1. YOUR ACCOUNT
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. Binocularsproshop may sell products made for children, but it is Binocularsproshop’s intention to only sell such products to adults. It is Binocularsproshop’s intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.
9. GENERAL INFORMATION
Entire Agreement. This TOU Agreement constitutes the entire agreement between you and Binocularsproshop and governs your use of the Services, superseding any prior agreements between you and Binocularsproshop with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Binocularsproshop products and/or services, affiliate services, third party content, or products, or third party software.
Choice of Law and Forum. This TOU Agreement and the relationship between you and Binocularsproshop shall be governed by, construed, and enforced in accordance with the laws of the State of Nebraska, excluding its conflict of law provisions. You and Binocularsproshop agree to submit to the personal and exclusive jurisdiction of the courts located within Douglas County, Nebraska.
Waiver. The failure of Binocularsproshop to exercise or enforce any right or provision of this TOU Agreement or breach of this TOU Agreement by you shall not constitute a waiver of such right or provision.
Severability. If any provision of this TOU Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TOU Agreement will continue in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOU Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in this TOU Agreement are for convenience only and have no legal or contractual effect.