This agreement is entered into between you (“You”, “Your”) and Reviver MX, Inc. (“Company, “we” or “us”). The following terms and conditions, together with any documents they incorporate by reference are referred to herein as the “Agreement.” This Agreement is not a sales contract. [The Company reserves the right to change or update terms of this Agreement.]
This Agreement becomes effective when the terms of this Agreement are accepted by You clicking the “Reserve Now” button or ordering directly from a Company representative and You making a valid Payment.
Once this Agreement becomes effective, You will be added to a Reservation List. Your reservation by no means guarantees You a specific position or priority in the Reservation List. Your approximate priority in the Reservation List shall be determined at our sole discretion. This Agreement does not constitute an agreement for the sale of any Company product, and does not fix any pricing or an estimated delivery date. You are under no obligation to purchase an rPlate and we are under no obligation to sell You an rPlate.
Around the time we are ready to process Your reservation, we will prepare a Purchase Order indicating the final price of Your rPlate and other applicable taxes and fees. The Purchase Order will govern the sale and purchase of the rPlate. If You proceed with the Purchase Order, You will have the option to apply Your Payment towards the Purchase Order payment. Until that point, Your reservation can be cancelled at any time, either by us or by You for any reason, in return for the full Payment to You. We are under no obligation to present You with an option to place a Purchase Order.
Limitation of Liability
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL THE COMPANY HAVE ANY LIABILITY FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ANY INDIRECT DAMAGES (INCLUDING BUSINESS INTERRUPTION, LOSS OF FUTURE REVENUE, INCOME OR PROFITS, LOSS OF BUSINESS REPUTATION OR OPPORTUNITY OR LOSS OF CUSTOMERS, GOODWILL, USE OR INCOME), REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE OR ANY OTHER THEORY, AND REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF, ANTICIPATED OR FORESEEN THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S MAXIMUM LIABILITY ARISING UNDER OR IN RELATION TO THIS AGREEMENT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE PAYMENT MADE BY YOU UNDER THIS AGREEMENT.
We will not hold Your Payment in escrow or trust. We will not pay any interest on your Payment.
This Agreement is not transferable or assignable by You without prior written permission from the Company.
All matters relating to this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.
At Company's sole discretion, it may require You to submit any disputes arising from this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
We may disclose aggregate information that You provide without restriction. We may disclose personal information that we collect or You provide to: (1) our subsidiaries and affiliates; (2) contractors, service providers, and other business partners; (3) to a buyer or other successor in interest; (4) other third parties with Your consent; and (5) third parties as permitted or required by law.