i) notification must be made before the end of the Warranty Period, as defined below; (ii) conform to any additional stipulations of the Warranty Period, as defined below; (iii) must be substantiated with original proof of purchase, including the serial number of the Turned On Product.
Claim Handling: (i) the remedy shall be repair or replacement of the non-conforming hardware Turned On Product or part(s) of hardware Turned On Product in a commercially reasonable time by GET HYPOXIC or its authorized representative as solely determined by GET HYPOXIC or its authorized representative and GET HYPOXIC retains the exclusive right to either repair or replace the unit with a "newly-overhauled" (NOH) unit or new unit at its sole discretion.; (ii) GET HYPOXIC shall bear the cost of repair and/or replacement and the shipping costs incurred therein provided, however, that the return is authorized via an RMA number and return instructions are followed; (iii) replacement parts or Turned On Product will either be new or refurbished and will be furnished on an exchange basis. If defective Parts are not returned, GET HYPOXIC shall bill for parts. All replaced parts or Turned On Product become the property of GET HYPOXIC. Consumable parts not covered are: LED assemblies, gaskets, and seals (“Consumables”, defined as disposable items, parts or components of the Turned On Product which are inherently subject to deterioration and wear out during the normal operation of the Turned On Product.)
Warranty Period: Ninety (90) days after the date of the first delivery of the Turned On Product to first End-User.
Exclusions: The limited warranty obligations do not cover physical damage sustained from improper handling during shipping as well as normal wear and tear in use of the Turned On Product. The limited warranty shall be voided if alleged Turned On Product failure was caused in whole or part by (i) unauthorized modifications, alterations or repair; (ii) parts or Consumables were installed and used that were not certified or approved by GET HYPOXIC or its designated representative; (iii) unusual physical or electrical stress; (iv) abuse, misuse, accident, neglect; (v) exposure to moisture, flooding, fire, electrical problems associated with incoming power or other acts not the fault of GET HYPOXIC; (vi) not adhering to GET HYPOXIC’S recommended maintenance procedures or failure to comply with Turned On Product instructions and/or documentation; (vii) to the extent allowed by applicable law, the Turned On Product has been removed from the country or region where it was originally sold by GET HYPOXIC or its designated representative. No coverage under the Limited Warranty will exist if GET HYPOXIC was not notified of the alleged defect or malfunction prior to the expiration of the Warranty Period. GET HYPOXIC shall make the final determination as to the existence and cause of any alleged defect.
How to get warranty service: To make a claim under this Limited Warranty, please contact the authorized seller where the Turned On Product was purchased, or, contact GET HYPOXIC Support (“Support”) at firstname.lastname@example.org. To make a claim under this warranty for purchases you made from authorized dealer in the United States, send the unit to the authorized dealer.
THIS LIMITED WARRANTY IS THE END-USER’S SOLE AND EXCLUSIVE REMEDY AGAINST GET HYPOXIC WHERE PERMITTED BY LAW. EXCEPT FOR THIS LIMITED WARRANTY, GET HYPOXIC MAKES NO OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, WITH REGARD TO THE PERFORMANCE OF ANY TURNED ON PRODUCT. WITHOUT LIMITATION OF THE FOREGOING, ALL IMPLIED WARRANTIES, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. GET HYPOXIC WAIVES ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, COLLATERAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE OR LOSS OF PROFITS, EVEN IF GET HYPOXIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. THE WARRANTY BECOMES VOID IF DAMAGE IS CAUSED BY EXTERNAL CIRCUMSTANCES OR IF THE UNIT HAS BEEN SERVICED OR REPAIRED BY THIRD PARTIES UNAUTHORIZED BY GET HYPOXIC LLC. ALL WARRANTY CLAIMS AFTER ACTION SPORTS ACCIDENTS, ARE EXCLUDED. GET HYPOXIC LLC HAS NO OBLIGATION TO HONOR ANY EXTENSION OF WARRANTY OR OTHER WARRANTY OFFERED OR EXTENDED BY ITS AUTHORIZED DEALERS. THIS LIMITED WARRANTY IS NOT TRANSFERABLE.
7. Disclaimer and Limitation of Liability as to the Website and Content. GET HYPOXIC MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE GET HYPOXIC SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. GET HYPOXIC ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE GET HYPOXIC SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GET HYPOXIC SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE GET HYPOXIC SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE GET HYPOXIC SERVICES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
UNDER NO CIRCUMSTANCES SHALL GET HYPOXIC, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE GET HYPOXIC SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF GET HYPOXIC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Disclaimer and Limitation of Liability as to Products and Services. GET HYPOXIC wants you to be completely satisfied with your purchase through the GET HYPOXIC Services. If for any reason you are not entirely pleased with a product you purchased through the GET HYPOXIC Services, simply return it within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY GET HYPOXIC ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, GET HYPOXIC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, GET HYPOXIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE GET HYPOXIC SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
UNDER NO CIRCUMSTANCES SHALL GET HYPOXIC, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE GET HYPOXIC SERVICES, EVEN IF GET HYPOXIC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GET HYPOXIC'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
9. Limitations of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL GET HYPOXIC OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, MANUFACTURERS, SUPPLIERS, LICENSORS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION OR PRODUCTION OF THE PRODUCTS (AS THIRD PARTY BENEFICIARIES) BE LIABLE FOR DIRECT DAMAGES INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER LOSSES OR LIABILITIES DIRECTLY RELATING TO THE PRODUCTS OR OTHERWISE ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THE USE OF PRODUCTS, IF AND TO THE EXTENT SUCH DAMAGES OR LOSSES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT(S) THAT GAVE RISE TO THE DAMAGES OR OTHER LOSSES OR LIABILITIES CLAIMED, OR ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ANY PRODUCTS INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, EXPRESS OR IMPLIED WARRANTY, TORT, PRODUCT OR OTHER STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE USER OF OUR PRODUCTS ACCEPTS THE RISKS INVOLVED IN ACTION SPORTS AS BEING INHERENTLY DANGEROUS AND THAT SOMETIMES ACTION SPORTS CAN CAUSE INJURY AND EVEN DEATH.
THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW; YOU SHALL REFER TO LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
10. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS GET HYPOXIC, GET HYPOXIC'S VENDORS, AND THEIR AFFILIATES AND RELATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES AND COURT COSTS), ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OR YOUR ACCESS TO OR USE OF THE GET HYPOXIC SERVICES OR USE OF THE PRODUCTS BEFORE, DURING OR AFTER ACTION SPORTS WITH THE PRODUCT.
THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE TERMINATION OF THESE TERMS AND THE OPERATION OF THE GET HYPOXIC SERVICES OR ANY PRODUCT OR SERVICE PROVIDED TO YOU ARISING OUT OF OR RELATING TO YOUR USE OF THE GET HYPOXIC SERVICES.
11. Dispute Resolution. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Phoenix, Arizona, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the District of Arizona in Phoenix. Use of the Website is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and GET HYPOXIC agree that any cause of action arising out of or related to the Website (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
12. Miscellaneous. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by GET HYPOXIC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
GET HYPOXIC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
You shall comply with all applicable laws, rules and regulations with respect to use of the Product, abide by all applicable foreign trade/export restrictions or similar rules, and not transfer, export or re-export the Product to Lebanon or any country that violates any applicable export controls administered by the United States of America.
Any waiver by GET HYPOXIC of the performance or breach of any provision hereof shall be in writing and executed by an authorized officer of GET HYPOXIC, and no such waiver shall constitute a waiver of the subsequent performance or breach of the same or any other provision.
These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of the State of Arizona, U.S.A., without regard to the choice-of-law principles thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement. Subject to Section 11, any action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the courts of the State of Arizona or the United States District Court for the District of Arizona in Phoenix.
GET HYPOXIC, LLC. All Rights Reserved.
Effective Date: December 23, 2014.