TERMS AND CONDITIONS OF SALE1. GENERAL
All sales by Freakrings.com are expressly limited to the provisions of this Agreement, including, the Standard Terms and Conditions of Sale, as set forth hereinafter, notwithstanding receipt or acknowl-edgement of Purchaser's order forms or conflicting oral representations by an agent or employee of Freakrings.com. No modification of this Agreement shall be binding on Freakrings.com unless in writing signed by an officer of Freakrings.com.
2. Minimum Age
Customer certifies that they are at least 18 years of age. 3. FORCE MAJEURE
Freakrings.com shall not be liable for any loss or damage resulting from any delay in the ship-ment of any product caused by postal delays, labor disputes, floods, fires, riots, war, acts of terrorism, theft, accidents, inability to obtain necessary labor, products, components, or fuel, acts of the government or any other cause which is beyond the reasonable control of Freakrings.com. When product is ready for shipment, and any act, omission, or request of Purchaser, for any reason whatsoever results in a delay of shipment of the product, Purchaser shall assume all the risk of loss or damage, and shall be responsible for all charges in connection with storage, if applicable. In the event of such delay, the date of delivery shall be regarded as the date when reported ready for shipment, and payments shall be made accordingly.
4. RISK OF LOSS
Title to all products and risk of loss shall pass to Purchaser upon shipping.
Purchaser shall inspect the product on arrival of the product at Purchaser's address. Within three (3) days after delivery, Purchaser must give Freakrings.com notice of any claim for damages on account of condition, quality or grade of the product, or quantity discrepancy, and Purchaser must specify the basis of the claim in detail. The failure of Purchaser to comply with these conditions shall constitute irrevo-cable acceptance of the product by Purchaser. If Freakrings.com, in its sole discretion, determines that the product is unsatisfactory, Freakrings.com will deliver instructions to the Purchaser for replacement of such product or portion thereof.
6. FINALITY OF SALES
Due to the personal nature of the products sold by Freakrings.com, all sales are final.
7. LIMITATION OF LIABILITY
FREAKRINGS.COM MAKES NO WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES. FREAKRINGS.COM EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FREAKRINGS.COM IS NOT RESPONSIBLE FOR ANY CONSEQUENCES OF PURCHASER'S USE OR MISUSE OF ANY PRODUCT PURCHASED FROM FREAKRINGS.COM. FREAKRINGS.COM EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY LOSS OF TIME, LOSS OF PROFITS, PERSONAL INJURY, PROPERTY DAMAGE, INCONVENIENCE, COMMERCIAL LOSS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE IN ANY MANNER WHATSOEVER FROM THE SUPPLY OF OR USE OF ANY PRODUCT PURCHASED FROM FREAKRINGS.COM.
8. LIMITATION OF ACTIONS
Any action against Freakrings.com must be commenced within one (1) year after the cause of action has accrued, subject to the below binding arbitration provisions.
9. BINDING ARBITRATION
In the event that a dispute arises concerning this Agreement and/or the sale of any product by Freakings.com, the dispute shall be submitted to binding arbitration through and pursuant to the rules of the American Arbitration Association or similar arbitration organization. By agreeing to arbitration, all parties waive their rights to court or jury trial. The party first filing shall have the right to select the Arbitration Association to hear the matter. All claims, including cross-claims and counter claims, must be brought in the arbitration or are hereby effectively waived. It is further understood that the arbitration will be administered by said arbitration association and will include the use of its arbitrators. The arbitration shall be held in Stark County, Ohio. All issues of arbitrability shall be determined solely by the arbitrator. All costs and/or fees of the arbitration shall be equally divided among the parties to the arbitration and all parties to the arbitration shall be solely responsible for paying their own attorneys fees.
Orders are not subject to cancellations or change in specifications, shipping schedules or other conditions originally agreed upon without Freakrings.com's written consent and then only upon Purchaser's agreement to compensate Freakrings.com for all loss incurred by such cancellation or change.
Purchaser's exclusive remedy and Freakrings.com's limit of liability for any and all losses or damages resulting from defective products or from any other cause shall be the replacement of the par-ticular product with respect to which losses or damages are claimed.
12. GOVERNING LAW
This contract and all rights and duties of Freakrings.com and Purchaser shall be governed by the laws of the State of Ohio.