TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOFRESHBABY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PRODUCT. THE PRODUCT IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT. NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY GOFRESHBABY.
You must not resell Product, through brokers, exporters. If you breach the terms of this section you agree to fully indemnify GoFreshBaby, its officers, employees and distributors, from any and all liability related to such resale, including attorneys’ fees and costs.
You agree to use Product in accordance with FDA approved food sanitation guidelines, proper food handling tips and food safety best practices. GoFreshBaby is not liable for any and all claims or costs (including reasonable attorney’s fees) related to (1) improper food handling or (2) improper food sanitation practices related to use of Product.
If any provision of this Agreement is held for any reason to be invalid or unenforceable, then the remaining provisions of this Agreement will be unimpaired and, unless a modification or replacement of the invalid or unenforceable provision is further held to deprive you or GoFreshBaby of a material benefit, in which case the Agreement will immediately terminate, the invalid or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the intention underlying the invalid or unenforceable provision.
The waiver by GoFreshBaby of any breach of any provision of this Agreement will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.