Disclaimer, Indemnity, Limitation of Liability as to Products and Services Agreement
ALL PRODUCTS AND SERVICES SOLD BY WARRIOR MOUTHGUARDS, LLC ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO [USA ULTIMATE SPORTS APPAREL]. ACCORDINGLY, WARRIOR MOUTHGUARDS, LLC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, WARRIOR MOUTHGUARDS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD BY WARRIOR MOUTHGUARDS, LLC, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL WARRIOR MOUTHGUARDS, LLC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED BY WARRIOR MOUTHGUARDS, LLC, EVEN IF WARRIOR MOUTHGUARDS, LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WARRIOR MOUTHGUARDS, LLC’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
The undersigned agrees to the following:
I, the undersigned, agree to assume the risks inherent and incidental to the purchase, ownership, sale, transportation, use, and disposal of customized mouthguards sold by Warrior Mouthguards, LLC. I agree to defend, release, indemnify, hold harmless, covenant not to sue, and forever discharge Warrior Mouthguards, LLC, its owners, members, employees, officers, managers, and their estates, heirs, assigns, executors, personal representatives, administrators, and registered agents, of and from all liabilities, claims, demands, actions, costs, expenses, attorneys’ fees and/or damages of any nature, past or present, whether known, anticipated or unanticipated, arising from or in any way connected to my purchase, ownership, sale, or use of services offered or items sold by Warrior Mouthguards, LLC.
I expressly agree that this agreement is intended to be as broad and inclusive as permitted by law, and if any provision of this agreement is held illegal, invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby, and such invalid part, term or provision shall not be deemed part of this agreement. I further agree that any ambiguities in this agreement shall not be construed in favor or against any party by virtue of that party having drafted the agreement.
This agreement shall be governed by the laws of the state of Utah, and any legal action arising out of participation by myself, my child or ward in any activity or any litigation relating to the enforcement of this agreement shall be commenced exclusively in the District Court of Washington County, Utah.
I further certify that I have completely read the foregoing and I expressly agree to all of the provisions of this agreement and the related rules attached hereto.
I understand that checking the “I agree” box during the checkout process shall constitute an electronic signature, and such action shall be considered equivalent to that of a physical handwritten signature.