Terms & Conditions
Product Liability Disclaimer
PRx Performance, LLC, a North Dakota limited liability company doing business as SensoryRx (“SensoryRx”) offers its products to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your continued use of the products constitutes your consent to the terms, conditions and notices contained herein, as may be modified by SensoryRx from time to time. All products offered by SensoryRx are sold subject to the terms and conditions stated herein, and any additional, different or inconsistent terms reposed by buyer, whether in writing or otherwise, are hereby objected to and rejected and SensoryRx shall not be bound thereby unless expressly agreed in a writing signed by SensoryRx that such terms and conditions shall supersede those contained herein. Buyer agrees to review these terms and conditions prior to purchase and the purchase of a good or service shall be deemed acceptance of these terms and conditions.
SensoryRx warrants its products against structural failure due to defects in materials and workmanship for the warranty periods and material categories prescribed on its website at: https://www.sensoryrx.com/pages/sensoryrx-warranties
SensoryRx’s limited warranties do not cover products: i) for cosmetic damage or flaws occurring under normal use, such as scratches, chips, discoloration, color fade, discoloration etc.; ii) that have been modified, altered, or repaired by unauthorized third parties; iii) that have not been used as designed or intended, misused, or used outside of the instructions, guidelines and/or recommendations of SensoryRx; iv) to which non-SensoryRx parts have been added or substituted; v) that have been removed from their original location and re-installed elsewhere; vi) that have been damaged due to excessive wear and tear, vandalism, abnormal use, abuse, negligence, environmental or other external factors.
Customer acknowledges that there is an inherent risk of physical injury in use of the SensoryRx products and assumes all risk associated with use of the SensoryRx products. It is the sole responsibility of the user and/or supervising adult to make sure a product is appropriate for user’s intended use and to warn users of risks with the use of SensoryRx products, including but not limited to physical injury. It is recommended that all items purchased from SensoryRx are used under adult supervision at all times. SensoryRx products are not recommended for everyone and may include recommended weight limitations or other product use guidelines. Users should inspect products before each use for defects or wear. Please stop using any product with defects or wear. Installation of all products must be done by a qualified installer or local contractor with the knowledge of installing such products. SensoryRx is not responsible for damage, dissatisfaction, or any other issues arising from failure to follow instructions relating to any product’s use, care, or maintenance.
Customer agrees to indemnify, defend and hold harmless SensoryRx, its owners, officers, agents, successors, and assigns, from and against any and all claims, demands, causes of action, losses or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising directly or indirectly from any use or misuse of the Sensory Rx products.
In the event of any dispute, claim, or disagreement arising from or relating to this agreement or the breach thereof, then, upon notice by SensoryRx, all disputes, claims, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. Any claim or dispute related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Arbitration Rules then in effect, and the venue shall lie in Cass County, North Dakota. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction
For a full understanding of your rights, you should consult the laws of your country, state, or province. To the extent any provision of these warranties, terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions will be enforced to the maximum extent permissible under applicable law, and the other provisions will remain in full force and effect. To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies, and conditions, whether oral, written, statutory, express, or implied. SensoryRx disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose in warranties against hidden or latent defects, to the extent permitted by law. To the extent such warranties cannot be disclaimed, SensoryRx limits the duration and remedies of such warranties to the duration of this express warranty and, at SensoryRx’s option, the repair or replacement services described above. Because some countries, states, and provinces do not allow limitations on how long an implied warranty, or condition, may last, the limitations described above may not apply to you.
SENSORYRX EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO THE USE OR MISUSE OF THIS PRODUCT. IN NO EVENT WILL SENSORY RX’S LIABILITY EXCEED THE VALUE OF THE PRODUCT(S) SOLD.
THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR SELLER’S PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT OR USE, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT. IN NO EVENT WILL SENSORY RX BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT.