TERMS OF SERVICE
This website is operated by B-POTENT, LLC. Throughout the site, the terms “we”, “us” and “our” refer to B-POTENT, LLC. B-POTENT, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - OFFER ACCEPTANCE; ENTIRE AGREEMENT
These Terms and Conditions of Service (the “Agreement” or the “Terms”) are incorporated by reference into all sales made by B-Potent, LLC (“Seller”) for any and all products or services (together, the “Goods”) being sold by Seller to buyer (“Buyer”). These Terms and Conditions of Service shall supersede all prior understandings, transactions and communications, whether written or oral, between the parties with respect to the subject matter hereof and shall form the complete contract between Seller and Buyer. These Terms and Conditions of Sale shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. SELLER’S ACCEPTANCE OF ANY OFFER MADE BY BUYER TO PURCHASE GOODS IS EXPRESSLY CONDITIONED UPON BUYER’S ASSENT TO THESE TERMS AND CONDITIONS. Any modification, alteration, amendment, additional or conflicting term contained in Buyer’s order form or other written or oral communication is hereby objected to and rejected, and shall not be binding upon Seller unless otherwise specifically agreed to in writing by an authorized management-level representative of Seller. The terms and conditions contained herein may be modified or canceled by Seller at any time prior to acceptance.
SECTION 2 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
IF BUYER IS DETERMINED, IN OUR SOLE DISCRETION, TO HAVE MADE A PURCHASE UNDER FALSE PRETENSE IN ANY WAY BY OBFUSCATING THE REASON FOR PURCHASE, PURPORTING TO HAVING PURCHASED IN “GOOD FAITH” AS A MEANS OF CORPORATE ESPIONAGE, MARKET RESEARCH OR ANY OTHER REASON APART FROM A LEGITIMATE CAUSE, THIS WILL VOID BUYERS RIGHT TO RETURN PRODUCT UNDER SECTION 18 OF THESE TERMS.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall B-POTENT LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
IN NO EVENT SHALL SELLER, ITS AFFILIATES, SUPPLIERS AND SUBCONTRACTORS, BE LIABLE TO BUYER OR TO ANY THIRD-PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTION, DOWNTIME COSTS OR DELAYS, OR ANY PENALTIES, WHETHER ANY SUCH CLAIM IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SELLER HAD NOTICE OF SUCH POTENTIAL CLAIMS AND TO THE MAXIMUM EXTENT ALLOWED BY LAW. SELLER’S LIABILITY IN ANY CLAIM OR FOR ANY LOSS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT, THE SALE OF OUR PRODUCT, OR THE PERFORMANCE OR BREACH THEREOF, OR FROM ANY DESIGN, SALE, INSTALLATION, OPERATION OR USE OF THE GOODS, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID TO SELLER BY BUYER FOR THE SPECIFIC GOODS OR PART THEREOF. BUYER ACKNOWLEDGES THAT BY ACCEPTING THESE TERMS AND CONDITIONS, HE/SHE IS WAIVING THEIR RIGHTS TO BRING ANY ACTION SEEKING RECOVERY OF MORE THAN THE PURCHASE PRICE VALUE OF THE DEVICE OR PRODUCT THEY PURCHASED FROM SELLER.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Seller and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - DELIVERY
Delivery of the Goods described herein shall be FOB Origin, Freight Prepaid and Charged Back (i.e., Seller pays freight and adds it to invoice; Buyer bears freight, handling and processing costs; Buyer owns goods in transit). Seller will use commercially reasonable efforts to meet the scheduled dates for shipment and delivery, but does not guarantee any delivery or completion date. Seller shall not be liable for any loss, damage, expense or charge of any kind resulting from delay in shipment or delivery. The date on which a delivery carrier marks your product “delivered” is considered the “delivery date.”
SECTION 17 - INSPECTION/ACCEPTANCE OF GOODS
Buyer shall be responsible for inspecting all Goods prior to acceptance; provided, however, that if Buyer has not given Seller written notice of rejection within five (5) business days following receipt by Buyer, the Goods shall be deemed to have been accepted by Buyer.
SECTION 18 -RETURN POLICY
a) Requests must be made within 45 days of purchase date. Upon acceptance of request, the Device needs to be verified and returned to Seller’s building within 50 days. Seller will not issue refunds for products purchased through other entities, such as distributors or retail partners; nor for any damaged goods. Defective units are covered under Seller’s one year limited warranty policy will be replaced at Seller’s expense.
Return may be subject to return fee is product is in used condition.
b) A copy of the B-Potent credit card purchase receipt or a copy of the original invoice may be requested prior to Seller’s Customer Service issuing a Return
c) Unit must be in like-new condition and returned in original packaging with all original accessories, literature and other components. Seller reserves the right to reject any
refund request if the product is received damaged , over-used or if any accessories, literature or other original components are missing. Seller requires photos of unit prior to RMA number being issued, these photos can be attached to the RMA request email.
d) A Return Authorization (RMA) number must be obtained prior to returning the product; to request an RMA number, please email firstname.lastname@example.org, and attach the RMA request form.
e) Please mark with the RMA number on the outside of the package.
f) A copy of the credit card purchase receipt, and a copy of the original invoice, should be placed inside the return package so that it is easily visible. Products received without an RMA number and the required documentation as specified above may not be accepted or processed for return. Products received that do not meet the above return criteria may be returned to the customer via ground shipment without signature required. Buyer may be responsible for shipping costs for returning the product to Seller. Product should be shipped so that it can be tracked and/or insured; Seller is not responsible for products lost or damaged during return shipment. Shipping charges may be nonrefundable, and returns are subject to a return fee that will not exceed 30% of the full retail price of the product. Funds will be credited within 15 business days of receipt of returned product pending qualification and subject to the above criteria.
SECTION 19- WARRANTY
Seller warrants to Buyer that the Goods shall be free from defects in material and workmanship for the warranty period specified within Seller’s quotation and/or Order Acknowledgement for the Goods (such warranty period shall commence from the date of the original shipment of the Goods); as to services provided by Seller, such services shall be carried out with the same degree of reasonable care and reasonable skill which is standard within the industry. Manufacturer’s warranties will be passed through Seller to Buyer if allowable. All warranty claims must be made by written notice to Seller within the specified warranty period. This warranty is contingent upon the following: (i) Buyer establishes that the Goods have been properly installed, maintained and operated within the limits of their intended and normal usage; (ii) upon Seller’s request, Buyer will return to Seller, at Buyer’s expense and subject to Seller’s direction, any defective Goods or parts thereof; and (iii) Seller promptly receives written notice of any defect and such defect is verified upon return of the Goods to Seller at Buyer’s expense or upon inspection by an authorized representative of Seller at Seller’s option. If Buyer, after delivery, modifies, alters, substitutes or changes any of the Goods acquired from Seller, then Seller’s warranty with respect thereto shall be null and void and of no force and effect whatsoever. This warranty does not extend to: (i) defects due to misuse, abuse, neglect, (ii) Goods not used in accordance with normal operating and maintenance instructions, (iii) damage caused by corrosion or erosion, (iv) damage to Goods subject to wear and tear, (v) damage caused by Buyer’s failure to provide a suitable installation or operating environment for the Goods, (vi) damage caused by use of the Goods for purposes other than those for which they were designed, (vii) damage caused by disasters such as fire and other casualties, (viii) damage during shipment, (ix) damage caused by parts or components not manufactured by Seller, and (x) damage caused in transit initiated by Buyer after delivery has taken place. Goods replaced under the terms of this warranty are covered for the remainder of the original warranty term unless otherwise specified in writing by Seller. [See also Warranty Replacement Procedure, Section 11, below.] Unless otherwise specified, B-Potent, LLC offers Buyer a 1-year limited parts warranty on all purchases.
SECTION 20 - EXCLUSIVE REMEDY
If the conditions of Section 19 have been met, then Seller shall fulfill its warranty obligation by, at its option, (1) replacement of the Goods or parts thereof, (2) repair the Goods or parts thereof, or (3) refund of the purchase price paid for such defective Goods. B-Potent, LLC does not guarantee any particular course of action in the fulfillment of any warranty obligation.
SECTION 21 - DISCLAIMER
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY, PERFORMANCE AND DESIGN, WRITTEN OR ORAL, EXPRESSED OR IMPLIED; ALL OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY SELLER AND ALL GOODS MANUFACTURERS.
SECTION 22 - WARRANTY REPLACEMENT PROCEDURE
(a) Buyer must obtain prior approval from Seller, by way of a valid Return Materials Authorization form and number (“RMA”), before making any warranty returns and/or returning any Goods for warranty replacements; such approval must be sought within the documented warranty period for the particular Good(s), such warranty periods beginning on the date of original shipment by Seller or its supplier. A technical support call may be required before an RMA will be issued. (b) Buyer must ship Goods back prepaid and in an appropriate carton or container designed for such shipments, and, when applicable, also complete an RMA report. (c) Such returns must be received at the location designated on the RMA Form within ten (10) business days of the date an RMA was first sought from Seller. Any warranty return received by Seller without the RMA Form, or outside of the ten (10) business day period, will not qualify for warranty credit. (d) Buyer shall cooperate with reasonable requests at the time an RMA is reported, and during handling by Seller, by providing information including, but not limited to, full description of defect, serial number, identifying markings, and, if appropriate, photographs, etc. (e) A credit for a warranty return will only be issued when a warranty replacement is ordered from Seller (if available). If Buyer does not order a warranty replacement from Seller then any credit allowed will be at the sole discretion of Seller. (f) If a defect is confirmed by Seller or its supplier during evaluation, a credit will be issued fifteen (15) business days of the confirmation, such time being necessary to allow for evaluation and processing (NOTE: certain returns, evaluation and credits may take longer due to a longer period of time needed for testing).
SECTION 23- FORCE MAJEURE
Seller shall not be liable for any delay in performance or nonperformance which is due to (i) war, fire, flood, acts of God, acts of third parties, acts of terrorism, acts of governmental authority or any agency or commission thereof, accident, breakdown of equipment, or similar or dissimilar causes beyond its reasonable control including, but not limited to, those interfering with production, supply or transportation of the Goods or components, (ii) Seller’s ability to obtain, on terms it deems reasonable, labor, parts, equipment or transportation, or (iii) acts or omissions of third-parties including, but not limited to, causes of action resulting from personal injury or property damage.
SECTION 24- INDEMNIFICATION FOR INFRINGEMENT
If Goods supplied by Seller are used by Buyer to infringe, or such use is alleged to infringe, any patent, copyright, or other intellectual property right of another, or if Goods supplied by Seller pursuant to Buyer’s designs or specifications infringe or are alleged to infringe any patent, copyright or other intellectual property right of another, Buyer shall indemnify, defend and hold Seller harmless from and against all damages, liabilities and costs incurred or suffered as a result of such alleged or actual infringement.
SECTION 25- LEGAL
(a) Complete Agreement – This Agreement supersedes all prior agreements and understandings, oral or written, relating to the Goods and the subject matter hereof, and constitutes the entire agreement between the parties related to such Goods and subject matter.
(b) Amendments; Modifications – No amendments or modifications of this Agreement (other than updated Terms & Conditions of Sale posted by Seller with a new Effective Date) shall be binding or effective unless in writing and signed by both parties, including an authorized management level representative of Seller.
(c) Severability – If a provision of this Agreement is held to be invalid or unenforceable, the Agreement shall continue in full force and effect and shall be construed as if the invalid or unenforceable provision (or a portion thereof) was omitted.
(d) Waiver – No waiver of any breach of the Agreement shall be construed as a waiver of any prior, concurrent, or subsequent breach thereof.
(e) Assignment – Neither this Agreement nor any rights or benefits hereunder are assignable by Buyer without the prior written consent of Seller; Any such prohibited assignment shall be null and void.
(f) Compliance; Attorneys’ Fees – Seller’s catalog(s) and/or other electronic or online platform(s) are offered as an as-is service for convenience, and Buyer represents that Buyer has and will comply with all applicable laws and regulations in the purchase, re-sale and/or use of the Goods, and that Buyer has all requisite authority and right to purchase, resell and/or use the Goods. B-Potent, LLC is not responsible for purchases outside of Buyer’s authority, right to purchase, and/or Buyer’s compliance with any applicable laws. In the event that Seller is the prevailing party in any action BETWEEN THE Buyer and seller, or in a collections action or proceeding between Seller and Buyer, Buyer shall be liable to Seller for all costs, including reasonable attorneys’ fees, incurred by Seller with respect to such action, proceeding or arbitration.
(g) Governing Law – This Agreement shall be exclusively governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law provisions. Unless agreed upon otherwise in a writing signed by both parties, this Agreement and the rights and obligations of the parties hereto, shall not be governed by the provisions of the United Nations Convention for the International Sale of Goods (CISG). All causes of action under this Agreement shall expire unless brought in a court of law located in Bergen County, New Jersey, to which Buyer does hereby consent to personal jurisdiction. Seller shall not be required to perform its obligations if Buyer has defaulted on its obligations or any other contract involving Seller (e.g., failed to pay). Seller shall have all other rights and remedies conferred by law. Buyer agrees that any litigation initiated either by Seller or Buyer shall be venued only in a court located in Bergen County, New Jersey, United States, and waives any argument that personal jurisdiction and/or venue in such forums is not proper or convenient. Seller and Buyer also agree that all actions must be non-jury actions and understand that they are waiving their right to a jury trial.
(h) No Class or Representative Proceedings: Class Action Waiver - YOU AGREE THAT YOU, AND ANYONE ACTING ON YOUR BEHALF OR PURSUANT TO THIS AGREEMENT, MAY ONLY BRING OR FILE A LEGAL CLAIM AGAINST THE SELLER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both Buyer and Seller agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim subject to these Terms & Conditions. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
SECTION 26 - THIRD PARTY RIGHTS
You acknowledge and agree that other than as set out in this section, the Terms & Conditions are not intended to grant rights to anyone except you and B-Potent, LLC, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.