TERMS AND CONDITIONS FOR THE PURCHASE OF A PROJUMP SUSPENSION STIRRUP SYSTEM

TERMS AND CONDITIONS
FOR THE PURCHASE OF A PROJUMP SUSPENSION STIRRUP SYSTEM

THIS IS FOR NORTH AMERICAN ORDERS ONLY
Contact us by EMAIL for International Orders

Offer and Acceptance.
This Purchase Agreement ("Agreement") between Moonraker Farm, Inc., dba ProJump ("Seller") and the Purchaser named above ("Buyer") shall be considered an offer by the seller for a ProJump^® Suspension Stirrup System ("Device") which has been accepted by the Buyer once the ACCEPT button has been pressed on this screen. This Agreement shall be electronically transmitted to the Seller, at which time its receipt shall bind the two parties to this Agreement.

Limited Warranty.
Seller warrants that subject to the limitation of liability and disclaimer set forth below, the Device will be free from known defects in materials and workmanship for a period of ninety (90) days from the date of delivery to Buyer. This limited warranty does not extend to any Device which has been subject improper use, misuse, abuse or accident. Seller's sole and exclusive liability and Buyer's sole and exclusive remedy hereunder shall be shall be limited to either: a) the repair or replacement of the Device; or b) the refund of the purchase price paid for the Device, at the Seller's option; however, Seller shall have no liability unless the Seller receives written notice of any claimed defect within the earlier of thirty (30) days from the date of discovery by the Purchaser/Rider or ninety (90) days from the date of delivery.

THE WARRANTY SET FORTH HEREIN CONSTITUTES THE ONLY WARRANTY OBLIGATION OF SELLER, EXPRESS OR IMPLIED, STATUTORY, BY OPERATION OF LAW OR OTHERWISE. SELLER DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND BUYER EXPRESSLY WAIVES ALL OTHER WARRANTIES.

DISCLAIMER: WAIVER: LIMITATION OF LIABILITY.
SELLER WILL NOT BE LIABLE TO BUYER OR THE RIDER/USER OR THEIR RESPECTIVE EXECUTORS, HEIRS, NEXT OF KIN OR ANY OTHER THIRD PARTY, FOR ANY DAMAGES IN ANY AMOUNT, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED ON TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY. IN NO EVENT SHALL SELLER'S LIABILITY ARISING OUT OF OR RELATING TO THE DEVICE EXCEED THE PURCHASE PRICE.

Acknowledgement: Indemnification: Limitation on Use.
By execution and acceptance of this Agreement, Buyer represents to Seller that he/she has the authority, on behalf of the rider/user to acknowledge and agree, and Buyer does hereby acknowledge and agree on behalf of himself/herself and the rider/user as follows: (a) the Device has been customized for the sole use of the rider/user based on the data, information and requirements of the rider/user which have been provided (above) to the Seller by the Buyer, (b) the Device may not be used by any person other than the rider/user, (c) horse sports involve inherent, dangerous risks of serious injury, property damage and/or death and the Device is not intended and is not designed to make the sport any less dangerous or to prevent injuries and/or death from resulting from the rider/user's participation in the sport, (d) if any person other than the rider/user shall use the Device, Seller shall have no obligation to repair, replace or refund the purchase price for the Device if required above and Seller shall have no liability for any damages resulting therefrom, and (e) it shall be the exclusive responsibility of Buyer and/or rider/user to inspect the Device for condition and suitability before each use and to use the Device in a reasonable manner and in strict conformity with the instructions provided with respect to the use of the Device and Seller shall be indemnified and held harmless for any and all claims for failure to use the Device in such manner.

Indemnification and Hold Harmless
Purchaser agrees to indemnify, defend and hold harmless Seller and/or seller's officers, directors, shareholders, employees, agents and representatives (collectively, "Seller Parties") from any claim, liability, cost or other expense ("Claims") arising out of or resulting from the use of such Device, as described herein and provided thereof, by any person other than the Rider/User as specified herein.

No Refund or Returns.
Except as specifically provided for herein, once the purchase price has been paid for the Device and the Device has been delivered to the Buyer, Buyer shall have no right to return the Device or request a refund from Seller.

Governing Law.
This Agreement shall be governed by and construed under the laws of the State of California without regard to conflict of law principles. Buyer consents to the jurisdiction of the federal and state courts in California and agrees that venue shall lie exclusively in San Diego County, California.

Entire Agreement.
This Agreement sets forth the entire understanding of the parties with respect to the Device and supersedes all other representations, communications and understandings between the parties.

The execution of this Agreement is performed by the Buyer pressing the "I ACCEPT" button below AND RECEIPT OF SELLER'S ACCEPTANCE will be as valid as if the Buyer had signed his or her name to the Agreement. The Buyer, by acceptance, therefore acknowledges and agrees that these terms, conditions, disclaimers and limitations shall form a part of this Agreement and are hereby incorporated into THIS AGREEMENT AS IF FULLY SET FORTH HEREIN. IN ADDITION, THE UNDERSIGNED AGREES TO SUCH PROVISIONS ON ITS OWN BEHALF AND ON BEHALF OF THE RIDER./USER IDENTIFIED, IF ANY, AND REPRESENTS THAT IT IS AUTHORIZED TO DO SO ON BEHALF OF SUCH RIDER/USER.

THIS IS FOR NORTH AMERICAN ORDERS ONLY
Contact us by email for International Orders

By clicking the I ACCEPT button, you express your approval of the above Terms and Conditions

PRESSING THE "I ACCEPT" BUTTON WILL CONTINUE WITH THE ORDER. A COPY OF THE TERMS AND CONDITIONS WILL BE INCLUDED WITH THE DEVICE.

IF YOU DO NOT PRESS THE "I ACCEPT" BUTTON
YOU WILL NOT BE ABLE TO COMPLETE YOUR ORDER ONLINE