UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
KOOS - Kings of Old School, a New York corporation, ("Seller") hereby offers for sale to the buyer named on the face hereof ("Buyer") the products listed on the face hereof (the "Products") on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions in this agreement differ from the terms of Buyer's offer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyer's document. Buyer's receipt of Products provided hereunder will constitute Buyer's acceptance of this agreement. This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of the Products. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein. All orders are subject to acceptance in writing by an authorized representative of Seller.
I agree to allow the use or reproduction of any photo or video of myself and my team members to be used by the event promoter and to also abide by all current rules and regulations and accept all final decisions made by the officials. All the information I have provided during registration is true and correct.
The rules and/or regulations set forth herein are designed to provide for the orderly conduct of racing events and to establish minimum acceptable requirements for such events. These rules shall govern the condition of all events, and by participating in these events, all participants are deemed to have complied with these rules. NO EXPRESSED OR IMPLIED WARRANTY OF SAFETY SHALL RESULT FROM PUBLICATIONS OF OR COMPLIANCE WITH THESE RULES AND OR REGULATIONS. They are intended as a guide for the conduct of the sport and are in no way a guarantee against injury or death to a participant, spectator, or official.
The race director shall be empowered to permit reasonable and appropriate deviation from any of the specifications herein or impose any further restrictions that in his/her opinion does not alter the minimum acceptable requirements. NO EXPRESSED OR IMPLIED WARRANTY OF SAFETY SHALL RESULT FROM SUCH ALTERATION OF SPECIFICATIONS. Any interpretation or deviation of these rules is left to the discretion of the officials. Their decision is final.
Buyer may cancel an Order prior to shipment provided Seller approves a cancellation. Buyer shall pay all of Seller’s costs, losses and anticipated profits relating to such cancellation. Seller shall have the right to cancel the agreement upon prior notice to Buyer and upon such cancellation shall have no further duties or obligations to Buyer hereunder.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SELLER HAVE ANY LIABILITY OF ANY KIND TO BUYER OR ANY OTHER PERSON, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER THEORY OF LAW, FOR: (a) INDEMNITY (OTHER THAN AS EXPRESSLY PROVIDED IN SECTION 9(b)); ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST TIME AND CONVENIENCE, COST OF A PRODUCT RENTAL, LOST REVENUES, LOSS OF USE, INTEREST OR CARRYING CHARGES ON INVESTMENT, EXPENSES ARISING FROM COSTS OF CAPITAL, REMOVAL OR REINSTALLATION, TRAVEL OR LODGING, UNDER-UTILIZATION OF LABOR, EQUIPMENT OR FACILITIES, OR ANY DAMAGES OF ANY KIND COVERED BY INSURANCE HOWEVER CAUSED (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE); OR (c) ANY OTHER LOSSES, DAMAGES OR INJURIES OF ANY KIND TO BUYER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, INJURY TO ANY PERSON OR ANY PROPERTY; RESULTING FROM OR ARISING OUT OF, WHETHER DIRECTLY OR INDIRECTLY, ANY OF THE FOLLOWING (PROVIDED, HOWEVER, (3) BELOW IN THIS SECTION 11 SHALL NOT APPLY WITH RESPECT TO SECTION 9(c) ABOVE): (1) ANY ACT OR OMISSION OF ANY KIND HEREUNDER BY BUYER OR ANY OTHER PERSON; (2) ANY USE OF THE EQUIPMENT (OR ANY COMPONENT THEREOF) BY BUYER OR ANY OTHER PERSON; (3) ANY PERFORMANCE, NONPERFORMANCE OR DELAY IN PERFORMANCE BY SELLER OF ANY OF ITS OBLIGATIONS UNDER THE AGREEMENT; OR (4) ANY BUYER REPRESENTATION, WARRANTY OR GUARANTEE RELATED TO SUBSECTIONS (1)-(3) ABOVE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL: (I) THE AGGREGATE COST BORNE BY SELLER FOR ANY REPAIR, REPLACEMENT OR MODIFICATION OF ANY EQUIPMENT EXCEED THE EQUIPMENT PURCHASE PRICE PAID BY BUYER FOR SUCH EQUIPMENT; AND (II) SELLER’S AGGREGATE LIABILITY TO BUYER AND ANY THIRD PARTY FOR LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR PURSUANT TO THE AGREEMENT OR THE USE OF THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, INJURY TO ANY PERSON OR PROPERTY, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY, EXCEED THE AGGREGATE PURCHASE PRICE PAID TO SELLER IN GOOD FUNDS FOR THE EQUIPMENT THAT IS SUBJECT TO THE APPLICABLE CLAIM.
(a) Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller's prior written consent, and any such attempted delegation or assignment shall be void. (b) The rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of New York without reference to its choice of law provisions. Each party hereby irrevocably consents to the exclusive jurisdiction of an appropriate state court located in Erie County, New York or an appropriate federal court sitting in Erie County, New York in any action arising out of or relating to this agreement and waives any other venue to which it may be entitled by domicile or otherwise. (c) In the event of any legal proceeding between the Seller and Buyer relating to this agreement, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a right to a trial by jury. Any action arising under this agreement must be brought within one (1) year from the date that the cause of action arose. (d) The application to this agreement of the U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded. (e) In the event that any one or more provisions contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially changes the bargain. (f) Seller's failure to enforce, or Seller's waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision. (g) Unless otherwise expressly stated on the Product or in the documentation accompanying the Product, the Product is intended for research only and is not to be used for any other purpose, including without limitation, or unauthorized commercial uses. (h) Buyer agrees that all pricing, discounts and technical information that Seller provides to Buyer are the confidential and proprietary information of Seller. Buyer agrees to (1) keep such information confidential and not disclose such information to any third party, and (2) use such information solely for Buyer's internal purposes and in connection with the Products supplied hereunder. Nothing herein shall restrict the use of information available to the general public. (i) Any notice or communication required or permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by certified mail, postage prepaid, to a party at the address specified herein or at such other address as either party may from time to time designate to the other.
Seller currently accepts the following online methods of payment: Visa, MasterCard, American Express and Discover. By submitting an order through Seller, Buyer authorizes Seller, or its designated payment processor, to charge the account specified for the purchase amount. The receipt of an order confirmation does not constitute Seller’s acceptance of an order. Prior to Seller’s acceptance of an order, verification of information and approval of the order may be required. Seller reserves the right to reject any order or purchase at any time. Buyer must be an authorized user of the credit card and must accurately provide the cardholder’s name, account number, expiration date, CVV2 Code and address where the credit card statement is shipped to. Buyer authorizes Seller to charge the amount requested to the provided credit card. If a charge is declined or reversed by the credit card issuer or network, Buyer agrees to pay Seller a reasonable service charge and to reimburse Seller for all reasonable costs of collection. All payments are to be made in United States Dollars.