Terms and Conditions of Pre-Orders and Sales

These Terms And Conditions Of Pre-Orders And Sales (“Agreement”) Set Forth The Terms Upon Which HobBee Pro Inc. (“HobBee Pro” Or, The “Company”) Sells, And You Pre-Order And Purchase, The Products Offered By HobBee Pro Through Its Website (The “Product”). By Purchasing The Product, You Are Agreeing To This Agreement, Which Forms A Binding Agreement Between You And The Company And Includes An Arbitration Clause Under Which Certain Claims May Not Be Brought In Court Or Decided By A Jury. Do Not Pre-Order The Product If You Do Not Accept This Agreement. The Term “You” Means Both The Individual Placing The Pre-Order And The Entity On Whose Behalf Such Individual Is Acting, If Any. If The Company Is Unable To Deliver The Product On Or Before The One-Year Anniversary Of Your Placing The Pre-Order, The Company Shall Process A Full Refund To You.
Any orders for Products placed with HobBee Pro through our website or on paper are binding. All order quantities are firm, and you may not cancel or modify any order.
You agree to pay the price for the Products listed on the HobBee Pro website or brochure by credit card, paypal or such other payment method specified.
Risk in the Product passes to you on HobBee Pro’s delivery of the Product to the carrier, and you are responsible for any losses or damages from that point. Title to the Product passes to you upon HobBee Pro’s receipt of payment for the Product.
You shall not reverse engineer any Product or use the Product to create a competitive product.
HobBee Pro Inc. owns all intellectual property rights in the Products. You shall acquire no interest or rights in HobBee Pro intellectual property by virtue of this Agreement.
The Products Are Provided “As Is”, With All Faults. HobBee Pro Expressly Disclaims All Express And Implied Warranties, Including Without Limitation Any Warranty Of Merchantability, Non-Infringement Of Third Party Patents, Or Fitness For A Particular Purpose.
To The Extent Permitted By Law, In No Event Will HobBee Pro Be Liable For Any Collateral, Consequential, Indirect, Punitive, Special, Exemplary Or Incidental Damages Arising Out Of Or Related To This Agreement Or Use Of The Products, In No Event Shall HobBee Pro’s Liability For Damages Arising In Connection With Any Product Exceed The Purchase Price Of The Product Paid By You. These Limitations Will Apply Whether The Liability Arises In Contract, Tort (Including Negligence), Strict Liability, Under Statute Or Otherwise. Any legal proceedings against HOBBEE PRO relating to this Agreement shall be filed within one (1) year after release of the applicable Product to you.
You alone are responsible for the manner in which you use the Product. You shall defend, indemnify and hold harmless HOBBEE PRO and its officers, directors, employees and agents (“Indemnitees”) from any liabilities, damages, losses, expenses, costs and attorneys’ fees arising from your use of the Products not expressly in accordance with this Agreement or from any claim or suit made against the Indemnitees as a result of such conflicting use.
HOBBEE PRO shall not be liable for any breach of this Agreement to the extent arising from any factor outside HOBBEE PRO’s reasonable control.
This Agreement represents the entire agreement governing HOBBEE PRO’s product supply relationship with you. This Agreement incorporates HOBBEE PRO’s Privacy Policy, which is available at http://hobbeepro.com. Any prior discussions and agreements between you and HOBBEE PRO and any general purchase conditions or other document issued by you relating to the purchase of HOBBEE PRO products will not apply, unless HOBBEE PRO expressly agrees otherwise in writing signed by an authorized representative of HOBBEE PRO. You may not assign or transfer this Agreement to any third party.
All disputes arising out of or relating to these Terms and Conditions of Pre-Order and Sale or the Product, shall be resolved exclusively by binding arbitration before a single arbitrator (the “Arbitrator”) in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect and the further procedures set forth herein. The arbitration shall be conducted in the State of Delaware, unless the Arbitrator shall determine that that venue is not reasonably convenient to all parties, in which case the Arbitrator shall determine another venue that is. In the event that the AAA is unavailable or unwilling to administer the arbitration, and the parties are unable to agree to a substitute, a substitute shall be appointed by the court. The Arbitrator shall have authority to issue any and all remedies authorized by law. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 2 et seq., and the laws of the State of Delaware without reference to principles of conflicts of laws. Notwithstanding any rules of the AAA to the contrary, any claims shall be adjudicated on an individual basis only, and You Hereby Waive Any Right To Bring Any Claim As A Representative Of A Proposed Class, On An Aggregated Or Mass Basis, Or As A Private Attorney General, Or To Consolidate Arbitration Proceedings Without The Consent Of All Parties Thereto. Any award rendered by the Arbitrator shall be final, conclusive and binding upon the parties hereto. In connection with any arbitration proceeding pursuant to these terms and conditions, unless the Arbitrator shall determine otherwise, each party shall bear its own costs and expenses. Notwithstanding the foregoing, you may at your option file an individual claim in any small claims court for disputes or claims within the scope of its subject matter jurisdiction if such court has personal jurisdiction. The Company does not hereby waive any defense that such jurisdiction may be lacking in your jurisdiction. Without derogation of the parties’ obligation to arbitrate as set forth herein, for any claims other than those in small claims court, jurisdiction for any court proceedings arising out of or relating to these terms and conditions, the Website or the Services shall be vested exclusively in, and venue shall be laid in, the state or federal courts sitting in the State of Delaware, except that, following confirmation of an arbitration award in a state or federal court in Delaware a judgment arising therefrom may be executed in any court of competent jurisdiction.
If any provision of this Agreement is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties. This Agreement shall not be modified, nor compliance with any provision waived, except in writing signed by both parties. HOBBEE PRO’s failure to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth herein, at law or in equity, or a waiver by HOBBEE PRO of any other provisions of prior, concurrent or subsequent default by HOBBEE PRO in the performance of or compliance with any of the terms and conditions set forth herein.