FOR OFF-ROAD USE ONLY
Purchaser expressly understands and acknowledges that any Product purchased from TOTL Innovations is designed for off-road use only and is not designed as a crash safety device to protect vehicle occupants. No vehicle safety devices should be removed or altered to install any TOTL Innovations’ Product nor should any emissions control devices be removed or modified except in accordance with applicable law.
AS IS SALE
TOTL Innovations’ Limited Warranty is the only express warranty made to Purchaser and is provided in lieu of any other express warranties or similar obligations (if any) created by any emails, web content, advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, TOTL Innovations and its suppliers provide the Products AS IS AND WITH ALL FAULTS, and hereby exclude and disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability, and of lack of negligence, all with regard to the Products, the provision of or failure to provide support or other services to Purchaser, or arising out of Purchaser’s use of the Products. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages and so the above limitation or exclusion may not apply. TOTL Innovations is not responsible and shall not be liable for incompatibility of the Products with Purchaser’s vehicle or with any other equipment of Purchaser and shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from damage to Purchaser’s vehicle, equipment, or property.
PURCHASER’S EXCLUSIVE REMEDY
Notwithstanding any damages incurred for any reason whatsoever, TOTL Innovations entire liability and Purchaser’s exclusive remedy for any breach of this Limited Warranty or for any other liability relating to the Product shall be, at TOTL Innovations’ option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for a Product, or (b) repair or replacement of a Product that does not meet this Limited Warranty and that is returned to TOTL Innovations in accordance with TOTL Innovations’ return policies. Purchaser will receive the remedy elected by TOTL Innovations without charge, except that Purchaser is responsible for any expenses Purchaser may incur (e.g. cost of shipping the Product). Any Limited Warranty is void if failure of the Product has resulted from Purchaser’s negligence, improper installation, accident, abuse, misapplication, abnormal use or other improper, unauthorized, or negligent uses. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. TOTL Innovations will use commercially reasonable efforts to provide a remedy within a commercially reasonable time of Purchaser’s compliance with TOTL Innovations’ warranty remedy procedures. To exercise your remedy, contact TOTL Innovations.
ASSUMPTION OF RISK, RELEASE AND INDEMNITY
Purchaser understands that participating in any off-road activity requires specialized knowledge and skills and exposes Purchaser to risks and hazards inherent to off-road vehicle operation which may be encountered at any time. By voluntarily engaging in such activities, Purchaser assumes all risks inherent therein whether known or unknown. With full knowledge of the above, Purchaser expressly warrants that Purchase is fully aware of the risks and hazards connected with use of any Product and Purchaser elects to voluntarily use Products knowing that the use may be hazardous to Purchaser and its property. Purchaser voluntarily assumes full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by Purchaser or anyone else, or any loss or damage to property owned by Purchaser or anyone else, as a result of using a TOTL Innovations product, whether or not caused by the negligence of the Released Parties.
By purchasing, installing, or operating a vehicle with a TOTL Innovations Product, Purchaser releases, waives, discharges and covenants not to sue TOTL Innovations, its members, managers, owners, suppliers, affiliates, attorneys, successors, assigns, servants, agents, or employees (hereinafter referred to as Released Parties) from any and all liability, damages, costs, claims, demands, losses, expenses, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Purchaser or anyone else, or any damage to property belonging to Purchaser or a third party, whether caused by the negligence of the Released Parties or otherwise, arising from or growing out of, or by reason of, or based in whole or in part upon, any act, omission, event, transaction, or matter involving a TOTL Innovations’ Product even if TOTL Innovations has been advised of the possibility of such damages.
It is Purchaser’s express intent that this Release and Hold Harmless Agreement shall bind Purchaser and Purchaser’s family, spouse, heirs, assigns and personal representative, and shall be deemed as a release, waiver, discharge, and covenant not to sue the Released Parties. Purchaser further agrees that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Colorado and that venue for all disputes shall be in El Paso County, Colorado. Purchaser expressly indemnifies and holds harmless the Released Parties from any loss, liability, damage or costs, including court cost and attorney fees, that the Released Parties may incur due to Purchaser’s use of a Product, whether or not caused by the negligence of the Released Parties and whether or not the injuries or damages are sustained by Purchaser, an occupant of Purchaser’s vehicle, or any other third party whatsoever.
By purchasing a Product, Purchaser acknowledges and represents that Purchaser has read the above Waiver and Liability and Hold Harmless Agreement, understands it and accepts it voluntarily as Purchaser’s sole free act and deed, that no oral representations, statements, or inducements, apart from the foregoing written agreement have been made to Purchaser; that Purchaser is at least eighteen (18) years of age and fully competent; and that Purchaser executes and delivers this Release for full, adequate and complete legal consideration fully intending to be bound by the terms hereof.
If Purchaser does not agree with the preceding terms, Purchaser may return the Product and receive a full refund. Purchaser must pay for return shipping charges if any and for insuring the Product while in transit. Please, contact TOTL Innovations for return procedures and authorization. Returns will not be accepted without TOTL Innovations prior return authorization. Once the Product has been received and inspected for damages by TOTL Innovations, a refund will be issued.