Terms and Conditions
SECTION 1 - DISCLAIMER OF WARRANTIES
The products sold at www.trulysensible.com (the “Products”) are provided “as is,” “as available, ” and “with all faults.” To the fullest extent permissible by law, owners of www.trulysensible.com, InBalance Solutions Inc., Oetz Systems Inc. and their subsidiaries, affiliates or the directors, officers, employees, or other representatives of each of them (collectively, “Releasees”) make no representation or warranties or endorsements of any kind whatsoever (express or implied) about the Products.
Further, Releasees disclaim any express or implied warranties including, without limitation, fitness for a particular purpose for the Products.
You recognize and confirm that the website www.trulysensible.com (“Website”) does not provide medical advice, information or recommendation of any kind and Releasees expressly disclaim that they are providing any such advice, information or recommendation. The statements on the Website have not been evaluated by the food and drug administration. The Products are not intended to diagnose, treat, cure or prevent any medical condition or disease.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement. In this event you understand and agree that Releasees limit liability in connection with your use of the Products as set forth below:
Under no circumstances shall Releasees be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to the Products, the use of, inability to use, or performance of the Products. In no event will the Releasees be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Releasees entities and individuals total liability to you for all damages, losses, or causes of action exceed One Hundred United States Dollars (USD$100).
SECTION 2 - ASSUMPTION OF RISKS
You are aware that use of the Products may involve risks and hazards including, but not limited to: allergic reaction, choking, potential for ticks and flea bites. The description of risks above is not complete and other unknown or unanticipated risks, inherent and otherwise, may be encountered. BY AGREEING TO THESE TERMS AND CONDITIONS YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING A RELEASE, AND WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE RELEASEE.
Your use of the Products is at your risk. If you are dissatisfied with the Products, your sole and exclusive remedy is to discontinue using the Products.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Releasees’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any development, production, distribution, advertising, exhibition or exploitation of any of the Products.
SECTION 3 - WAIVER AND RELEASE
YOU AGREE TO WAIVE ANY AND ALL CLAIMS THAT YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY THAT YOU OR YOUR DEPENDENTS MAY SUFFER, RESULTING FROM YOUR USE OF THE PRODUCTS, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES. YOU UNDERSTAND THAT NEGLIGENCE INCUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS OR HAZARDS RELATED TO USE OF THE PRODUCTS.
SECTION 4 - INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD RELEASEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS OR USE BY ANY THIRD PARTY.
SECTION 5 - GOVERNING LAW
This Terms and Conditions and its interpretation shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada, without regard to its conflicts of laws rules and specifically will not be governed by the United Nations Conventions on contracts for the international sale of goods, if otherwise applicable.
SECTION 6 - JURISDICTION AND VENUE
You waive all rights to trial by jury in any action or proceeding instituted in connection with this Terms and Conditions. Any controversy or claim arising out of or relating to this Terms and Conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Province of British Columbia, in the City of Vancouver, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this section for entering any judgment on an arbitration award, shall take place in the City of Vancouver. You waive the defense of forum non conveniens.
YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU ARE AWARE THAT BY PLACING YOUR ORDER YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU MAY HAVE AGAINST THE RELEASEES.