B. Appropriate Age. You represent and warrant that you are at least 18 years of age and that you are aware of no prohibition against you purchasing Products from this website.
C.Successors and Assigns. These Terms shall be binding on and inure to the benefit of you, the customer, and 902 Sports, and each of our successors and permitted assigns.
D. Compliance with Laws. Each party agrees to comply with all federal, state, and local laws applicable to its performance of these Terms.
E. Indemnity. You agree to indemnify, and hold harmless 902 Sports, its directors, officers, employees, agents, suppliers, co-branders, parents, affiliates, and third party partners (the “902 Sports Indemnitees”) from and against all losses, liabilities, damages, disputes, and expenses, including all legal fees resulting from your violation of these Terms.
F. Non-Waiver. Any failure or delay by either party to exercise or partially exercise any right, power or privilege under these Terms shall not be deemed a waiver thereof.
G. Severability. If a court of competent jurisdiction finds any provision of these Terms to be void, invalid, illegal or unenforceable, the provision will be limited, modified, or if necessary severed, to the extent necessary to eliminate its violability, invalidity, illegality, or unenforceability, and the other provisions hereof shall remain unaffected. Any void, invalid, illegal, or unenforceable provision will be replaced by the parties by a legal and enforceable closest in operation and effect to the void, invalid, illegal, or unenforceable provision.
H. Force Majeure. A party’s failure to perform in timely fashion shall not be a breach of these Terms if such failure to perform results from circumstances beyond the party’s reasonable control, including, but not limited to, labor disputes, civil disturbances, acts or non-actions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, Internet outage, Acts of God, or default of a common carrier. This provision shall not apply, however, to your payment obligations to 902 Sports.
I. Governing Law. These Terns shall be governed by and interpreted in accordance with the laws of the State of Utah, excluding its conflicts of law rules. Exclusive jurisdiction and venue for any disputes arising or relating to these Terms shall be in the federal and state courts sitting in Salt Lake County, Utah, and each party irrevocably consents to such jurisdiction and venue. The party that substantially prevails in any action brought with respect to these Terms shall be entitled to recover, in addition to other relief, its costs and reasonable attorneys’ fees. YOU AND 902 SPORTS IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY AND ALL ACTIONS BROUGHT UNDER OR WITH RESPECT TO THESE TERMS.
J. Entire Agreement. These Terms constitutes the entire agreement between you and 902 Sports and supersedes all written and oral communications, agreements, representations, warranties, statements, negotiations, understandings, and proposals between you and 902 Sports.