Hold Harmless Agreement
Between:
The Customer
And:
Melissa Nugent
dba Caribou Candles
Utica, NY 13502
cariboucandles2023@gmail.com
Hold Harmless Clause:
In consideration of the services provided by Melissa Nugent dba Caribou Candles for the updating of the Customer hereby agrees to release, indemnify, defend, and hold harmless Melissa Nugent, his/her agents, employees, and affiliates, from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees), arising out of or related to:
- Any malfunction, downtime, or inaccessibility of the Website, whether due to the updating process or otherwise.
- Any errors, bugs, or glitches introduced during the updating process.
- Any loss of data or information stored on the Website or any related systems.
- Any claims or actions by third parties arising from the Website’s content, functionality, or accessibility, whether during or after the updating process.
- Any malfunctions to the candle, fragrance, oil, wick, jar, wax or any other parts of any products purchased, won or acquired from Caribou Candles.
- Any damages, malfunctions, or breakages due to candle or diffuser use.
- Any breakages, damages, injuries from Caribou Candles products.
Acknowledgment:
The customer acknowledges that Melissa Nugent, dba Caribou Candles, is not responsible for any consequences resulting from the updating process beyond his/her control, including but not limited to technical issues, server problems, or changes in internet standards and protocols.
Limitation of Liability:
In no event shall Melissa Nugent, dba CNY Creative Concepts, be liable for any direct, indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the services provided, even if advised of the possibility of such damages.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of NY, USA, without regard to its conflicts of law provisions.
Execution:
This Agreement shall be effective upon the purchasing or acquiring of any Caribou Candle product. Each party represents and warrants that it has full power and authority to enter into this Agreement and to perform its obligations hereunder.
Melissa Nugent
dba Caribou Candles