These Terms and Conditions constitute the agreement (“Agreement”) between you (also referred to as “User”) and HullaballooTrading.com, Hullaballo Trading (hereinafter collectively referred to as “Hullaballoo Trading”) regarding your use of this website and any purchases you make from this website.The HullaballooTrading.com website is owned and operated by Cole & Ashcroft, LP.Your use of the HullaballooTrading.com website and any purchases made from this website is conditioned on your acceptance of all of the terms, conditions, and notices contained herein.Your use of the HullaballooTrading.com website constitutes your agreement to all such terms, conditions and notices.All of the following terms are material terms of this purchase and you should not proceed to checkout or finalize your purchase unless you agree with the following:
Texas Law Applies:
It is agreed that any dispute regarding the use of the HullaballooTrading.com website, any purchase made from this website, or anything that arises from the use of this website, will be governed by the Law of the State of Texas.
Venue in Harris County, Texas:
The venue for the resolution of any dispute regarding the use of the HullaballooTrading.com website, any purchase made from this website, or anything that arises from the use of this website, will be resolved in Harris County, Texas and Harris County, Texas will be the exclusive venue and jurisdiction for any dispute resolution.
Limitation of Liability:
Hullabaloo Trading will not be responsible for incidental or consequential damage related to the purchase and use of any product or products and does not make any guarantees as to the fitness of use for any particular purpose.There are no express or implied warranties that come with the purchase of any of the products sold on the HullaballoTrading.com website save and expect for those warranties specifically set forth within these Terms and Conditions. The sole and exclusive remedy for the purchaser is limited to the return and/or replacement of said merchandise.The parties agree that consequential, punitive, additional, and multiple damages are NOT recoverable.
Dispute Resolution by Binding Arbitration:PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly, easily and reasonably by contacting 877-248-5522 (Monday – Friday, Central Time).However, and in the unlikely event that we cannot resolve the dispute, User and Hullabaloo Trading agree that the exclusive forum for resolving any dispute related to, or arising out of, the use of HullaballooTrading.com, any purchase or attempted purchase of any product from Hullabaloo Trading, or any harm claimed by User as a result of the use of the website or purchase of a product, will be resolved by individual BINDING ARBITRATION.User agrees and understands that this provision does not allow for and prohibits User from participating in any Class Action whether as a Named Representative or a Class Member brought against Hullabaloo Trading.This agreement to arbitrate is intended to be broadly interpreted to include ANYTHING and ANY CIRCUMSTANCE related to the purchase of any product or service from Hullabaloo Trading to include, but not be limited to: any claim based in contract, tort, statute, fraud, misrepresentation or any other legal theory based in State or Federal Law; and claims related to any advertising of the products or the website.The User and Hullabaloo Trading agree that this agreement is enforceable under the Federal Arbitration Act and shall survive the termination of this agreement.
Any party desiring to initiate the Binding Arbitration process shall notify the other party by certified mail, return receipt requested, at Cole & Ashcroft, LP, 5631 Brystone Drive, Houston, Texas77041.This Notice must describe in detail the complaint being made and the specific relief being sight or requested.The parties will then have sixty (60) days to resolve the dispute informally prior to either party initiating the Arbitration process.
The arbitration will be governed by the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) of the American Arbitration Association (“AAA”) as modified by this Agreement, and will be administered by the AAA.Any arbitration must take place in Harris County, Texas.The parties to this Agreement agree that should any party breach this Arbitration Agreement by filing a Petition or Complaint in State of Federal Court that the other party will be entitled to costs and attorney’s fees in compelling arbitration – with the amount of the costs and attorney’s fees to be awarded by the arbitrator.
Termination of Account/ Access Restriction:
User understands and agrees that Hullabaloo Trading reserves the right to terminate, or restrict access to, the website or Hullabaloo Trading’s products for any reason, at any time, and in the sole discretion of Hullabaloo Trading without notice to User.
If any part of this agreement is determined to be invalid or unenforceable, then the invalid/unenforceable term, sentence, or paragraph (as the case may be) shall be deemed to be superseded by a valid and enforceable term, sentence, or paragraph that most closely matched the intent of the parties.The balance of this Agreement shall at all times remain in full force and effect.
Entirety of Agreement:
These Terms and Conditions, together with the terms of purchase agreed to at the time of purchase (i.e. product, amount, price etc.) constitute the entirety of the Agreement and supersede any prior written or oral agreements or understandings.These terms may only be altered, expanded, or amended if done in writing on this website.