Terms and Conditions of Purchase
I am at least 18 years of age (21 if required by law in the country, state or community where I am) and any product that I request information on is lawful and acceptable by the standards of the country, state and community where I am. I take full responsibility for ensuring that this statement is true.
Always consult your physician before beginning any exercise program.
VIP TECH INC. and StudTrainer.com shall mean and include its predecessor entities, officers, agents, their predecessors, related companies or entities, successors in interest, officers, directors, employees, agents, sub-contractors and representatives.
VIP TECH INC. and StudTrainer.com warrants to Purchaser for a period of thirty seven (7) days from the date of delivery, that the Products, when shipped to Purchaser by VIP TECH INC. and StudTrainer.com shall conform in all material respects to the specifications of VIP TECH INC. and StudTrainer.com, as provided on the VIP TECH INC. and StudTrainer.com website or in other literature provided to Purchaser by VIP TECH INC. and StudTrainer.com; provided, however, that (a) the Products must be used under the prescribed conditions during such warranty period and (b) Products are also subject to the appropriate limitations or restrictions found in the specifications. EXCEPT FOR THE FOREGOING WARRANTY, StudTrainer.com DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS OR THE PERFORMANCE OR NON-INFRINGEMENT THEREOF, DOES NOT MAKE AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, SPECIFICATIONS, SUPPORT, SERVICE OR ANYTHING ELSE RELATING TO THE PRODUCTS AND DOES NOT MAKE ANY WARRANTY TO PURCHASER, PURCHASER'S CUSTOMERS OR THEIR AGENTS CONCERNING THE PRODUCTS. In addition, VIP TECH INC. and StudTrainer.com does not warrant that the use or sale of the products delivered hereunder will not infringe intellectual property rights covering the product itself or the use thereof in combination with other products or in the operation of any process.
PURCHASER ACKNOWLEDGES AND AGREES THAT VIP TECH INC. AND StudTrainer.com's SOLE LIABILITY AND PURCHASER'S SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY PURCHASER FOR SUCH PRODUCTS UNDER THE ORDER. SUCH LIMITATIONS ON VIP TECH INC. AND StudTrainer.com'S LIABILITY HEREUNDER SHALL APPLY EVEN IF VIP TECH INC. AND StudTrainer.com'S LIABILITY IS DUE IN WHOLE OR IN PART TO ITS OWN NEGLIGENCE. IN ORDER TO OBTAIN SUCH REMEDIES, PURCHASER SHALL AFFORD VIP TECH INC. AND StudTrainer.com PROMPT AND REASONABLE OPPORTUNITY TO INSPECT ALL PRODUCTS AS TO WHICH ANY CLAIM IS MADE THAT SUCH PRODUCTS DO NOT CONFORM TO THE WARRANTIES PROVIDED HEREIN. AT VIP TECH INC. AND StudTrainer.com's OPTION, AND A CONDITION TO ANY WARRANTY CLAIMS HEREUNDER, PURCHASER SHALL ALLOW StudTrainer.com TO TAKE CONTROL OF SUCH PRODUCTS AND DIRECT THEIR DISPOSAL. UPON RECEIPT OF SHIPPING INSTRUCTIONS FROM VIP TECH INC. AND StudTrainer.com, PURCHASER SHALL RETURN TO VIP TECH INC. AND StudTrainer.com ALL PRODUCTS ALLEGEDLY NOT CONFORMING TO THE SPECIFICATIONS. WAIVER OF LIABILITY
Purchaser is fully aware of the risks and hazards connected with the use of the KegelMale, including the risk of physical injury or disability as the result of such injury, and hereby assumes all RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY that may be sustained, or any loss or damage to property as a result of using the KegelMale, Purchaser hereby AGREES TO INDEMNIFY AND HOLD HARMLESS VIP TECH INC. and StudTrainer.com from any loss, liability, damage or costs that may incur due to the use of the KegelMale trainer.
WAIVER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL VIP TECH INC. AND StudTrainer.com OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES AND EMPLOYEES BE LIABLE TO PURCHASER OR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES AND EMPLOYEES, WHETHER BASED IN CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, FOR ANY LOSS OF THE INCOME, PROFIT OR SAVINGS OR COST OF CAPITAL OF PURCHASER OR ITS AFFILIATES, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, RESULTING FROM OR RELATING TO THE ORDER OR THE PRODUCTS DELIVERED HEREUNDER.
PURCHASER'S USE OF PRODUCTS
VIP TECH INC. and StudTrainer.com's products are intended primarily for entertainment and research purposes and, unless otherwise stated on product labels, on VIP TECH INC. and StudTrainer.com's website or in other literature furnished to Purchaser by StudTrainer.com, are not to be used for any other purposes, including but not limited to, medical or physical therapy for humans or animals. Purchaser acknowledges that the products have not been tested by StudTrainer.com for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use, unless otherwise stated in VIP TECH INC. and StudTrainer.com's literature furnished to Purchaser. Purchaser agrees to comply with instructions, if any, furnished by VIP TECH INC. and StudTrainer.com relating to the use of the products and not misuse the products in any manner. No products purchased from VIP TECH INC. and StudTrainer.com shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics. VIP TECH INC. and StudTrainer.com is not a medical device and has not been approved by the United States Food and Drug Administration (FDA) nor has it received any medical device clearances.
PURCHASER'S REPRESENTATIONS AND INDEMNITY
Purchaser represents and warrants that it shall use all products ordered in lawful manner. Purchaser shall defend StudTrainer.com, its employees, agents, affiliates and contractors (the "VIP TECH INC. and StudTrainer.com Indemnitees"), and shall hold the VIP TECH INC. and StudTrainer.com Indemnitees harmless from and against all suits, actions, or proceedings, at law or in equity, and from all claims, costs, damages, losses and expenses (including, without limitation, attorney's fees, consultants' fees, experts' fees) of third parties that are related to or in connections with (1) the product sequences, if applicable, being wrongfully disclosed by Purchaser hereunder, (2) infringement, misappropriation, and/or conversion which are the direct result of VIP TECH INC. and StudTrainer.com's possession and/or use of such sequences disclosed by Purchase, if applicable, or (3) the death or bodily injury of any third party or the damage, loss or destruction of any tangible personal or real property arising from or related to Purchaser's use of the Products, or its manufacture of sale of any products or utilizing the products.
RELATIONSHIPS OF THE PARTIES
No formal business organization or relationship of any kind is established by this Agreement. The parties expressly agree that the relationship created by and arising out of this Agreement is that of independent contractors entering into arms-length transaction. Nothing contained in this Agreement is intended nor is to be construed so as to constitute Purchaser and VIP TECH INC. and StudTrainer.com as partners, agents or joint ventures with respect to this Agreement. Neither party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any Agreement or undertaking with any third party.
GOVERNING LAW; VENUE
This Agreement shall be subject to and construed in accordance with the laws of the State of Florida without regard to conflicts to law principles, as may be applicable to Agreements made and performed entirely in Florida. The exclusive venue for proceedings arising under this Agreement shall be a court of competent jurisdiction in Broward County, Florida.