Without the obligation to do so, Marketer may assist and consult Customers from time to time regarding the Products and Services and may assist with communications with Third Party Providers regarding order placement and delivery scheduling. All Customer purchases will be subject to terms, conditions and agreements of the Third Party Providers.
MARKETER MAKES NO REPRESENTATIONS REGARDING ANY OF THE PRODUCTS OR SERVICES OF ANY THIRD PARTY PROVIDERS AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED WITH RESPECT TO THE PRODUCTS AND SERVICES INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MARKETER SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH (i) DEFICIENCY OR INADEQUACY OF ANY OF THE PRODUCTS AND SERVICES FOR ANY PURPOSE, WHETHER OR NOT KNOWN OR DISCLOSED TO CUSTOMER; (ii) USE OR PERFORMANCE OF ANY OF THE PRODUCTS AND SERVICES OR ANY USE RELATED THERETO OR USED IN CONNECTION THEREWITH; (iii) ANY INTERRUPTION OR LOSS OF USE IN CONNECTION WITH ANY OF THE PRODUCTS AND SERVICES OR ANY LOSS RELATED THERETO OR IN CONNECTION THEREWITH; (iv) PERSONAL INJURY OR PROPERTY LOSS, OR OTHER DAMAGES IN CONNECTION WITH ANY OF THE PRODUCTS AND SERVICES; (v) PERSONAL INJURY OR PROPERTY LOSS RESULTING FROM OR IN CONNECTION WITH THE ASSEMBLY OF ANY OF THE PRODUCTS AND SERVICES; OR (vi) ANY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE OF ANY KIND OR NATURE RESULTING FROM ANY OF THE FOREGOING.
If any Warranty is offered from any Third Party Providers for any of the Products and Services, Customer must deal directly with said Third Party Provider(s) regarding said Warranty. Customer may not return any of the Products and Services to Marketer regardless of any defects and must deal directly with said Third Party Provider concerning same.
If any Product from a Third Party Provider comes unassembled, Customer acknowledges and agrees that said Product must be properly assembled to provide safe use. If any of the Products are not properly assembled by Customer personal injury and/or damages to the Product could occur. If Customer is purchasing a Product which is already assembled, then, in such event, Customer is solely responsible for inspecting, determining and insuring that the Product is properly installed and that the installation of same does not compromise any structural component(s) and/or legal requirements.
Customer has been advised that the Products and Services may not meet (i) building, zoning, insurance or other requirements for certain areas, and (ii) child safety requirements. Children’s use of any of the Products and Services should be only under the strict supervision of Customer.
Customer has been advised that certain Products may require a building permit and/or approval from Customer’s Homeowners Association and/or insurance providers and/or other city, state or federal agencies having jurisdiction. Customer will be solely responsible for obtaining all necessary permits, approvals, insurance coverage or the like.
This Agreement is the entire Agreement between Marketer and Customer and will be governed by the laws of the State of Texas. Customer’s purchase of any of the Products and Services including use of the storenplay.com website is an acknowledgement and agreement of the terms and conditions outlined herein.