Terms of Use/Terms of Purchase

General Conditions of Use/Purchase

These Terms of Use/Terms of Purchase (the “Terms of Use/Terms of Purchase”) contain important information about Barton’s Discounts, LLC (“Barton’s”, “We”, “Us” or “Our”), the Barton’s website (Bartonsdiscounts.com) (the “Website”), and the services and products provided and/or purchased through the Website (collectively with the Website, the “Services”), and governs the relationship between you (“You” or “Your”) and Barton’s as it relates to Your use of the Website, Services and products provided and/or purchased through the Website and participation in the functionality available through the Website. These Terms of Use/Terms of Purchase contain important information and disclosures about appropriate conduct on the Website and how Barton’s may use information provided by You to Barton’s through the Website, Services or otherwise. Barton’s offers this Website, including all information, tools and services available from this Website to You, conditioned upon Your acceptance of all terms, conditions, policies and notices stated in these Terms of Use/Terms of Purchase. By using this Website, Services and/or purchasing products provided through the Website, You signify Your agreement to these Terms of Use/Terms of Purchase at least eighteen (18) years of age in your state, city, province or country. If You are not of at least eighteen (18) years of age in Your state, city, province or country, or do not agree to these Terms of Use/Terms of Purchase, You must not use the Website, Services or purchase any products offered therethrough and/or therefrom.

1. 1. General Terms of Use/Terms of Purchase. Bartonsdiscounts.com provides an online resource for browsing, purchasing, or reselling liquidated, warehouse damaged, customer returned, salvage, overstock, open box and/or refurbished inventory at a discount. If you choose to purchase products from the Website, you agree to abide and be bound by Barton’s Privacy Policy that you will be asked to acknowledge. The Website, Services and products provided through the Website are intended solely for users who are of at least eighteen (18) years of age in their state, city, province or country, and any registration, use or access of the Website, Services and/or products provided and/or purchased through the Website by anyone under at least eighteen (18) years of age in their state, city, province or country is unauthorized, unlicensed, and in violation of these Terms of Use/Terms of Purchase. When using Bartonsdiscounts.com, You will be subject to any posted terms or guidelines applicable to such services, and any other terms or conditions applicable to services provided by or in conjunction with any of Bartonsdiscounts.com’s content and service partners. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms of Use/Terms of Purchase. By visiting Bartonsdiscounts.com and/or by completing the registration process and creating an account for Bartonsdiscounts.com, You represent and warrant that (i) You have read, understand, and hereby agree to be legally bound and abide by these Terms of Use/Terms of Purchase, just as if You had signed a written agreement; (ii) You have the right, authority and capacity to enter into and to abide by all terms and conditions in these Terms of Use/Terms of Purchase; and (iii) if You are acting on behalf of any person or entity, You are authorized to act on behalf of such party(ies). The provisions of these Terms of

Use/Terms of Purchase pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive any termination of these Terms of Use/Terms of Purchase, the Privacy Policy or use of the Website.

By accessing the Website, using the Services and/or purchasing any products offered on the Website, You represent and warrant to Us that You are authorized and legally able to access the Website, its content, information, products and/or materials provided therein, and to purchase, use and/or otherwise dispose of any and all products purchased from the Website, in accordance with all applicable laws and regulations.

1. 2. Condition of Products. Any and all products available for purchase through the Website, including all pallets, are of unknown condition, quality and/or functionality. Products are offered for sale in various conditions. We generally use reasonable efforts to classify and/or describe products based on appearance, functionality, information provided by Our suppliers, and other factors; however, such classifications and/or descriptions are not necessarily accurate. As such, ALL PRODUCTS YOU PURCHASE FROM US, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL PALLETS, ARE “AS IS.” YOU HEREBY EXPRESSLY ACKNOWLEDGE AND WILLINGLY ACCEPT THAT THE PRODUCTS WHICH MAY BE PURCHASED FROM THIS WEBSITE HAVE UNKNOWN CONDITIONS, QUALITY, AND/OR FUNCTIONALITY AND, ANY AND ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE, SERVICES AND/OR ANY PRODUCTS PURCHASED THEREFROM (INCLUDING ALL RISKS ASSOCIATED WITH RESALE) IS SOLELY AT YOUR OWN RISK.
2. 3. Sales and Payment. In consideration for Your agreement to these Terms of Use/Terms of Purchase, payment of the sale price of Your order, shipping charges, taxes and/or any other applicable fees, Barton’s hereby agrees to sell You products pursuant to these Terms of Use/Terms of Purchase. Nothing in these Terms of Use/Terms of Purchase obligates Barton’s to sell any products to You.

• • • Purchase Cancellation. We reserve the right, at our sole discretion, to cancel any purchase for any reason. Reasons for why Your purchase may be canceled include, but are not limited to: inaccuracies in listings, prior sales, failure to provide requested tax exemption certificates (if applicable), or issues identified by Barton’s as a result of possible fraud and/or compliance issues. In the event that a purchase is canceled by Us and the cancellation is not a result of any conduct by You, You will be notified by email, and the purchase price (if any) will be refunded. You may not cancel any purchase once Barton’s has received Your funds.
  • • Payment Terms; Changes. Any and all purchases from the Website must be made with a valid Visa, Mastercard, American Express and/or Discover credit card. Such payment information will be collected by Us when You set up your Barton’s account, and such payment information will be stored by Us solely for purposes of any products you may purchase from the Website. Barton’s may require additional and/or alternate payment terms and conditions in its sole and absolute discretion.
  • • Taxes. Barton’s does not collect sales tax for sales to purchasers in states and/or for transactions where We are not required to collect sales tax. Liability for any and all required sales and/or use taxes due to Your state as a result of Your purchase is solely your responsibility. In the event any taxes are assessed based upon the sale of products and/or services, or any purchases You make from Barton’s, You agree to pay any such taxes promptly upon receipt of notice by Barton’s.
  • • Shipping. Shipping charges and/or costs associated with any purchases from the Website are calculated based upon the information that You supply to Us, including, but not limited to, Your shipping address. The cost of Your shipment may vary depending upon the information that You supply to Us, including, but not limited to, whether the delivery location is a residential or a commercial location, the requirement for and/or use of a liftgate, delay due to conduct by You, and any other reason which is out of the control of Barton’s and/or the result of any inaccuracies in information provided to Us by You. In the event that any excess shipping charges and/or costs are incurred and/or due and owing as a result of any inaccuracies in information provided to Us by You, You expressly agree and acknowledge that any and all such charges are solely Your responsibility and will be paid by You immediately upon delivery. In no event will Barton’s be liable nor responsible for any such excess shipping charges and/or costs.

1. 4. Acceptance of Products.

• • • • Ownership; Risk of Loss. Ownership in and/or to products will remain with Barton’s until We tender the products to a common carrier. You expressly acknowledge and agree that the risk of all loss and liability for the products shall pass to You immediately upon product shipment. You acknowledge and agree that You shall have no right to refuse or return any products after Barton’s has accepted Your payment. If You fail to accept the delivery of such products and/or they are returned to Us as a result of Your non-acceptance, Barton’s may re-initiate a new shipment at Your sole risk and expense, and/or bill You for any and all shipping and/or transportation costs, common carrier fees and surcharges, and restocking fees. In such cases, You agree to pay any and all applicable fees and expenses. No refunds will be issued for orders refused at delivery or for failure to schedule delivery with a common carrier. In addition, Barton’s reserves the right to charge a fee for rescheduling dock time to pick up any products.
      • Buyer Abandonment. Buyer arranged shipments must be scheduled within three (3) business days of payment or Barton’s will consider the products to have been abandoned by the buyer and thereafter buyer foregoes any and all rights to such products. In addition to any other rights and remedies available to Barton’s, buyer shall forfeit, at Barton’s sole discretion, a cancellation fee up to one hundred percent (100%) of the amount paid to Barton’s, if any, for the products and is responsible for any damages suffered by Barton’s due to buyer’s failure to perform. As Barton’s retains all ownership rights in the products in such circumstances, Barton’s has the right to sell any such products or otherwise dispose of the products in any manner Barton’s deems appropriate.

• • • Shipment; Missing Pallets; Tampering. If the shipments received upon delivery do not match the number of pallets purchased, there is visible tampering and/or broken trailer seals (applicable to truckload sales), You must contact a Barton’s representative within twenty-four (24) hours of delivery. Failure to contact a Barton’s representative within twenty-four (24) hour of delivery will be deemed to be an acceptance of the shipment(s).
    • Documentation of missing inventory. If requested, missing inventory and/or tampering must be documented to the satisfaction of Barton’s and/or its common carrier.

1. 5. Return/Refund Policy. BY ACCESSING AND/OR PURCHASING ANY PRODUCTS FROM THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL PALLETS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL BARTON’S ACCEPT OR OFFER TO YOU ANY RETURN, REBATE, REFUND, CREDIT, EXCHANGE OR OTHERWISE, OF ANY MONIES FOR ANY PRODUCTS YOU PURCHASE FROM THIS WEBSITE. ANY AND ALL RISKS ASSOCIATED WITH USE OF THE WEBSITE, SERVICES AND/OR ANY PRODUCTS PURCHASED THEREFROM (INCLUDING ALL RISKS ASSOCIATED WITH RESALE) IS SOLELY AT YOUR OWN RISK.
   6. User Conduct and Acceptable Use Notice. Unauthorized use of the Website is expressly prohibited. You may not use the Website in any way that violates applicable federal, state, local and/or international law, or for any unlawful purpose. Additionally, Barton’s reserves the right, without limitation, to terminate Your access to and use of the Website if, in Our view, Your conduct fails to meet any of the following guidelines for user conduct. Please note that this list of guidelines is not inclusive, and Barton’s may suspend or terminate Your access for any or no reason, in its sole discretion:

• • • You may not misrepresent Your identity or impersonate any person.
    • You may not attempt to gain access to any account, computers and/or or networks related to the Website.
    • You may not attempt to obtain any data through any means from Website, which includes scraping or monitoring activity or pricing, unless We explicitly provide and/or make it available to You.
    • You may not either directly or indirectly attempt to charge others to use the Website.
    • You may not use the Website to harvest and/or otherwise collect information about others, including e-mail addresses, names, ages and/or other identifying information.
    • You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble and/or reverse engineer any software used or provided by Barton’s in connection with the Website.
    • You may not copy and/or imitate any language or design elements used by and/or through the Website.
    • You may not use the Website in a manner that results in excessive bandwidth usage, as determined in the sole discretion by a representative of Barton’s. Use of the Website on any desktop and/or portable application will be applied toward such bandwidth usage.

Any and all judgments and/or determinations concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Barton’s. Barton’s reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate and/or limit Barton’s response to any future complaint.

1. 7. Interruption to Services. Barton’s and its service providers utilize diligent efforts to maintain the Website, however, neither Barton’s nor its service providers are responsible for any defects or failures associated with the Website, including any services provided therewith, or any damages (including, but not limited to, lost profits or other consequential damages) that may result from any such defects or failures.

Barton’s reserves the right to modify or discontinue the Services with or without notice to You. Barton’s shall not be liable to You or any third party should We exercise Our right to modify or discontinue the Website or any part thereof. You acknowledge and accept that Barton’s does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.

1. 8. Third-party Sites. The Website and certain content may contain advertisements for or links to other Internet sites or resources. The Website may contain features and functionalities linking You or providing You with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to You as part of the Website Services. We encourage You to review any and all privacy policies of third-parties’ sites. Should You have any problems resulting from Your use of any third-party services, or should You suffer data loss or other losses as a result of problems with any of Your other service providers or any third-party services, in no event shall Barton’s be responsible and/or liable for any and all damages You may incur as a result of interacting with any third-party sites and/or services.

9. 9. Registration Requirements. Except as otherwise provided herein by Barton’s, You shall only be eligible to purchase any products offered on the Website after creation of a user account on the Website, including credit card number and/or submission of a Buyer Application and/or proof of a Resale Certificate to Barton’s (if applicable). With respect to the aforementioned information, such information is collected by Us in order to create your Barton’s account and to allow You to make purchases from the Website. We will retain the aforementioned information, however, We will not disclose such information unless as otherwise required by applicable law. Please see Our Privacy Policy for more information on the types of data that We collect from You.
   10. Credit Card Chargebacks. If You dispute a charge to Your credit card that Barton’s, in its sole discretion, believes was a valid charge, You shall be held liable for any and all of Barton’s costs associated with addressing Your disputed charge. Barton’s will work with You to resolve legitimate disputes pursuant to these Terms of Use/Terms of Purchase, however, You agree that Barton’s has the unequivocal right to recover any of Our fees and costs associated from any unauthorized chargebacks, including, but not limited to, attorney’s fees. Further, Barton’s may choose to reject any further transactions from You, Your company, or any affiliated companies or entities and/or suspend any further activity by You on Your account.
   11. Resale restrictions may apply. You expressly acknowledge and agree that certain products You purchase from the Website may require additional processing, including delabeling, defacing, data wiping, destruction and/or other alterations and/or may not be exported, offered for sale and/or sold to or through certain marketplaces or other channels, and/or may not be sold without relevant licenses. You agree to comply with all such applicable restrictions and/or limitations and in no event will Barton’s be responsible to ensure any compliance with any and all applicable restrictions and/or limitations.
   12. Force Majeure. Except with respect to payment obligations hereunder, if a party is prevented and/or delayed in performance of its obligations hereunder as a result of circumstances beyond such party’s reasonable control, including, but not limited to, war, riot, fires, floods, hurricanes, tornados, typhoons, tsunamis, epidemics, labor strikes, or failure of public utilities or public transportation systems, such a failure and/or delay will not be deemed to constitute a material breach of these Terms of Use/Terms of Purchase, but such obligation will remain in full force and effect, and will be performed or satisfied as soon as reasonable practicable after the termination of the relevant circumstances causing such failure and/or delay.
   13. Assignment; Delegation. You shall not assign any of the rights or delegate any of Your duties under these Terms of Use/Terms of Purchase without the express, prior written consent of Barton’s. Any assignment or other transfer in violation of this Section 13 shall be void.

1. 14. Indemnification of Barton’s. YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND BARTON’S AND ANY OF ITS MEMBERS, MANAGERS, AGENTS, OFFICERS AND/OR EMPLOYEES FROM OR AGAINST, AS APPLICABLE, ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES OR SUITS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) CAUSED BY OR ARISING OUT OF YOUR IMPROPER USE OF THE WEBSITE, SERVICES AND/OR PRODUCTS OFFERED AND/OR PURCHASED THEREFROM OR INFORMATION PROVIDED TO BARTON’S BY YOU, INCLUDING ANY INFORMATION OR CONTENT THAT YOU MAY INPUT TO THE WEBSITE, YOUR VIOLATION OF THESE TERMS OF USE/TERMS OF PURCHASE, INCLUDING, BUT NOT LIMITED TO, FALSIFICATION OF YOUR LEGAL AGE, ACCOUNT AND/OR FINANCIAL INFORMATION, OR ANY RELATED AGREEMENTS OR TERMS OF USE/TERMS OF PURCHASE, OR THE INFRINGEMENT OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY BY YOU OR ANY PERSON OR ENTITY USING YOUR ACCOUNT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY ACTIONS BY ANY USER OF YOUR ACCOUNT, INCLUDING YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.
   15. Consent to Use of Data. You agree that Barton’s may collect, use, disclose and/or store technical data and related information, including, but not limited to, technical information about Your device(s), system, including IP address and URL, and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Website and Services. Additionally, Barton’s may collect, use, disclose and/or store personal data and related information, including, but not limited to, Your name, age, gender, marital status, email address, postal address, and details regarding your lifestyle, including, but not limited to, preferred activities, education, shopping preferences and otherwise. Barton’s may use this information to improve its products or to provide services or technologies to You and to provide You with relevant content, third-party marketing offers, and/or to provide notifications to You, if You sign up for such services, and/or following the purchasing of products from Us. You agree and understand that You are solely responsible for maintaining the confidentiality of any password and/or username (if any) used to access any portion of the Website and/or the related Services and that You are solely responsible for any activity which occurs on any portion of the Website for which You have a password.
   16. Non-application of General Data Protection Regulation. Neither Barton’s nor its service providers knowingly offer, solicit, market and/or otherwise conduct business with the European Union (the “EU”) nor with any citizen of the EU. Additionally, neither Barton’s nor its service providers knowingly collect, use, disclose and/or store technical or personal information data from the EU nor from any citizen of the EU. As such, any and all provisions of the General Data Protection Regulation (the “GDPR”) shall not apply for purposes of these Terms of Use/Terms of Purchase.

17. 17. Third Party Materials. The Website or Services may display, include or make available to You, content, data, information, applications and/or materials from third parties (“Third Party Materials”) or provide links to certain third-party web sites. By using the Website or Services, You acknowledge and agree that neither Barton’s nor its content or service providers are responsible for examining or evaluating nor guarantee the content, availability, accuracy, completeness, timeliness, validity, intellectual property compliance, legality, decency, quality of information or any other aspect of such Third Party Materials, third-party web sites or information or data displayed by the Website or Services. Barton’s does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person or entity for any third-party services, Third Party Materials or third-party web sites, or for any other materials, products or services of third parties.
    18. Proprietary Content. You agree that the Website, Services and products offered and/or purchased therefrom contain proprietary content, information and/or material that is protected by applicable intellectual property laws, including, but not limited to, patent, copyright, trademark and/or trade secret laws, and that You will not use such proprietary content, information and/or materials in any way whatsoever except for permitted use of the Website and/or Services. You agree that nothing contained in these Terms of Use gives You any right of ownership in or to any of the intellectual property available on the Website and/or Services or the right to use any of the intellectual property available on the Website and/or Services, including, but not limited to, the patented content, copyrighted content, trademarks, servicemarks, logos and/or domain names. No portion of the Website and/or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works of any kind based on the Website and/or Services or any of its contents and You shall not exploit the Website and/or Services in any unauthorized way whatsoever, including, but not limited to, trespass or burdening network capacity. You further agree not to use the Website and/or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. You further agree that Barton’s is not in any way responsible for any such misuse by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Website and/or Services. The Website and/or Services and the information contained in the Website and/or Services is © Barton’s Discounts, LLC, 2019. All rights reserved.
    19. Modifications. Barton’s reserves the right to make modifications or changes to the Website, Services and/or these Terms of Use/Terms of Purchase at any time, without notification to You. Modifications shall become effective immediately upon being posted to the Website. Your continued use of the Website after amendments are posted shall constitute an acknowledgement and acceptance of the modifications. If You do not agree to the revised terms and conditions, Your sole recourse is to immediately cease all use of the Website. Notwithstanding the foregoing, in the event that amendments are made as to how We collect, use, disclose and/or store Your technical and/or personal data, We will provide You with explicit notice of the amendments made.

1. 20. Intellectual Property Rights and Notices. Except for the licenses granted herein, You have no right, title or interest in or to the Website, nor to any content, information, products and/or materials therein. You agree that Barton’s or its licensors retain all proprietary right, title and interest, including copyrights and all other intellectual property rights, in and to the Website, its content, information, products and/or any materials therein. Bartonsdiscounts.com, and any associated logos, site graphics, look and feel, etc. are either trademarks, service marks and/or otherwise intellectual property of Barton’s or its licensors, and may not be copied, imitated, or used, in whole or in part, without Barton’s prior written consent or that of Our suppliers or licensors. Other product and company names may be trademarks and/or service marks of their respective owners. Barton’s may have patents, patent applications, trademarks, service marks, copyrights, or other intellectual property rights covering subject matter in its site(s) that are part of the Website. Unless We have granted You licenses to use Our intellectual property, Our providing You with access in and to the Website in no way conveys to You any license, right, title and/or interest to and/or in Our intellectual property. Any rights not expressly granted herein are reserved by Us.

All Services included or available on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof, is owned and/or licensed by Barton’s, with all rights reserved, and/or is the property of third parties protected by intellectual property rights. Any use of content, information, products and/or materials on the Website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without Our prior written consent is strictly prohibited. You agree that You will not use any robot, spider, or other automatic device, or manual process to monitor or copy Our web pages or the content, information, products and/or materials contained therein without Our prior written consent.

1. 21. Caption Headings. Caption headings in these Terms of Use/Terms of Purchase are for convenience only and are not to be used to interpret or define the provisions of these Terms of Use/Terms of Purchase.
   22. Governing Law and Court Jurisdiction. These Terms of Use/Terms of Purchase shall be governed by the laws of the United States, in the State of Indiana, without regard to conflicts of law principles thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within Marion County and/or the Southern District, in the State of Indiana to settle any dispute, which may arise in relation thereto. This is the case regardless of whether You reside or transact business with Barton’s, and/or use the Website, Services and/or purchase products therefrom anywhere else in the world. If any part of these Terms of Use/Terms of Purchase are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Disclaimer of Warranties; Limitation of Liability

THE WEBSITE, ITS CONTENT, THE SERVICES AND/OR ANY PRODUCTS PURCHASED FROM AND/OR THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS”, AND BARTON’S EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SAFETY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU EXPRESSLY AGREE TO ASSUME ANY AND ALL COSTS OF ALL NECESSARY SERVICING, REPAIR AND/OR CORRECTION DUE TO YOUR USE OF THE WEBSITE. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, AND TO THE EXTENT THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, THE LIABILITY OF BARTON’S SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. WHILE BARTON’S ATTEMPTS TO ENSURE THAT THE INFORMATION IN THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS IS ACCURATE AND COMPLETE, BARTON’S IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INACCURACY, ERROR OR OMISSION IN THE INFORMATION IN THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS. THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS ARE PROVIDED “AS IS.” BARTON’S ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER AND/OR MOBILE DEVICE EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS OR DOWNLOAD MATERIAL THEREFROM.

IN NO EVENT SHALL BARTON’S BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, OR AMOUNTS FOR LOST PROFITS, SAVINGS, INCOME, BENEFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTIONS, EVEN IF BARTON’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR INABILITY TO USE AND/OR ACCESS THE CONTENT, WEBSITE, SERVICES AND/OR PRODUCTS, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. ALL RISKS, LOSSES AND COSTS ASSOCIATED WITH YOUR USE OF THE WEBSITE, SERVICES AND/OR PRODUCTS PURCHASED THEREFROM ARE SOLELY YOUR RESPONSIBILITY AND IS SOLELY AT YOUR OWN RISK.

YOU HEREBY ACKNOWLEDGE AND WILLINGLY ACCEPT ANY AND ALL RISKS ASSOCIATED WITH USE AND/OR ACCESS OF THE WEBSITE, ITS CONTENT, SERVICES AND/OR ANY PRODUCTS PROVIDED AND/OR PURCHASED THEREFROM AND YOU AGREE TO UNCONDITIONALLY RELEASE AND HOLD HARMLESS, BARTON’S, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTENT PROVIDERS, ATTORNEY, SUCCESSORS AND ASSIGNS FROM AND/OR AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, SUITS, LIABILITIES, LOSSES, COSTS, EXPENSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO YOUR ACCESS, USE AND/OR INVOLVEMENT WITH THE WEBSITE, ITS CONTENT, SERVICES AND/OR PRODUCTS PROVIDED AND/OR PURCHASED THEREFROM. UNDER NO CIRCUMSTANCES WILL BARTON’S BE LIABLE FOR ANY PERSONAL INJURY, MEDICAL EVENT AND/OR ILLNESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE CONTENT, OR YOUR USE AND/OR ACCESS OF THE WEBSITE, ITS CONTENT, SERVICES AND/OR ANY PRODUCTS PROVIDED AND/OR PURCHASED THEREFROM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT IF ANY PART OF THESE TERMS OF USE/TERMS OF PURCHASE ARE HELD UNLAWFUL, VOID OR UNENFORCEABLE, TO THE EXTENT THAT YOU SUFFER DAMAGES ASSOCIATED WITH USE OF THE WEBSITE, SERVICES AND/OR PRODUCTS AND/OR ACCESS TO ITS CONTENT AND/OR PRODUCTS PROVIDED AND/OR PURCHASED THEREFROM, IN NO EVENT WILL BARTON’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE PRODUCTS PURCHASED FROM THIS WEBSITE. IN NO EVENT WILL BARTON’S BE LIABLE FOR ANY ERROR IN ANY PALLET LISTING. THIS LIMITATION SHALL SURVIVE EACH PURCHASE TRANSACTION AND ANY TERMINATION OF THIS AGREEMENT. THESE LIMITATIONS OF LIABILITY ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS OF USE/TERMS OF PURCHASE HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.