1.         BINDING AGREEMENT.  I understand and agree that this Agreement is a legally binding agreement between myself and Barefoot Sales Corporation (“Barefoot Connections™”), a California corporation with its principal place of business in Palm Springs, California, USA.  By clicking “I AGREE” below, I am expressing my consent to this Agreement and confirming that I have printed a copy of this Agreement for my records.

2.         PRODUCTS AND AVAILABILITY.  I wish to purchase one or more products from Barefoot Connections™ (“Products”) at the applicable price(s) posted on its e-commerce web site (the “Web Site”).  I agree that all Products are subject to availability.  I understand that there has been no governmental or regulatory agency approval of the Products.  I will read and follow any Product usage instructions provided by Barefoot Connections™ or its authorized representatives.  I agree to promptly pay for any Products I purchase.  I will not resell Products for profit.

3.         RISK OF LOSS.  I agree that any purchase I make from Barefoot Connections™ is made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to me upon delivery to the carrier by Barefoot Connections™.

4.         HEALTH RELATED INFORMATION AND UNCERTAIN RESULTS.  I agree that there is no assurance that the Products will work as I desire, with respect to treatment or prevention of any disease or health related condition.  I agree that any health related, medical, scientific, or other claims, statements, or information I may have received in connection with the Products, is not necessarily applicable to me or any disease or condition which I may have or desire to prevent.  I understand and agree that the information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by my doctor or other health care professional. I will not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by professionals affiliated with Barefoot Connections™) for diagnosing or treating a health problem or disease.  Such information has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease. I also understand it is possible that the Products, like other tangible products subject to wear and tear, could have diminished effectiveness over an extended period of time.

5.         INJURY.  Although Barefoot Connections™ believes that its Products are safe (and particularly safe when used as directed), if I suffer or allege any injury related to my use of the Products, such injury will be entirely my responsibility.  If I use the Products, I will do so at my own risk.

6.         LIMITATION OF WARRANTIES AND LIABILITY.  TO THE MAXIMUM EXTENT ALLOWED BY LAW, I UNDERSTAND AND AGREE THAT BAREFOOT CONNECTIONS™ MAKES NO WARRANTY OR GUARANTEE RELATED TO THE PRODUCTS, EXCEPT AS OTHERWISE PROVIDED ON ITS WEB SITE AT THE TIME I PURCHASE APPLICABLE PRODUCTS.  EXCEPT AS SO PROVIDED, BAREFOOT CONNECTIONS™ AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  I AGREE THAT MY SOLE AND EXCLUSIVE REMEDY FOR ANY VALID LEGAL OR EQUITABLE CLAIM RELATING TO THE PRODUCTS, SHALL BE A REFUND OF AMOUNTS I HAVE PAID FOR SUCH PRODUCTS.  EXCEPT FOR THE FOREGOING REMEDY FROM BAREFOOT CONNECTIONS™, I AGREE THAT BAREFOOT CONNECTIONS™ AND ITS AFFILIATES (AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THEIR WEB SITES, SERVICES, OR PRODUCTS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO ME, I UNDERSTAND THAT SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO ME, AND I MIGHT HAVE ADDITIONAL RIGHTS.

7.         DISPUTES AND APPLICABLE LAW.  I AGREE THAT ANY DISPUTE OR CLAIMS RELATING TO THIS AGREEMENT (AND ITS VALIDITY, FORMATION, OPERATION, OR INTERPRETATION), SHALL BE SUBMITTED TO AND RESOLVED BY CONFIDENTIAL BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCATION, WHICH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF RIVERSIDE IN THE STATE OF CALIFORNIA.  In any such proceeding, each party shall bear its own attorneys’ fees and costs.  I agree that the laws of the State of California shall apply to this Agreement, without application of its principles of conflicts of law. 

8.         OTHER PERSONS.  If I provide my Products to a friend, family member, or other person, I will indemnify and defend Barefoot Connections™ against any claim any such person may bring against Barefoot Connections™ related to the use of Products I have provided.

9.         INTELLECTUAL PROPERTY.  I understand and agree that Barefoot Connections™ and its affiliates own or control all rights to the patents, intellectual property, and technology included in any Products (“IP”).  I agree that by purchasing Products I do not acquire any interest in such IP; and I shall not in any way attempt to copy, duplicate, or reverse engineer such IP.

10.        PRIVACY POLICY AND CONDITIONS OF USE AGREEMENT.  I warrant that I have reviewed the Privacy Policy and Conditions of Use Agreement posted on the Web Site, and I agree to be bound by these.  I further agree to be bound by reasonable amendments of the Privacy Policy and Conditions of Use Agreement, which amendments Barefoot Connections™ may make from time to time.

11.        HIGHER PRICES.  I understand that Barefoot Connections™ sells its Products at prices intended to make the Products affordable for and accessible to most consumers in North America.  I understand that if any material provision of this Agreement were not included here or legally enforced, Barefoot Connections™ would have to charge much higher prices to account for the increased costs and risks associated with the sale of its Products.

12.        ENTIRE AGREEMENT.  I understand and agree that this Agreement, including without limitation any policy or agreement it incorporates by reference, is the only agreement between Barefoot Connections™ and myself relating to the Products.  I agree that no promises, representations, assurances, product claims, or other information relating to the Products are part of this Agreement, unless expressly set forth in this Agreement.  I have printed a copy of this Agreement and will retain it for my records, and I understand that I may obtain a duplicate of this Agreement by submitting a written request to Barefoot Connections™ (addressed to its corporate headquarters as indicated on its then current e-commerce web site).  If I accidentally click “I AGREE” below, I will immediately notify Barefoot Connections™ by calling the customer service telephone number posted on its Web Site.