As part of the registration process for all buyers (“Buyers”), sellers (“Sellers”), and attendees (“Attendees”) of the International Hemp Auction and Market (“IHAM” or “Event”), you are required to read and attest to all of the following clauses, including all of the waivers, disclaimers, releases, affirmations, and certifications included herein. This agreement titled “Waiver and Disclaimer for Event Participants” (“Agreement”) describes the terms and conditions that apply to the buying and selling, or contemplated buying and selling, of all goods and products (“Products”) and attendance at IHAM. You must register to be a Buyer, Seller, or Attendee at IHAM and such persons shall collectively be referred to as “Participants” herein. The term Participant includes all persons or entities that desire to buy or sell any Product, or who may actually buy or sell Products, at IHAM. If an Attendee is a minor (“Minor Attendee”), then the parent or legal guardian of the Minor Attendee must execute this Agreement on behalf of the Minor Attendee and accompany the Minor Attendee to the Event.
1. Release from Liability. Participant hereby agrees, on behalf of himself, herself or itself, and his or her heirs and personal representatives, to fully and forever discharge and release SHM, its affiliates, and its partners, agents, operators, managers, employees, and representatives (the “Released Parties”) from any and all claims Participant may have or hereinafter have for any injury, temporary or permanent disability, death, damages, judgments, actions, penalties, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to Participant’s entry upon the Property, participation in the Event, or utilization of the Services, whether caused by the negligence of the Released Parties or by any other reason. Participant acknowledges and agrees that this release is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, property damage, liabilities, third-party claims, or expenses sustained by the Participant while on the Property or in any way related to IHAM.
3. Indemnification. Participant hereby agrees to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind arising out of Participant’s involvement in any of the Event activities including the sale, purchase and subsequent transportation of Products, the utilization of the Services, or Participant’s use of the Property, whether caused by the negligence of Released Parties or otherwise.
4. Certification. Participant certifies that Participant has and will maintain, throughout any transactions contemplated or entered into as a result of participating as a Buyer or Seller at IHAM, any and all required permits, licenses, or any other requirement in any applicable jurisdiction to buy, sell, transport, or take possession of the Products subject to such transactions. If required by SHM, Participant agrees to provide SHM with proof of such permits, licenses, or the satisfaction of other requirements as the context may require. It is the responsibility of Buyer to understand the Products they are buying and the legal ramifications for purchasing such Products. It is the responsibility of Seller to understand the Products they are selling and the legal ramifications for selling such Products. SHM is not responsible to Buyer or Seller, and makes no warranties regarding, the legality of Buyer or Seller to enter into any transactions or transport and take possession of Products.
5. Participant Warranties. Participant represents and warrants that he or she (a) is at least eighteen (18) years of age; (b) possesses the legal right and ability to enter in this Agreement and enter into transactions to buy or sell Product at IHAM; (c) will use the Services only for lawful purposes and in accordance with this Agreement and any applicable policies; and (d) will be financially responsible for all transactions entered by Participant through the Services.
CLAUSES SPECIFIC TO BUYERS
6. “As is” Sale. THE PRODUCTS PURCHASED AT IHAM HAVE BEEN PURCHASED BY THE BUYER “AS IS” AND “WITH ALL FAULTS,” AND THE BUYER ACKNOWLEDGES THAT SHM DOES NOT PROVIDE ANY WARRANTY FOR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES THAT THE PRODUCTS ARE OF MERCHANTABLE QUALITY OR THAT THE PRODUCTS CAN BE USED FOR ANY PARTICULAR PURPOSE.
8. Disclaimer of Express Warranties. ANY AFFIRMATION OF FACT OR PROMISE MADE BY SHM SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE PRODUCTS SHALL CONFORM TO THE AFFIRMATION OR PROMISE; ANY DESCRIPTION OF THE PRODUCTS IS FOR THE SOLE PURPOSE OF IDENTIFYING THEM AND SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE PRODUCTS SHALL CONFORM TO SUCH DESCRIPTION; ANY SAMPLE OR MODEL OF THE PRODUCTS IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE PRODUCTS SHALL CONFORM TO THE SAMPLE OR MODEL; AND NO AFFIRMATION OR PROMISE, DESCRIPTION, OR SAMPLE OR MODEL SHALL BE DEEMED PART OF THE BASIS OF THE PARTIES’ BARGAIN.
9. Disclaimer of Implied Warranties. ANY SALE MADE OR CONTEMPLATED AT IHAM IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE PRODUCTS SHALL BE MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE PRODUCTS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. THE BUYER ACKNOWLEDGES THAT IT IS NOT RELYING ON SHM’S SKILL OR JUDGMENT TO SELECT OR FURNISH PRODUCTS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS ON THE FACE HEREOF.
10. Disclaimer of Statutory or Regulatory Compliance. SHM makes no warranties, and specifically disclaims, that any Products purchased by Buyer, at the time of purchase, shipment, or delivery, are in compliance with the laws, rules, and regulations of any jurisdiction, including any federal or state law or regulation, county or municipality ordinance, or any international law. Specifically, SHM makes no warranties that the Products are in compliance with any part of the Federal Food, Drug, and Cosmetic Act (the “Act”) or regulation from the Food and Drug Administration (“FDA”). SHM further disclaims any warranties that the Products purchased by Buyer shall conform to any laws or regulations in the jurisdiction where the Buyer takes possession of the Products or any of the jurisdictions that the Buyer transports Products through. This warranty shall be a continuing warranty and shall be binding upon Buyer with respect to all Products that Seller ships or delivers to Buyer (including Products in transit).
11. Disclaimer of Warranties and Consequential Damages. SHM shall not be liable for consequential damages of any kind, whether as a result of a loss by Buyer of present or prospective profits, anticipated sales, expenditures, investments, commitments made in connection with this Agreement, or on account of any other reason or cause whatsoever.
12. Disclaimer of Warranty of Title. SHM assumes no responsibility that the title conveyed from Buyer to Seller for any Products purchased is good or its transfer rightful, or that the Products shall be delivered free from any security interest or other lien or encumbrance of any third person or free from any rightful claim of any third person by way of infringement or otherwise.
13. Exchanges or Refunds. Buyer purchases all Products “as-is” and will not be eligible for an exchange for any reason. Buyer purchases all Products “as-is” and will only be eligible for a refund if SHM, in its sole discretion, authorizes such. Should SHM authorize a refund, SHM shall communicate the terms of such return to the Buyer and Seller.
CLAUSES SPECIFIC TO SELLERS
14. Disclaimer of Express Warranties. Any affirmation of fact or promise made by SHM shall not be deemed to create an express warranty that the Products shall conform to the affirmation or promise; any description of the Products is for the sole purpose of identifying them and shall not be deemed to create an express warranty that the Products shall conform to such description; any sample or model of the Products is for illustrative purposes only and shall not be deemed to create an express warranty that the Products shall conform to the sample or model; and no affirmation or promise, description, or sample or model shall be deemed part of the basis of the parties’ bargain.
15. Disclaimer of Statutory or Regulatory Compliance. SHM makes no warranties, and specifically disclaims, that any Products sold by Seller, at the time of purchase, shipment, or delivery, are in compliance with the laws, rules, and regulations of any jurisdiction, including, but not limited to, any federal or state law or regulation, county or municipality ordinance, or any international law. Specifically, SHM makes no warranties that the Products are in compliance with any part of the Act or regulation from the FDA. SHM further disclaims any warranties that the Products sold by Seller shall conform to any laws or regulations in the jurisdiction where the Seller cultivates, processes, manufactures, ships, or does any other act in relation to Products or any of the jurisdictions that the Seller transports Products through. This warranty shall be a continuing warranty and shall be binding upon Seller with respect to all Products that Seller ships or delivers to Buyer (including Products in transit).
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