Product Liability Disclaimer

Element Weather Gear ("EWG") 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 acceptance of these terms, conditions, and notices.

WARNING:

This product is designed for [intended use] and may cause serious injury if used improperly. Always follow safety instructions and consult a professional if needed. By using this product, you assume all risks associated with its use and agree to hold EWG harmless from any resulting injuries. This product is intended for specific uses as designated in its accompanying instructional materials or as displayed on the EWG website. It may not be used for unlawful purposes or for uses not expressly stated in its instructional materials.

EWG does not guarantee that the use of this product will yield the results described in its accompanying documentation or that the information provided is complete, accurate, or useful. You should test this product to determine its properties and suitability for your intended use.

EWG 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, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW THE 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.

EWG 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, PROPERTY DAMAGE, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. IN NO EVENT WILL EWG'S LIABILITY EXCEED THE VALUE OF THE PRODUCT(S) SOLD.

 

PRODUCT LIABILITY WAIVER:

EWG provides protection that effectively helps you implement a more productive and safer environment.

You agree to indemnify, hold harmless, and defend EWG, its officers, employees, agents, successors, and assigns from and against all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that arise directly or indirectly from your use of the product.

YOU UNDERSTAND AND AGREE THAT THE USE OF EWG'S PRODUCTS MAY INVOLVE RISKS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, AND DEATH. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND RESPONSIBILITIES FOR LOSSES, COSTS, AND DAMAGES THAT YOU MAY INCUR AS A RESULT OF YOUR USE OF THE PRODUCTS. EWG WILL NOT BE RESPONSIBLE FOR THE RISKS AND DANGERS INHERENT IN DANGEROUS SITUATIONS.