Following are the terms of use for businesses who sign up for the Gumbo Green Games
Participant agrees to participate in the Gumbo Green Games sponsored by Sponsor during the period [DATE] through [DATE], as described in Sponsor’s website at [URL]. [Payment by Participant is also described in Sponsor’s website.]
Participant and Sponsor agree that this Participation Agreement is subject to and governed by the following terms and conditions.
1. DISCLAIMER OF WARRANTY. PARTICIPANT AND SPONSOR AGREE THAT THE SERVICES TO BE PROVIDED BY SPONSOR HEREUNDER, OR BY ANY SERVICE PROVIDER RECOMMENDED BY SPONSOR, ARE WITHOUT ANY WARRANTIES OR REPRESENTATIONS FROM SPONSOR AND THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS COLLATERAL TO OR AFFECTING SUCH SERVICES. ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES ARE HEREBY DISCLAIMED BY SPONSOR AND EXPRESSLY WAIVED BY PARTICIPANT. PARTICIPANT WILL HAVE NO RIGHT OR CAUSE OF ACTION AGAINST SPONSOR TO ASSERT ANY SUCH WARRANTIES IN ANY CONTROVERSY, CLAIM, DEMAND, OR LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND HEREBY WAIVES ANY SUCH RIGHT OR CAUSE OF ACTION.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OF ITS MEMBERS OR MANAGERS BE LIABLE TO PARTICIPANT OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES BASED UPON LOST GOODWILL, LOST SALES OR PROFITS, WORK STOPPAGE, PRODUCT FAILURE, IMPAIRMENT OF OTHER GOODS OR OTHERWISE AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE.
FORCE MAJEURE. Sponsor shall not be liable for damages as a result of any delay or failure of delivery of any services to any cause beyond Sponsor’s control, including, without limitation, acts of God, acts of Participant or any of its representatives, acts of any service provider recommended by Sponsor or any of their representatives, any statute, ordinance, regulation, order or other governmental action, fire, accident, strike, slow down, riot, terrorism, or war.
GOVERNING LAW; SEVERABILITY. This Agreement will be governed by and construed in accordance with the laws of the state of Louisiana, except as otherwise required by mandatory provisions of law. Should any clause, sentence, paragraph, or section of this Agreement be judicially declared to be invalid, unenforceable or void, such adjudication shall not affect or modify any other provision of these terms of sale and the effect thereof will be confined to the provision as to which such adjudication is made.
SPONSOR’S RIGHT TO TERMINATE. Sponsor may suspend performance under or terminate this Agreement or any order or other obligation hereunder immediately by notice to Participant if: (a) Participant fails to make any payment on the date due or to accept delivery of any shipment; (b) Participant makes any assignment for the benefit of creditors; (c) Participant admits its inability to pay debts as they become due; or (d) any proceeding for the bankruptcy, insolvency, or reorganization of Participant is brought by or against Participant. In the event of such termination by Sponsor or in the event of termination or attempted termination of this Agreement by Participant, Sponsor may, at its option, cease providing the Services and retain any consideration previously paid by Participant.
COMPLETE AGREEMENT; AMENDMENTS; CHANGE ORDERS. All terms and conditions of sale are contained herein and govern the Participant’s participation in the Gumbo Green Games sponsored by Sponsor and may not be modified or amended except by an agreement duly executed in writing by the parties hereto.