FringeSport, Inc. (“FringeSport”) offers this product to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your continued use of this product constitutes your manifestation of assent to the terms, conditions, and notices contained herein.
This product has been designed for the specific use designated within its accompanying instructional materials or as displayed on the FringeSport website. This product may not be used for unlawful uses or for uses not expressly stated in its instructional materials.
FringeSport does not represent or warrant that the use of this product will have the results described in its accompanying documentation or that the information provided with this product is complete, accurate, or useful. You should test this product to determine its properties and its suitability for your intended use.
FRINGESPORT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT. THIS PRODUCT IS PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
FRINGESPORT WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. IN NO EVENT WILL FRINGESPORT’S LIABILITY EXCEED THE VALUE OF THE PRODUCT(S) SOLD.
You agree to indemnify, hold harmless, and defend FringeSport, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the product.
YOU UNDERSTAND AND AGREE THAT ATHLETIC AND RECREATIONAL ACTIVITIES CAN BE HAZARDOUS AND THE USE OF FRINGESPORT’S PRODUCTS MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, AND DEATH. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITIES FOR LOSSES, COSTS, AND DAMAGES THAT YOU MAY INCUR AS A RESULT OF YOUR PARTICIPATION IN ATHLETIC AND RECREATIONAL ACTIVITIES, AND YOUR USE OF THIS PRODUCT WILL NOT MAKE FRINGESPORT RESPONSIBLE FOR THE RISKS AND DANGERS INHERENT IN ATHLETIC AND RECREATIONAL ACTIVITIES.
The product liability disclaimer document states the entire obligation of FringeSport with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.