Warranty Disclaimers
Your use of the website and products/services are at the sole risk by You. The website and the services/products it offers shall be provided on an “as is” and/or “as available” basis, unless otherwise set forth in separate contractual terms between You and us. We, our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability/Indemnity
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You agree that we, and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any damages, whether direct, indirect, consequential, or punitive, including without limitation loss of data or profits, arising out of or related to your use of our website and you agree to indemnify and hold harmless Buckley Performance (https://www.buckleyperformance.com/) and its affiliates, officers, directors, agents, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our website, your violation of these terms and conditions, or your violation of any rights of another.
The information provided on this website is not intended to be a substitute for professional advice or judgment. You should seek the advice of a qualified professional before relying on any information presented on this website.
Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the United States/Texas, and any disputes arising out of or related to your use of our website shall be subject to the exclusive jurisdiction of the courts of Houston, TX. The laws of the State of Texas shall govern any dispute arising out of or related to your use of our website without regard to choice of law principles.
Entire Agreement
These terms and conditions constitute the entire agreement between you and us related to your use of our website. You have not relied on any representations in choosing to access and to continue to access our website.
Severability
The terms and conditions set forth here are severable. Should we fail to exercise or enforce any right or provision of these terms and conditions, such failure shall not constitute a waiver of such right or provision. Further, should it be determined by any court of competent jurisdiction that any terms or provision herein contained is unenforceable or unlawful, it is the intent of you and us that the intentions of these terms and conditions shall be unforced to the fullest extent of the law.
Statute of limitations
Regardless of the Statute of limitations of the jurisdiction in which you reside, you acknowledge, understand, and agree that any action or claim arising out of or related to your use of our website, you must bring such claim within one year after any such claim or cause of action arose, or the claim shall be forever barred.