TERMS AND CONDITIONS
In exchange for participation in the activity and use of any product purchased from Xmatter, I agree for myself and (if applicable) for any members of my family, to the following:
- I agree to observe all posted or published rules and warnings, and further agree to follow any oral or written instructions or directions given by Xmatter relative to the use, application of any product offered and or sold by Xmatter.
- I agree to be held responsible for the knowledge of and adherence to any and all applicable federal, state or local laws that may or may not govern the use, application, or possession of any product purchased for consumer use from Xmatter.
- I recognize that there are certain inherent risks associated with the application and use of the products sold or designed by Xmatter, and I (the end-user) assume full responsibility for personal injury to myself or anyone else, and further release and discharge Xmatter for injury, loss or damage arising out of my or my family’s use of any product sold by Xmatter.
- I agree to follow the instructions explicitly for use and or assembly of the Flamethrower according to the exact specifications and protocol. I understand that products sold by Xmatter are for commercial use only and to be used by professionals. And further, I understand and agree that Xmatter assumes no liability whatsoever, for any deviation, whether intentional or unintentional or by any error in the modification or assemblage of the final product, and its outcome is the sole liability of myself, the purchaser/end-user.
- I agree to indemnify and defend Xmatter against all claims, causes of actions, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of any product purchased by me through Xmatter.
- I agree to be solely liable and to hold harmless and to indemnify Xmatter for any negligent, reckless, or willful actions, including but not limited to any criminal act and/or violation of any local, state, or federal laws for which I am solely responsible for the knowledge and compliance of said laws.
- I agree to indemnify and hold harmless any failure on my (the consumer/purchasers) part for any violation of any state, local or federal laws, whether such violation results in any damages, either bodily injury up to and including death, or physical, personal or real property damages of any kind or not.
- Any legal or equitable claim that may arise from the participation in, usage of, or activity engaged relative to the use of any product purchased by me through Xmatter shall be resolved under Ohio law.
CONSENT TO ELECTRONIC COMMUNICATIONS
Manner of Consent
You acknowledge that by agreeing to the Consent to Electronic Communications through this website, you demonstrate that you can access information that we would provide to you by posting Electronic Communications on our website and that you are able to print or otherwise make copies of all communications on this website, By clicking the button(s) indicating your agreement, you agree to the terms of the communication and also acknowledge that you have actually seen and read this document and all related documents relative to this Release of Liability and General Disclaimer.
You may withdraw your consent to the Consent to Electronics Communication (electronic signature) by not clicking on the button(s) indicating your agreement, however, you may not purchase any products offered by Xmatter. I further acknowledge and agree that by placing my order, filling out the shipping information, and consummating any transaction with Xmatter or Throwflame.com by submitting payment, I have accepted the Consent to Electronic Communications and have thereby submitted my signature and that it is a legally binding document.
THIS IS A LIMITED LIABILITY DISCLAIMER PROTECTING THE SELLING PARTY FROM NEGLIGENCE AND/OR POTENTIAL CRIMINAL ACTS ON THE PART OF THE END-USER. YOU MAY STILL HAVE CERTAIN RIGHTS AND PROTECTIONS UNDER THE CONSTITTUTION OF THE UNITED STATES OF AMERICA. CHECK YOUR LOCAL STATE AND FEDERAL LAWS FOR ALL APPLICABLE RIGHTS AND PROTECTIONS.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT THE PURCHASE OF AND/OR SALE OF ANY PRODUCT FROM OR BY XMATTER IS CONTINGENT UPON THE ACCEPTANCE AND SIGNING OF THIS DISCLAIMER AND RELEASE OF LIABILITY.
I UNDERSTAND THAT BY PLACING MY ORDER AND SUBMITTING PAYMENT I HAVE INFACT READ AND AGREED TO THIS RELEASE OF LIABILITY AND GENERAL DISCLAIMER AND THAT: MY ORDER AND PAYMENT CONSTITUTE MY SIGNATURE AND ACCEPTANCE OF THIS LEGAL DOCUMENT.