MARRS-BAR, LLC

TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS APPLY TO ALL SALES AND USES OF MARRS-BAR, LLC PRODUCTS OR SERVICES. PLEASE REVIEW CAREFULLY AND THOROUGHLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS, YOU HAVE 30 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT. YOU ARE RESPONSIBLE FOR ALL RE-PACKAGING AND SHIPPING FEES.

“Marrs-Bar” means Marrs-Bar, LLC, a Kansas limited liability company (“Marrs-Bar”) and any and all of its affiliates and/or subsidiaries and/or business agents, servants and employees.

High-Risk Activity. Products sold by Marrs-Bar include equipment and gear used in fitness, weight training, and high intensity athletic activity. Participation in these activities is a high-risk activity. You participate in these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities.

Assumption of the Risk. By buying, using, providing, or allowing the use of Marrs-Bar’s products, you understand and agree that fitness, weight training, and high intensity athletic activity are high-risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR ANY OTHER FAULT of Marrs-Bar including but not limited to equipment malfunction from whatever cause, or any other fault of Marrs-Bar. Additionally, you agree to indemnify, defend and hold Marrs-Bar harmless from any third-party claims arising from such high-risk activities or any other Marrs-Bar product.

Limited Replacement Warranty. Marrs-Bar warrants its products to be free from defects in materials and workmanship for a period of 90 days from date of purchase, provided they have not been subjected to obvious abuse, neglect, misuse or installation. Marrs-Bar’s sole liability is limited to repairing or replacing products that are returned within this 90-day period, unless specific product literature specifies otherwise.

WARRANTY DISCLAIMER. THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF MARRS-BAR. MARRS-BAR NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITES OR OTHERWISE. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE UNITED STATES BOUNDARIES.

Limitation of Liability. As set forth under the limited warranty provisions, Marrs-Bar’s liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. Marrs-Bar’s liability will not exceed the value of the products sold. Marrs-Bar shall not be liable for any special or consequential damages that result from the use of any of its product. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation permitted by law.

Warning. Use and misuse of products sold through Marrs-Bar’s websites or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Marrs-Bar cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through Marrs-Bar’s websites or otherwise.

Inspect Before Use. Inspect the Marrs-Bar before use to ensure it has not been damaged during shipment. If damaged, do not use and immediately return the product to Marrs-Bar for a replacement.

General Disclaimer. Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. Marrs-Bar is not liable for such errors. Marrs-Bar reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website, please let us know.

Applicable Law and Resolution of Disputes. Your order from Marrs-Bar shall be interpreted and construed in accordance with laws of the State of Kansas without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Kansas City, Kansas and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of Marrs-Bar products or any other claim related to the use of products sold through its websites or otherwise, must be commenced within one (1) year after the claim or cause of action arises. Marrs-Bar’s failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.