SPORTS FOREST LLC CUSTOMER PAYMENT PLAN AGREEMENT
This SPORTS FOREST LLC CUSTOMER PAYMENT PLAN AGREEMENT (the "Agreement") is between you ("You" or "Your") and Sports Forest LLC., with corporate offices at 341 E Hoover Ave. Orange 92867, (collectively "Sports Forest," "Baseball Forest," "We," "Us," or "Our"), establishing terms and conditions under which You will submit information to, and own baseball equipment (each a "Product" and collectively, "Products") and receive related services ("Services") from, via our website at www.baseballforest.com (the "Website").
You agree and acknowledge that Sports Forest LLC owns the Products which are the subject of this agreement until You have made all payments required per Paragraph 5 a-d below, after which time You will own the Products.
3. Adult (18 Years or Older) Agreement Required for Payment Plan.
Our Products may be used by individuals under 18 years of age, but We only provide Payment Plans to adults. Adults may rent the Products with a payment card or other approved payment method. By clicking the "I Accept" button, You represent that you are 18 years or older and that You are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Products as described herein.
4. Limitation of Total Products.
You may possess a maximum of four (4) Products that we own pursuant to Paragraph 2 at any given time. Once you own a Product pursuant to Paragraph 2 it shall no longer count toward this maximum.
5. Monthly Payments; Payment Card Authorizations; Late Charges.
a. Monthly Payments: The “Monthly payment” for the Product(s) will be the total monthly fee, not including the delivery charges, listed on the Website in connection with Your order of the Products.
b. Payments: Upon Your order for a Product(s), You hereby authorize Sports Forest LLC to immediately charge Your payment card for the shipping, and the first Monthly Payment. You also hereby authorize Sports Forest LLC to charge Your payment card recurring Monthly Payments commencing 1 month after Your order date and then continuing on the same day each month (the Due Date) until each Monthly Payment is made.
In addition, at the time of Your order of a Product, You hereby authorize Sports Forest LLC to charge Your payment card for an amount equal to 100% of the entire original retail value of that Product set forth on the Website, ("Retail Value") plus applicable sales taxes. Monthly Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, and interest all of which shall be paid by You directly or, if paid by Sports Forest LLC, shall be paid by You to Sports Forest LLC in connection with Your order.
d. Late Charge: You agree that if any Monthly Payment charge is declined and/or remains unpaid for 7 days after the Due Date, Sports Forest LLC shall be entitled to an additional payment of a “Late Charge”, equivalent to $10, for every 7 days any PAYMENT PLAN payment is declined and/or remains unpaid. “Late Charges” will continue to accrue until the Rental Fee and all subsequent “Late Fees” have been paid.
6. Deliveries of Products.
a. We will deliver the Products You ordered, including the specified size, color and design, within 7 business days of the date, in which Your order was received by Us, except to the extent we informed You in connection with Your order that the specific Product was not guaranteed. Products may appear different in color and style than the photos displayed on the Website. Our liability to You for failure to deliver the Product as ordered is limited to the timely delivery of Product as determined by us.
b. Your Products will be delivered through Sports Forest LLC’s shipping partners, which may change from time to time at the Company's discretion. Sports Forest LLC’s shipping partners are national delivery services such as FedEx, United Parcel Service, and the United States Postal Service. The shipping method used will be at the discretion of Sports Forest LLC. The Products will be inspected and delivered ready to use. We do not guarantee all Products will be brand new. We inspect each product with the utmost care, but use of the product is at Your own risk and Sports Forest LLC shall not be held liable for any bodily injury or property damage complaints associated with a Product provided by Sports Forest LLC.
c. Upon delivery, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, Sports Forest LLC does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Sports Forest LLC is not liable.
If You do not pay the amounts You owe to Us when due, then We will institute collection procedures. You agree to pay Our costs of collection, including without limitation reasonable attorneys' fees, expenses, and interest at 10% per annum on any payments not made when due. If legal proceedings are required You agree that The Superior Court of California, County of Orange will be the legal venue. During the collection process we will attempt to send You one email concerning your past due account and one letter mailed to your shipping address to notify you of the situation prior to launching collections procedures. It is Your responsibility to contact Us should any of Your personal information change during the course of this Agreement including, but not limited to: address, phone number, credit card number, email address.
a. Limited Warranty. The limited warranties set forth in Section 6(a)-(b) apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 6(a)-(b). Our warranty herein shall not apply to any matters arising from violation of Your obligations in this Agreement.
b. Remedies. Your sole and exclusive remedy and Sports Forest LLC’s sole and exclusive liability for a breach of Sports Forest LLC’s limited warranty shall be, at Sports Forest LLC’s option, Sports Forest LLC’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of any Monthly Payments made (excluding delivery charges).
c. Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES. SPORTS FOREST LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE PRODUCT, ITS MERCHANTABILITY, ITS DESIGN, ITS CAPACITY, ITS PERFORMANCE, ITS MATERIAL, ITS WORKMANSHIP, ITS FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL MEET THE REQUIREMENTS OF ANY LAWS, RULES, OR SPECIFICATIONS.
d. Guides On our Website. We offer various Guides to assist You in selecting a Product. Our Guides are
provided "AS IS" only without guarantee as to results.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL SPORTS FOREST LLC OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SPORTS FOREST LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SPORTS FOREST LLC FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO YOU OR ANY THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE PRODUCT(S). SPORTS FOREST LLC SHALL NOT BE LIABLE IN ANY EVENT TO YOU FOR ANY LOSS, DELAY, OR DAMAGE OF ANY KIND OR CHARACTER RESULTING FROM DEFECTS IN, OR INEFFICIENCY OF THE PRODUCT(S) HEREBY PROVIDED OR ACCIDENTAL BREAKAGE THEREOF.
10. Assumption of the Risk
YOU TAKE POSSESSION THE PRODUCT(S) “AS IS”. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING THE COURSE OF THIS AGREEMENT.
In consideration of allowing YOU to take possession of and own the Products, You agree to hold harmless, release, defend, and indemnify Sports Forest LLC and Baseball Forest, their affiliated companies and subsidiaries, successors in interest, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Indemnified Party”) for any and all liability and/or claims for injury or death to persons or damage to property arising from anyone’s use of the Product, including those injuries and damages caused by any Indemnified Party’s alleged or actual negligence or breach of any express or implied warranty. You take full responsibility for any injury, loss or death to anyone involving the Product, arising in whole or in part by any use of the Product. You agree to pay all attorney’s fees and costs, including expert witness fees and costs, incurred by any Indemnified Party in defending a claim or suit brought by or on behalf of You or any third party relating to the Product. However, You shall have no obligation to indemnify and defend any Indemnified Party for acts arising from the sole negligence or willful misconduct of such Indemnified Party.
b. Modifications may be made only by Sports Forest LLC. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment.
c. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement.
d. The Agreement shall be governed by and construed in accordance with the laws of the State of California.
e. Termination of this Agreement will not relieve You of any payment obligations hereunder.
f. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof will remain in full force and effect.
g. Sports Forest LLC is not liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war, embargo, and/or riots or acts of terrorism.
h. You shall pay Sports Forest LLC all costs and expenses, including attorneys’ fees, incurred by Sports Forest LLC in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.
i. We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing firstname.lastname@example.org or by following the links provided at the bottom of those e-mails when available.