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Mobi Max Liability Release

LIABILITY RELEASE FOR MOBI MAX PURCHASERS

Purchase and Hold Harmless Agreement

WARNING: Please read carefully before accepting and ordering the Mobi Max.

I fully understand the importance of each of the following items listed, and I assume complete and sole responsibility for each of these items:

  •    The need to wear a helmet and other appropriate protective gear and the consequences of not wearing them.
  •    The need for lights and reflectors when operating this mobile self-balancing equipment at night.
  •    The need for regular equipment maintenance.
  •    The importance of reading the information on nit-wit.com regarding this mobile self-balancing equipment.
  •    The equipment should only be used on level surfaces- which are free of obstacles and other dangers.
  •    The importance of reading all of the terms and conditions below.

I understand that operating this mobile self-balancing equipment involves certain risks, including, but not limited to, the risk of serious injury or death. I freely agree to assume full responsibility for the risks involved.

By checking the box on the checkout page, you agree to be legally bound by the terms of this Purchase and Hold Harmless Agreement, as if you physically signed a paper agreement. If you do not agree please do not complete the purchase.

In consideration for the sale of the Mobi mobile self-balancing equipment products being purchased (the “Product”) by me through Street Petz, I hereby expressly agree to the following terms and conditions that form a legal agreement between me as the purchaser of the Product, and Street Petz, LLC, a Colorado limited liability company, the seller of the product (“Seller”) and operator of Street Petz:

1  I am at least 18 years old and understand that the Product has potentially dangerous properties that may endanger life and limb.

2  For a period of 90 days from the date I purchase the Product (“Warranty Period”), Seller warrants to me only as the original purchaser that the Product is free from material defects. If during the Warranty Period the Product proves not to be in compliance with this limited warranty upon notification from me as the original purchaser to Seller, Seller, at its sole option, shall repair the product, provide a replacement Product, or reimburse me as the original purchaser for the purchase price of the Product. In the event of repair or replacement of the Product under the terms and conditions of this limited warranty, this warranty will apply to the repaired or replacement Product for the remainder of the original Warranty Period applicable to the Product originally purchased by me. I understand and agree that this is the sole and exclusive remedy to me for any breach or violation of the foregoing limited warranty. This limited warranty only applies to the original purchaser.

3  The limited warranty above does not cover damage or defects to the Product resulting from or in any way attributable to: (i) the improper use or handling of the Product (including, without limitation, failure to use the Product in accordance to the owner’s manual, website instructions, or state or local laws), (ii) neglect, (iii) abuse, (iv) alteration, (v) acts of God, (vi) impact of foreign objects, or (vii) lack of proper maintenance.

4  To claim the benefits of the above limited warranty, I agree that I must notify Seller at the following email address dryoukey@mac.com or by phone at 1.303.668.2220. I must include reasonable detail regarding the material defect in the Product. In addition, I agree that I must return such impacted Product to Seller for repair or replacement in accordance to Seller’s instructions.

5  EXCEPT AS EXPRESSLY SET FORTH IN SECTION 1 OF THIS AGREEMENT, SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY OR ADEQUACY OF THE PRODUCTS FOR ANY PURPOSE OR USE.

6  IN NO EVENT SHALL SELLER, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, OR THE SELLER’S HEIRS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING PURSUANT TO THE EXPRESS LIMITED WARRANTY, OR IN CONTRACT, INDEMNITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCTS LIABILITY, STRICT LIABILITY, OR OTHERWISE, NOR SHALL SELLER’S OR ANY OF THE ABOVE REFERENCED PARTIES’ LIABILITY ON ANY CLAIM FOR DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALE, PURCHASE, DELIVERY, POSSESSION, STORAGE, OR USE OF THE PRODUCT EXCEED THE TOTAL PURCHASE PRICE ACTUALLY PAID BY ME FOR THE PRODUCT.

7  I understand that Seller is the distributor and not the manufacturer of the Product.

8  I will not possess, store, or use the Product in violation of any local, state, or federal law.

9  Once the Product leaves Seller’s possession or facilities it is my sole responsibility.

10           I, on behalf of myself, my successors and assigns, agree to hold Seller, its members, officers, employees, agents and suppliers, and the Seller’s heirs or assigns, harmless from and will indemnify the Seller, its members, officers, employees, agents and suppliers, and the Seller’s heirs or assigns from any and all damages caused by the purchase, possession, storage, or use of the Product. I agree to fully indemnify and hold harmless the Seller, its members, officers, employees, agents and suppliers, and the Seller’s heirs or assigns from any third party lawsuits or claims and any associated damages, liabilities, penalties, fines and reasonable attorney’s fees that involve, in any way, the Product purchased by me. I agree that I will be solely responsible for any reasonable attorney’s fees incurred by Seller, its members, officers, employees, agents and suppliers, and the Seller’s heirs or assigns related to any of the foregoing claims or damages.

11           The laws of the State of Colorado shall govern all matters arising under and relating to this Agreement and use of the Product, including torts, without application of its conflict of laws principles. Any claim brought against the Seller regarding the subject matter of this Agreement must be brought in the State or Federal courts with jurisdiction in Denver County, Colorado.

12           This Agreement cannot be modified, except in writing, agreed to by both Seller and me. 

This Agreement is binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall remain enforceable.

 

I have read and agree to these terms.  By purchasing this device, I agree to everything above and hold harmless Street Petz of any legal issues due to using this device. 

 

________________________________  Signature