PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

ANGEL GUARD™ PRODUCT

LIMITED WARRANTY AND TERMS AND CONDITIONS AGREEMENT

THIS AGREEMENT CONTAINS THE LIMITED WARRANTY AND TERMS AND CONDITIONS THAT APPLY TO ANGEL GUARD LLC'S ANGEL GUARD™ LINE OF PRODUCT(S) PURCHASED DIRECTLY FROM ANGEL GUARD LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA HAVING OFFICES AT 1049 LARKIN ROAD, SPRING HILL, FL 34608 (THE "COMPANY"). THE TERM "PRODUCT" MEANS THE COMPANY PRODUCT(S) DESCRIBED IN YOUR PURCHASE RECEIPT AND/OR INVOICE. YOU AGREE THAT THIS AGREEMENT APPLIES TO YOUR PURCHASE OF THE PRODUCT(S). AFTER YOUR LIMITED MONEY BACK GUARANTEE EXPIRES, THE REMAINING PROVISIONS OF THIS AGREEMENT WILL CONTINUE TO APPLY.

1. General Terms of Sale.

(a) Inspection of Product(s) Upon Receipt. You must examine the Product(s) when you receive it. If any item is damaged or missing, you must notify the Company within ten (10) days from the date of delivery. The Company is unable to ascertain the manual dexterity or hand strength of each child, and therefore, is unable to place an age limitation with respect to the effectiveness of the Product(s). IT IS YOUR RESPONSIBILITY TO TEST THE PRODUCT(S) WITH YOUR CHILD OR CHILDREN WITHIN THE AFOREMENTIONED TEN (10) DAYS FROM THE DATE OF DELIVERY. In the event said test reveals your child or children are able to remove the Product(s) thereby rendering the Product(s) ineffective, the Company will promptly refund your money upon receipt of the Product(s) that has been returned in the manner set forth in this Agreement. (Note that when there are various ages of children traveling together, the older child or children may have the ability to disengage the Product(s) that has been attached to the younger child or children’s seat belt.)

(b) Shipment and Title. The Company will arrange to ship the Product(s) to your address. Title to the Product(s) passes to you upon delivery to the carrier and risk of loss passes to you upon delivery. The costs of shipping and handling will be shown on your packing slip, purchase receipt or invoice ("Invoice"). The Company will inform you of estimated shipment dates, but it will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures, or acts of God.

(c) Price and Payment. Your total price for the Product(s) will be stated on your Invoice. Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of your order. Prices advertised do not include shipping and handling, or applicable sales taxes, and these will be added to the price you pay. Any existing or new taxes or fees charged by any governmental authority will be added to your invoice.

2. Limited Money Back Guarantee.

(a) The Company offers a limited money back guarantee for thirty (30) days on any new Product(s). TO RECEIVE A REFUND UNDER THE LIMITED MONEY BACK GUARANTEE, YOU MUST NOTIFY THE COMPANY AT THE ADDRESS FIRST WRITTEN ABOVE OF YOUR DESIRE TO RETURN THE PRODUCT(S) WITHIN THIRTY (30) DAYS FROM THE DATE YOU RECEIVED YOUR PRODUCT(S). YOU MUST ALSO RETURN THE PRODUCT(S) TO THE COMPANY'S DESIGNATED ADDRESS SET FORTH IN SECTION 4 OF THIS AGREEMENT WITHIN TEN (10) DAYS AFTER NOTICE HAS BEEN RECEIVED BY THE COMPANY. YOU MUST PROVIDE YOUR SALES RECEIPT AND YOU ARE RESPONSIBLE FOR ALL SHIPPING CHARGES.

(b) The Company will refund the original purchase price of the Product(s) and applicable sales taxes. SHIPPING, HANDLING, INSURANCE FEES, (INCLUDING APPLICABLE SALES TAXES) THAT YOU PAID WHEN YOU BOUGHT YOUR PRODUCT(S) ARE NOT REFUNDABLE, AND WILL BE DEDUCTED FROM YOUR REFUND.

(c) YOU ARE RESPONSIBLE FOR THE PRODUCT(S) UNTIL THE COMPANY RECEIVES THEM, AND YOU ARE RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES. ANY OF THESE CHARGES PAID BY THE COMPANY WILL BE DEDUCTED FROM YOUR REFUND. FOR YOUR PROTECTION, INSURE THE SHIPMENT FOR FULL REPLACEMENT VALUE.

(d) The returned Product(s) must be in the same condition as you received it.

(e) If you are expecting a refund, please allow a reasonable period of time for the Product(s) to arrive at the Company’s office. The Company will inspect the Product(s) and, after it is accepted, process your refund within ninety (90) business days. The Company will notify you if your Product(s) is not accepted.

(f) THE LIMITED MONEY BACK GUARANTEE IS NOT A WARRANTY. THE COMPANY MAY CHANGE OR CANCEL IT AT ANY TIME BEFORE ACCEPTING YOUR ORDER.

(g) The limited money back guarantee for international customers is the same as for customers within the United States. Please call the Company's customer support personnel if you wish to exercise the limited money back guarantee. In all cases, the Company will not be responsible for any shipping and handling charges to and from the Company, or paying or refunding customs fees, taxes or Value Added Taxes (VAT) that may be due.

3. Product Limited Warranty; Disclaimer of Warranties.

(a) THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCT(S). ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED IN SECTION 3(B) BELOW. NO ORAL OR WRITTEN INFORMATION (INCLUDING BUT NOT LIMITED TO THE LIMITED MONEY BACK GUARANTEE), OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.

(b) ANY AND ALL LIABILITY OF THE COMPANY AND ITS AFFILIATES UNDER THIS AGREEMENT IS EXPRESSLY LIMITED TO THE PRICE YOU HAVE PAID FOR THE PRODUCT(S) AND ACCESSORIES. YOUR SOLE REMEDY AGAINST THEM IN ANY DISPUTE UNDER THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID, PURSUANT TO SECTION 6, UPON THE PAYMENT OF WHICH THEY SHALL BE RELEASED FROM AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF USE OF THE PRODUCT(S), COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT PRODUCT(S), DOWN TIME, YOUR TIME, THE CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AND EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

(c) The Company warrants to the original user that the Product(s) will be free from defects in materials and/or workmanship from the date of shipment for the period of thirty (30) days, unless otherwise specifically indicated on your Invoice. During the warranty period, the Company will, at its option:

1. replace the Product(s) with a comparable Product(s), or


2. refund the amount you have paid for the Product(s), LESS DEPRECIATION, upon its return. Any Product(s) will be new or serviceably used, comparable in function and performance to the original Product(s), and warranted for the remainder of the original warranty. Purchasing an additional Product(s) from the Company does not extend this warranty period.

(d) THIS LIMITED WARRANTY IS NOT TRANSFERABLE.

(e) THIS LIMITED WARRANTY COVERS NORMAL USE. THE COMPANY DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR:

1. DAMAGE CAUSED BY FAILURE TO PROVIDE A SUITABLE INSTALLATION OR OPERATING ENVIRONMENT FOR THE PRODUCT(S);


2. DAMAGE DURING SHIPMENT, OTHER THAN ORIGINAL SHIPMENT TO THE CUSTOMER IF THE "COMPANY'S CARRIER" IS USED;


3. DAMAGE CAUSED BY IMPACT WITH OTHER OBJECTS, DROPPING, FALLS, SPILLED LIQUIDS, IMMERSION IN LIQUIDS, EXTREME HEAT, OR EXTREME COLD;


4. DAMAGE CAUSED BY A DISASTER SUCH AS FIRE, FLOOD, WIND, EARTHQUAKE, OR LIGHTNING;


5. DAMAGE CAUSED BY UNAUTHORIZED ATTACHMENTS,

ALTERATIONS, MODIFICATIONS OR FOREIGN OBJECTS;
6. DAMAGE CAUSED BY ACCESSORIES;


7. DAMAGE CAUSED BY THE USE OF THE PRODUCT(S) FOR PURPOSES OTHER THAN THOSE FOR WHICH THEY ARE CUSTOMARILY USED OR INTENDED;


8. DAMAGE FROM IMPROPER INSTALLATION OR MAINTENANCE;


9. DAMAGE CAUSED BY ANY OTHER ABUSE, MISUSE, MISHANDLING, OR MISAPPLICATION;


10. DAMAGE CAUSED BY ACCESSORIES OR OTHER PRODUCTS OF COMPANIES OTHER THAN THE COMPANY; OR


11. DAMAGE CAUSED BY OWNER REPAIRS OR MODIFICATIONS.

(f) The limited warranty is the same for customers who are located outside of the United States, except as stated in this paragraph. To obtain warranty service, you must contact the Company in the same country from which the Product(s) was shipped. On all orders for replacement Product(s), you must pay for the replacement Product(s) and shipping and handling costs before the Company will ship the Product(s). The Company will refund the cost of the Product(s) when you return the defective Product(s) to the Company. Shipping and handling charges are not refundable. THE COMPANY IS ALSO NOT RESPONSIBLE FOR ANY CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE. YOU ARE RESPONSIBLE FOR THESE CHARGES, EVEN IF YOU REFUSE DELIVERY OF THE PRODUCT(S).

(g) The Company's fax machines and modems do not work in every country. Please contact the Company's international customer support personnel about specific countries before you travel abroad.

4. Returns.

In the event that you need to return your Product(s), you shall return said Product(s) in its original package, with your sales receipt, to:

ATTN: Returns/Angelguard
210 N.W. Plaza Drive
Kansas City, MO 64150

5. Trademarks.

Angel Guard LLC is the sole and exclusive owner of the name "Angel Guard™" and any and all Company trademarks, trade names, trade logos and trade dress appearing on, attached to or described in the Product(s), and you acquire no rights to these trademarks.

6. Governing Law.

All questions, issues or disputes arising out of or under this Agreement shall be governed by the laws of the State of Florida and State jurisdiction is hereby agreed by the parties to be in Hernando County, Florida, and Federal jurisdiction is hereby agreed by the parties to be in the Middle District of Florida and all Federal litigation shall be filed and litigated in Tampa, Hillsborough County, Florida. In the event suit is commenced to enforce this Agreement, costs of said suit including reasonable attorney’s fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the other party. In the event that any litigation is commenced by either party to enforce this Agreement, the action will be filed and litigated, if necessary, in a Court of competent jurisdiction located in Hernando County, Florida; and if Company elects to bring such action in Hernando County, Florida, you waive any and all rights to have this action brought in any place other than Hernando County, Florida, under applicable venue laws.

By ordering the Product(s) from this website, you agree that the jurisdiction and venue of all disputes arising out of this Agreement lie in no Court other than those stated above.

7. Compliance with Laws and Regulations.

You must comply with all applicable export laws and regulations of the United States and other applicable countries if you export the Product(s) outside the country.

8. Severability.

If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.

9. General.

You may not assign this Agreement without the Company's prior written consent. The Company and its affiliates are intended beneficiaries of this Agreement. In case of any inconsistency between this Agreement and any other agreement, included with or relating to your Product(s), this Agreement shall take precedence.

BY PURCHASING A PRODUCT(S) FROM THIS WEBSITE, YOU ACKNOWLEGE AND AGREE TO THIS LIMITED WARRANTY AND TERMS AND CONDITIONS AGREEMENT