OwMyEyes Legal Disclaimer
OW MY EYES – TERMS, CONDITIONS AND WARNINGS
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Agreement to Terms, Conditions and Warnings
- PLEASE READ THESE TERMS, CONDITIONS AND WARNINGS CAREFULLY AS THEY PROVIDE IMPORTANT SAFETY INFORMATION AND AFFECT YOUR LEGAL RIGHTS.
- BY PURCHASING AND/OR USING THE PRODUCT, THE BUYER AND/OR USER OF THIS PRODUCT (THE “BUYER”) REPRESENTS THAT IT HAS READ, UNDERSTOOD AND AGREED TO THE BELOW TERMS CONDITIONS AND WARNINGS
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Product Warnings
- Legality of Use – Seller makes no representation regarding whether the use of the product is legal and/or authorized by applicable local, state and/or federal laws, ordinances and/or regulations. Buyer represents that Buyer has investigated the applicable laws, ordinances and/or regulations. Buyer further acknowledges that use of the product in jurisdictions where such use is not legal and/or authorized could result in issuance of a citation or fine and/or Buyer’s detention or arrest. Buyer agrees that Buyer is assuming the risk that use of the product may not be legal and/or authorized in the jurisdiction applicable to Buyer.
- Automobile Accidents – Seller makes no representation as to the nuisance and/or safety issues that may be caused by use of the product. Buyer acknowledges and assumes the risk that use of the product could distract other drivers and/or could cause an automobile accident involving such other drivers and/or Buyer.
- Road Rage – Seller makes no representation as to the effect that the product may have on other drivers, including the mental state and/or reactions of such other drivers. Buyer acknowledges and assumes the risk that other drivers who encounter and/or are affected by the product may become agitated and/or may attempt to retaliate against Buyer and may engaged in activities that are detrimental to Buyer, including but not limited to actions that are intended to cause bodily injury to Buyer.
- Legal Liability – Seller makes no representation regarding the legal liability that Buyer may incur as a result of the use of the product. Buyer acknowledges and assumes the risk that Buyer and/or Buyer’s friends and/or family members may be exposed to third party claims for damages and/or liability relating to the use of the product. Such claims for damages and/or liability include but are not limited to claims arising out of accidents proximately caused by the use of the product and civil or criminal fines arising out of the product’s use.
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Buyer’s Indemnification and Release of Seller
- Indemnification - Buyer agrees to defend, indemnify and hold the Seller and its officers directors, employees and agents harmless from and against any and all losses, damages, actions, claims, suits, proceedings, and expenses (including reasonable attorneys' fees) and costs (collectively "Claims") brought or alleged by a third party arising out of or relating in any way to (i) negligence or willful misconduct of Buyer, including improper installation or misuse of the product; (ii) any damages arising out of Buyer’s use of the product, including but not limited to damages to personal property, real property, and/or bodily injury, and/or (iii) any damages relating to or arising out of any of the risks which Buyer acknowledged and/or assumed herein; provided that Buyer is promptly notified in writing of the Claim and is given complete control of the defense and settlement of the Claim. Seller shall, at Buyer’s sole cost, cooperate with Buyer, its insurance carrier, and its legal counsel in its defense of such Claims. Buyer may not settle any Claims hereunder without the Seller's prior written approval, which is not to be unreasonably withheld, conditioned or delayed.
- Release – Buyer herby releases the Seller and its officers, directors, employees and agents harmless from and against any and all Claims against Seller that the Buyer may have, claim to have or may later obtain that relate to and/or arise out of (i) any of the risks outlined and/or disclosed herein; and/or (ii) any of the risks that Buyer acknowledged and/or assumed herein.
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Warranty, Sole Remedy and Disclaimer of All Other Warranties.
- Repair and Replace Warranty - Seller warrants to the original purchaser that the product manufactured by Seller shall be free from defects in material and workmanship under normal use and service. Seller's obligation under this warranty shall be limited to the repair or exchange of any product, part or parts which may prove defective under normal use and service within 1 year from date of purchase by the original purchaser, and which Seller's examination shall disclose to its satisfaction to be defective.
- DISCLAIMER OF ALL OTHER WARRANTIES - THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON SELLER'S PART. SELLER NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR SELLER, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF THIS PRODUCT. THIS WARRANTY SHALL NOT APPLY TO THIS PRODUCT OR ANY PART THEREOF WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER INSTALLATION, ABUSE, OR MISUSE. SELLER MAKES NO WARRANTY WHATSOEVER IN RESPECT TO ACCESSORIES OR PARTS NOT SUPPLIED BY SELLER. THIS WARRANTY SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE CONTINENTAL UNITED STATES.
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Limitations of Seller’s Liability
- EXCLUSION OF DAMAGES. SELLER’S LABILITY SHALL BE LIMITED TO REPAIR AND/OR REPLACEMENT OF THE DEFECTIVE PRODUCT PURSUANT AS OUTLINED HEREIN. THE PARTIES AGREE THAT, REGARDLESS OF THE FAILURE OF THAT SOLE AND EXCLUSIVE REMEDY, SELLER WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. THE PARTIES INTEND THE EXCLUSION OF SUCH DAMAGES TO BE AN INDEPENDENT AGREEMENT APART FROM THE SOLE AND EXCLUSIVE REMEDY HEREIN.
- CAP ON MONETARY LIABILITY. SELLER’S AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE PRODUCT AND/OR THIS AGREEMENT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE SUM OF MONEY PAID BY THE ORIGINAL PURCHASER TO SELLER FOR PURCHASE OF THE PRODUCT.
- Severability – Each provision of this Agreement is intended to be severable. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in the applicable jurisdiction, then (a) such provision shall be given full force and effect to the fullest extent that is legal, valid and enforceable; (b) such invalidity, illegality or unenforceability will not affect any other term or provision of this agreement or invalidate or render unenforceable such term or provision in any other jurisdiction and (c) the court making such determination shall have the power to, and shall, modify such provision to the minimum extent necessary to make such provision, as so modified, enforceable, and such provision shall then be applicable in such modified form.
- Governing Law and Forum Selection – Buyer agrees that this Contract shall be governed by the laws of the state of South Carolina without regard to its conflict of laws provisions. Buyer further agrees that all lawsuits arising out of and/or relating to these terms, conditions and warnings shall be brought in the state and/or federal courts located in Greenville County, South Carolina. Buyer hereby waives all objections Buyer may have to the personal jurisdiction and/or venue of such courts.