TKO Enterprises, Inc.

TERMS & CONDITIONS OF SALE AND AGREEMENT BETWEEN US

Effective Date of this Limited Warranty: December 14, 2011

Please review the following terms and conditions that govern your purchase from TKO Enterprises, Inc. ("TKO"). The terms and conditions of sale contained apply to all purchase orders accepted and sales made by TKO and will become a binding contract when accepted by the purchase of one or more of TKO's Products ("Agreement"). This Agreement sets out the exclusive terms and conditions that apply to all purchases accepted and sales made by TKO and can only be accepted on the terms set forth herein and no alterations or additions will be incorporated without the express written consent of TKO. TKO's failure to object to provisions contained in any communication from you will not constitute acceptance of those provisions. TKO conditions its offer or acceptance upon your exclusive assent to the terms and conditions of this Agreement, excluding all different or additional terms and conditions. No purchase of TKO products is effective unless in writing and subject to the terms and conditions of this Agreement. All purchases are subject to acceptance by TKO.

Please note that TKO ships merchandise F.O.B. Destination TKO's warehouses in or near Longmont, CO, meaning that TKO will pay for shipping within the continental United States. Additional shipping fees may apply for destinations outside the continental United States. All purchases are shipped via 'Ground' through a carrier of TKO's choice. This means that the product(s) becomes your responsibility when your purchased Product(s) are delivered.

Security and Privacy

Please see our website Privacy Policy at www.gooseguardian.com/about/privacy-policy/.

Online credit card orders are protected by PayPal secure online order process. If you would prefer not to put your credit card information on the online ordering area, you may e-mail our customer service department at info@gooseguardian.com who will contact you to enter the payment portion of your order over the phone.

Price and Payment

All prices and discounts, now in effect or hereafter issued are subject to change without notice. All prices are exclusive of sales, use, excise, withholding or any other taxes applicable to the sale, use or delivery of the Products and services sold pursuant to this Agreement, or any charges for shipping or insurance. All prices are in United States dollars.

All amounts due to TKO must be prepaid by one of the payment methods accepted by TKO as stated on our website. If TKO is required to bring legal action to collect delinquent accounts, then you will pay reasonable attorneys' fees and costs of collection and suit. TKO may charge the lesser of 1.5% per month or the maximum lawful rate on overdue amounts. All fees paid are non-refundable, unless otherwise expressly set forth herein.

Limited Warranty and Disclaimer

The Product limited warranty and disclaimer is as set forth in the TKO Limited Warranty and Disclaimer provided with the Product documentation. A current copy of the TKO Limited Warranty and Disclaimer are set forth on TKO's website as a convenience to you. The version of the TKO Limited Warranty and Disclaimer which was in effect on the date of your purchase of the Product is the TKO Limited Warranty and Disclaimer which will apply to you and your Product.

Limitation of Liability

TKO WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY, OR OTHER CAUSE(S) ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION WITH THE PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR INJURY TO A PERSON IN THE CASE OF PRODUCT(S) PURCHASED FOR CONSUMER USE AS DEFINED BY 15 USC § 2301. Not by way of limitation, TKO shall not be liable for any losses to you based on down time, spoilage, lost production or lost profits. It is the intention of both of us that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law. In no event shall TKO be liable for damages which exceed the monies paid by you to TKO for the Product less the value of the benefits received by you and the value of the Product. THIS SECTION SHALL BE GIVEN FULL EFFECT EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY PROVIDED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You acknowledge, by your use of the Product, that your use of the Product and any reliance upon it, is at your sole risk, that you assume full responsibility for all costs associated with all the maintenance of the deployment area and any necessary servicing or repairs of any equipment you use in connection with the Product.

TKO has priced its products upon the understanding, and you hereby acknowledge the understanding, that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for basis of this Agreement, and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.

SOME STATES MIGHT NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES ON PURCHASES FOR CONSUMER USE, SO ONE OR MORE OF THESE LIMITATIONS MIGHT NOT APPLY TO YOU.

Modification

No amendment, alteration or modification of this Agreement shall be valid unless in each instance such amendment, alteration or modification is expressed in a written instrument duly executed by both of us. The failure of TKO to enforce at any time any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of TKO to enforce each such provision thereafter. The express waiver by TKO of any provision of this Agreement will not constitute a waiver of any future obligation to comply with such provision.

Severability

If any provision in this Agreement is held invalid or unenforceable by a body of competent jurisdiction, then (i) such provision will be limited or, if necessary, severed only as necessary to eliminate such invalidity or unenforceability, (ii) the parties will in good faith negotiate a valid, enforceable substitute provision that most nearly effects their original intent in entering into this Agreement, and (iii) the other provisions of this Agreement will remain in full force and effect.

Governing Law and Arbitration of Disputes

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

Any controversy, claim or dispute between you and TKO, which cannot be resolved through negotiations between us shall be finally settled by arbitration as provided herein. If we fail to reach a settlement of our dispute within 30 days after the earliest date upon which one of us notifies the other in writing of the existence of and its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to arbitration by a single arbitrator through the Judicial Arbiter Group ("JAG") of Denver, Colorado, any successor of the JAG, or any similar arbitration provider who can provide a former judge to conduct the arbitration if the JAG is no longer in existence. The arbitrator shall be selected by JAG, if possible, on the basis of his or her expertise in the subject matter(s) of the dispute. The decision of the arbitrator shall be final, non-appealable and binding upon us, and it may be entered in any court of competent jurisdiction; provided, however, that either of us, as a party to the arbitration proceeding, may seek a court order vacating the decision of the arbitrator in accordance with the provisions of and on the grounds set forth in C.R.S. § 13-22-214 and/or a modification or correction of the arbitrator's award in accordance with the provisions of C.R.S. §§ 13-22-211 or 13-22-215, and may take an appeal from court orders related to the arbitration proceeding or award as provided in C.R.S. § 13-22-221. The arbitration shall take place in Denver, Colorado.

SOME STATES MIGHT NOT ALLOW THE REQUIREMENT OF ARBITRATION SO THIS REQUIREMENT MIGHT NOT APPLY TO YOU.

Entire Agreement

This Agreement and the TKO Limited Warranty and Disclaimer is the entire agreement between us regarding the subject matter contained herein.

Contact Information

TKO Enterprises, Inc. is located in Longmont, Colorado, U.S.A.. Any questions, comments, suggestions or notices should be directed as follows:

  • By email: info@gooseguardian.com
  • By telephone: (303) 594-9989
  • By postal mail:
    TKO Enterprises, Inc.
    P.O. Box 840
    Longmont, Co 80502

Trademark Notice

TKO Enterprises™, the TKO logo, and Goose Guardian™ are trademarks of TKO Enterprises, Inc. All other marks referenced are the property of their respective owners.