THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS.
Mount Out Gear, LLC (the “Company”) is the manufacturer of the Mount Out Gear exercise equipment (the “Equipment”).
Products sold by the Company, including the Equipment, include equipment and gear for fitness and weight training. Participation in any of these activities is a high-risk physical fitness activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read, understand and follow the warnings and instructions on the products and in product literature, or inserts, before use of the product. Save these documents for reference.
ASSUMPTION OF THE RISK
By buying, using, providing or allowing the use of the Equipment, you understand and agree that use of the Equipment, as with all types of exercise equipment, presents risk of physical injury and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED IN THE COUSE OF USING THE EQUIPMENT WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of the Company, including, but not limited to, any equipment malfunction regardless of causation, or any other fault of the Company. Additionally, you agree to indemnify, defend and hold the Company harmless from any third-party claims arising from such high-risk activities involving the use of the Equipment.
The Company cannot and does not warrant against human or mechanical failures, omissions or delays which occur during use of the Equipment.
THE EQUIPMENT IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RGHTS OF THIRD PARTIES UNDER THESE TERMS AND CONDITIONS.
THE COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE EQUIPMENT, OR USE OF ANY INFORMATION OBTAINED IN PURCHASING OR USING THE EQUIPMENT.
If you have any injuries, disease, disability or other concerns about using the Equipment, please consult your healthcare provider or physician prior to your use of the Equipment. If you experience any pain or difficulty with any exercises during use of the Equipment, stop immediately.
Use and misuse of all products sold through the Company’s websites, catalogs, or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. The Company cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through the Company’s websites, catalogs, or otherwise.
KNOBS AND LOCKING PINS 90-DAY LIMITED WARRANTY
While the Company makes no representations or warranties which pertain to the Equipment, the knobs and locking pins, which are included with the Equipment, are warranted to the original purchaser to be free from defects in workmanship and materials for a period of ninety (90) days from the date of the original retail purchase.
This warranty does not cover any defects or damage due to improper installation, alteration, accident or any other event beyond the control of the Company. Any defects or damage which result from misuse, abuse or negligence will void this warranty. This warranty does not cover any damage that may result from normal usage.
This warranty is nontransferable and is expressly limited to the repair or replacement of the defective product. During the warranty period, the Company shall repair or replace defective knobs or locking pins at no cost to the purchaser. Shipping charges and insurance are not covered and are the responsibility of the purchaser. Labor charges and related expenses for removal, installation or replacement of the Equipment or the knobs and locking pins are not covered under this warranty.
This warranty is expressly in lieu of all other warranties, express and implied, including warranties merchantability and fitness for a particular purpose to the extent permitted by Federal and New York State law. Neither the Company nor any of its agents or representatives assumes any other liability in connection with the Equipment and the included knobs and locking pins.