Legal notice

Warranty Disclaimer

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ADEQUACY, USEFULNESS, TIMELINESS, ACCURACY, SHELF LIFE OR AVAILABILITY OF THE WEBSITE OR ANY INFORMATION OBTAINED FROM THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY GOODS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

Items depicted or described herein are not necessarily suitable for every kind of use and, therefore, UNLESS OTHERWISE STATED IN WRITING, MAGNOLIA BEE & SUPPLY MAKES NO WARRANTY THAT THE CONTAINERS, CLOSURES, AND OTHER ITEMS DEPICTED OR DESCRIBED HEREIN ARE FIT FOR ANY PARTICULAR PURPOSE OR SHELF LIFE. ITEMS ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MAGNOLIA BEE & SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Any damage that happens to equipment / supplies arising from alteration, abuse or use of product for other than its intended purpose CAN NOT AND WILL NOT be covered by Magnolia Bee & Supply.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Notwithstanding anything to the contrary herein, this Warranty Disclaimer section will survive any expiration or termination of these Terms and Conditions.

Limitation of Liability

FOR THE WEBSITE: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA (COLLECTIVELY, “INDIRECT DAMAGES”), AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

FOR MAGNOLIA BEE & SUPPLY'S GOODS AND SERVICES: MAGNOLIA BEE & SUPPLY'S LIABILITY ON CLAIMS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WITH RESPECT TO THE GOODS OR SERVICES SHALL NOT EXCEED THE PRICE OF THE GOODS OR SERVICES OR PART THEREOF WHICH GIVES RISE TO THE CLAIM. IN NO EVENT SHALL MAGNOLIA BEE & SUPPLY BE LIABLE FOR ANY INDIRECT DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE GOODS ON THIS WEBSITE OR THE PERFORMANCE OF THE GOODS, EVEN IF MAGNOLIA BEE & SUPPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding anything to the contrary herein, this Limitation of Liability section will survive any expiration or termination of these Terms and Conditions.

Indemnification

Buyer agrees to indemnify, defend, and hold harmless, Magnolia Bee & Supply, its officers, directors, members, employees, parent, subsidiaries, divisions, affiliates, successors and assigns, from and against all claims, liabilities, judgments, awards, losses, expenses, damages and costs, including reasonable attorney’s fees, arising in whole or in part out of (a) failure of Buyer, its agents, employees or customers to follow specifications, instructions, warnings or recommendations furnished by Magnolia Bee & Supply, (b) failure of Buyer, its agents, employees or customers to comply with all applicable laws and regulations, including, but not limited to any applicable Federal, state and local laws and regulations governing hazardous materials or safety, all as they may be amended or supplemented from time to time, (c) misuse of the goods by Buyer, its agents, employees or customers including use of goods with any substance that causes injury to person or property, (d) misrepresentation by Buyer, its agents, employees or customers, (e) the sole or contributing negligence of Buyer, its agents, employees or customers, or (f) alleged infringement of any patent, trademark or copyright as a result of Magnolia Bee & Supply's performance in accordance with Buyer’s designs, plans, specifications or directions, (g) any and all lawsuits, liabilities, damages, injuries, claims, demands and expenses (including attorneys’ fees and legal expenses) of whatever kind and nature arising on account of the manufacture, use, storage, maintenance or repair of any of Magnolia Bee & Supply’s goods regardless of by whomever manufactured, used, operated, maintained or stored and/or arising as a result of claims based upon strict liability imposed upon Magnolia Bee & Supply except for claims directly resulting from Magnolia Bee & Supply's gross negligence; (h) any violation of these Terms and Conditions or any activity related to Buyer’s account (including negligent or wrongful conduct) by Buyer or any other person accessing the Website using Buyer’s Internet account; or (i) Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or Your use of any information obtained from the Website. Buyer hereby waives and releases Magnolia Bee & Supply from all rights of contribution or indemnity to which it may otherwise be entitled. Notwithstanding anything to the contrary herein, this Indemnification section will survive any expiration or termination of these Terms and Conditions.

Buyer Agreement

It is the sole responsibility of the Buyer to determine the suitability of any services and goods including all parts and components of the goods purchased from Magnolia Bee & Supply, and Buyer agrees that it is not relying on Magnolia Bee & Supply in making such determination even if Magnolia Bee & Supply provided assistance, guidance or design. The Buyer should not rely on Magnolia Bee & Supply in making such determination. Buyer assumes full responsibility for any particular use or purpose. Buyer should not order or use any goods or services unless it is satisfied that the goods and services are suitable for Buyer’s use. Buyer agrees to store and use all goods and services in a safe manner and in compliance with all applicable laws. Magnolia Bee & Supply cautions Buyer, and Buyer acknowledges being advised, that not all products are compatible with the containers and other goods sold on this website and Buyer agrees not to use any goods with any abrasive, caustic, or acid solutions or any other substance, which may cause injury to persons or property. Buyer agrees to comply with all local, state and federal laws governing the use or resale of goods sold by Magnolia Bee & Supply.

Force Majeure

Company shall not be liable for any delay or other failure of performance due to causes beyond its reasonable control, including without limitation acts of God, acts of Buyer, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, epidemic, war, riot, delays in transportation or car shortages, inability to obtain necessary labor, materials, components, equipment, services, energy or utilities through Company’s usual and regular sources at usual and regular prices or failure or inability of the manufacturer of the goods to perform. In any such event, Company may, with notice to Buyer, at any time and from time to time without further liability to Buyer (a) postpone its performance, (b) make partial performance or cancel all or any portion of this contract or (c) allocate available quantities among its customers in any manner which Company deems reasonable. Cancellation of any part of this contract shall not affect Company’s right to payment for performance of any other part hereof.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Disputes

These Terms and Conditions shall be construed in accordance with the laws of the State of Texas, without regard to principles governing conflicts of laws. ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THESE TERMS AND CONDITIONS, OR THE RELATIONSHIP BETWEEN THE PARTIES (OTHER THAN CLAIMS RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF MAGNOLIA BEE & SUPPLY OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS OR LICENSORS OR CLAIMS IN EQUITY) SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN MAGNOLIA, TEXAS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT AN ARBITRATOR(S) WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and You consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration or proceeding shall be limited to the dispute between us and You individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If Company pursues any legal action to enforce any of its rights, Company shall be entitled to recover from Buyer all reasonable attorneys’ fees and all other costs and expenses incurred by Company in connection with such action.

Any action against Company with respect to the goods or services purchased on this Website will be forever barred and waived and released by Buyer if it is not commenced by Buyer within one year from the date of delivery of the particular good or service which gives rise to the claim.