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BUYER CAN SPEAK WITH THE SELLER

Buyer Disclaimer

In consideration of the risk of injury while participating in Complaint (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge The LP Business LLC and USAMALL.COM, located at their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

 

I am voluntarily participating in the activity, and I am participating in the activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in the activity which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this activity, including travel to, from, and during this activity.

 

I agree to indemnify and hold harmless LP Business Consulting LLC and USAMALL.COM against all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, in case of legal action being raised, poster (user) will be responsible for the plaintiff and defender’s attorney’s fees and any related costs if litigation arises under any claims made by me or by anyone else acting on my behalf of LP Business Consulting LLC and USAMALL.COM, incurs any of these types of expenses, I agree to reimburse LP Business Consulting LLC and or the and USAMALL.COM.

 

I acknowledge that LP Business Consulting LLC and USAMALL.COM, and their directors, officers, volunteers, representatives, and agents are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of LP Business Consulting LLC and USAMALL.COM.

 

I acknowledge that this activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, severe injury, and property loss. The risks may include but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition or participants, equipment, vehicular traffic, and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event.

 

I acknowledge that I have carefully read this “disclaimer, waiver, and release” and fully understand that it is a release of any liabilities. I expressly agree to the release and discharge of LP Business Consulting LLC and USAMALL.COM. and all of its affiliates, managers, members, agents, attorneys, staff, volunteers’ heirs, representatives, predecessors, successors, and assigns, from any claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring legal action against LP business consulting LLC and USAMALL.COM. for personal injury or property damage.

 

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of LP Business Consulting LLC and USAMALL.COM, its agents, and employees.

 

If I should require medical care or treatment, I agree to be financially responsible for any costs incurred because of such treatment. I am aware and understand that I should carry my health insurance.

 

If any damage to equipment or facilities occurs because of my or my family’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any costs associated with any actions of neglect or recklessness.

 

This Agreement was entered into at arm’s length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and LP Business Consulting LLC and USAMALL.COM agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted altering or explain the terms of this Agreement, but that it will be interpreted based on the language by the purposes for which it is entered.

 

If any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of this parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.

 

I, the undersigned participant, affirm that I am of the age of 18 years or older and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content, and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.

 

This User Agreement applies and addresses all devices used by the buyers including but not limited to mobile Application Terms of Use, and all policies and additional terms posted on and in our sites, applications, tools, and services (collectively “Services”) set out the terms on which USAMALL.COM offers you access to and use of our Services.  Mobile Application Terms of Use, all policies, and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all User Agreement terms when accessing or using our Services.

 

Members’ Policy:

 

1 –  USA MALL gives the Buyer the right to contact the Seller to collect information about the products purchased after registration and making an order.

 

2 – Buyers agree that USAMALL.SHOP may pass on to Sellers limited Buyers’ information when and if Buyers ask to contact the Seller.

 

3 –  Buyers lose the privilege of getting a partial or full refund from USAMALL.SHOP if they choose to contact the Seller.

 

Please be advised that this User Agreement contains provisions that govern how claims you and I have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B (“Agreement to Arbitrate”)). If you do not opt out:

 

(1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and

 

(2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) individually.

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