Terms and Conditions of Purchase
I am at least 18 years of age (21 if required by law in the country, state or community
where I am) and any product that I request information on is lawful and acceptable
by the standards of the country, state and community where I am. I take full responsibility
for ensuring that this statement is true.
Always consult your physician before beginning any exercise program.
VIP TECH INC. and KegelMale.com (a.k.a. "Stud Trainer") shall mean and include its
predecessor entities, officers, agents, their predecessors, related companies or
entities, successors in interest, officers, directors, employees, agents, sub-contractors
VIP TECH INC. and KegelMale.com (a.k.a. "Stud Trainer") warrants to Purchaser for
a period of thirty seven (7) days from the date of delivery, that the Products, when
shipped to Purchaser by VIP TECH INC. and KegelMale.com (a.k.a. "Stud Trainer")
shall conform in all material respects to the specifications of VIP TECH INC. and
KegelMale.com (a.k.a. "Stud Trainer"), as provided on the VIP TECH INC. and KegelMale.com
(a.k.a. "Stud Trainer") website or in other literature provided to Purchaser by
VIP TECH INC. and KegelMale.com (a.k.a. "Stud Trainer"); provided, however, that
(a) the Products must be used under the prescribed conditions during such warranty
period and (b) Products are also subject to the appropriate limitations or restrictions
found in the specifications. EXCEPT FOR THE FOREGOING WARRANTY, KegelMale.COM DOES
NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCTS
OR THE PERFORMANCE OR NON-INFRINGEMENT THEREOF, DOES NOT MAKE AND HEREBY EXPRESSLY
DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, SPECIFICATIONS,
SUPPORT, SERVICE OR ANYTHING ELSE RELATING TO THE PRODUCTS AND DOES NOT MAKE ANY
WARRANTY TO PURCHASER, PURCHASER'S CUSTOMERS OR THEIR AGENTS CONCERNING THE PRODUCTS.
In addition, VIP TECH INC. and KegelMale.com (a.k.a. "Stud Trainer") does not warrant
that the use or sale of the products delivered hereunder will not infringe intellectual
property rights covering the product itself or the use thereof in combination with
other products or in the operation of any process.
PURCHASER ACKNOWLEDGES AND AGREES THAT VIP TECH INC. AND KEGELMALE.COM'S (a.k.a. "Stud Trainer") SOLE LIABILITY
AND PURCHASER'S SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL NOT EXCEED THE AMOUNT
PAID BY PURCHASER FOR SUCH PRODUCTS UNDER THE ORDER. SUCH LIMITATIONS ON VIP TECH
INC. AND KEGELMALE.COM'S (a.k.a. "Stud Trainer") LIABILITY HEREUNDER SHALL APPLY EVEN IF VIP TECH INC. AND
KEGELMALE.COM'S (a.k.a. "Stud Trainer") LIABILITY IS DUE IN WHOLE OR IN PART TO ITS OWN NEGLIGENCE. IN ORDER
TO OBTAIN SUCH REMEDIES, PURCHASER SHALL AFFORD VIP TECH INC. AND KEGELMALE.COM
PROMPT AND REASONABLE OPPORTUNITY TO INSPECT ALL PRODUCTS AS TO WHICH ANY CLAIM
IS MADE THAT SUCH PRODUCTS DO NOT CONFORM TO THE WARRANTIES PROVIDED HEREIN. AT
VIP TECH INC. AND KEGELMALE.COM's OPTION, AND A CONDITION TO ANY WARRANTY CLAIMS
HEREUNDER, PURCHASER SHALL ALLOW KEGELMALE.COM TO TAKE CONTROL OF SUCH PRODUCTS
AND DIRECT THEIR DISPOSAL. UPON RECEIPT OF SHIPPING INSTRUCTIONS FROM VIP TECH INC.
AND KEGELMALE.COM, PURCHASER SHALL RETURN TO VIP TECH INC. AND KEGELMALE.COM ALL
PRODUCTS ALLEGEDLY NOT CONFORMING TO THE SPECIFICATIONS. WAIVER OF LIABILITY
Purchaser is fully aware of the risks and hazards connected with the use of the
KegelMale, including the risk of physical injury or disability as the result of
such injury, and hereby assumes all RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY
that may be sustained, or any loss or damage to property as a result of using the
KegelMale, Purchaser hereby AGREES TO INDEMNIFY AND HOLD HARMLESS VIP TECH INC.
and KegelMale.com (a.k.a. "Stud Trainer") from any loss, liability, damage or costs
that may incur due to the use of the KegelMale trainer.
WAIVER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL VIP TECH INC. AND KEGELMALE.COM OR ITS AFFILIATES OR THEIR RESPECTIVE
OFFICERS, DIRECTORS, REPRESENTATIVES AND EMPLOYEES BE LIABLE TO PURCHASER OR ITS
AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, REPRESENTATIVES AND EMPLOYEES,
WHETHER BASED IN CONTRACT, TORT, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE GROUNDS,
FOR ANY LOSS OF THE INCOME, PROFIT OR SAVINGS OR COST OF CAPITAL OF PURCHASER OR
ITS AFFILIATES, FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY
EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, RESULTING FROM OR RELATING TO
THE ORDER OR THE PRODUCTS DELIVERED HEREUNDER.
PURCHASER'S USE OF PRODUCTS
VIP TECH INC. and KegelMale.com's (a.k.a. "Stud Trainer") products are intended
primarily for entertainment and research purposes and, unless otherwise stated on
product labels, on VIP TECH INC. and KegelMale.com's (a.k.a. "Stud Trainer") website
or in other literature furnished to Purchaser by KegelMale.com (a.k.a. "Stud Trainer"),
are not to be used for any other purposes, including but not limited to, medical
or physical therapy for humans or animals. Purchaser acknowledges that the products
have not been tested by KegelMale.com (a.k.a. "Stud Trainer") for safety and efficacy
in food, drug, medical device, cosmetic, commercial or any other use, unless otherwise
stated in VIP TECH INC. and KegelMale.com's (a.k.a. "Stud Trainer") literature furnished
to Purchaser. Purchaser agrees to comply with instructions, if any, furnished by
VIP TECH INC. and KegelMale.com (a.k.a. "Stud Trainer") relating to the use of the
products and not misuse the products in any manner. No products purchased from VIP
TECH INC. and KegelMale.com (a.k.a. "Stud Trainer") shall, unless otherwise stated,
be considered to be foods, drugs, medical devices or cosmetics. VIP TECH INC. and
KegelMale.com (a.k.a. "Stud Trainer") is not a medical device and has not been approved
by the United States Food and Drug Administration (FDA) nor has it received any
medical device clearances.
PURCHASER'S REPRESENTATIONS AND INDEMNITY
Purchaser represents and warrants that it shall use all products ordered in lawful
manner. Purchaser shall defend KegelMale.com (a.k.a. "Stud Trainer"), its employees,
agents, affiliates and contractors (the "VIP TECH INC. and KegelMale.com (a.k.a.
"Stud Trainer") Indemnitees"), and shall hold the VIP TECH INC. and KegelMale.com
(a.k.a. "Stud Trainer") Indemnitees harmless from and against all suits, actions,
or proceedings, at law or in equity, and from all claims, costs, damages, losses
and expenses (including, without limitation, attorney's fees, consultants' fees,
experts' fees) of third parties that are related to or in connections with (1) the
product sequences, if applicable, being wrongfully disclosed by Purchaser hereunder,
(2) infringement, misappropriation, and/or conversion which are the direct result
of VIP TECH INC. and KegelMale.com's (a.k.a. "Stud Trainer") possession and/or use
of such sequences disclosed by Purchase, if applicable, or (3) the death or bodily
injury of any third party or the damage, loss or destruction of any tangible personal
or real property arising from or related to Purchaser's use of the Products, or
its manufacture of sale of any products or utilizing the products.
RELATIONSHIPS OF THE PARTIES
No formal business organization or relationship of any kind is established by this
Agreement. The parties expressly agree that the relationship created by and arising
out of this Agreement is that of independent contractors entering into arms-length
transaction. Nothing contained in this Agreement is intended nor is to be construed
so as to constitute Purchaser and VIP TECH INC. and KegelMale.com (a.k.a. "Stud
Trainer") as partners, agents or joint ventures with respect to this Agreement.
Neither party hereto shall have any express or implied right or authority to assume
or create any obligations on behalf of or in the name of the other party or to bind
the other party to any Agreement or undertaking with any third party.
GOVERNING LAW; VENUE
This Agreement shall be subject to and construed in accordance with the laws of
the State of Florida without regard to conflicts to law principles, as may be applicable
to Agreements made and performed entirely in Florida. The exclusive venue for proceedings
arising under this Agreement shall be a court of competent jurisdiction in Broward