Product Liability Disclaimer

PRODUCT LIABILITY WAIVER & ACKNOWLEDGEMENT OF RISK

TERMS OF USE, WARRANTY & LIABILITY WAIVER

Miniac LLC offers its products (and the products of its associates and affiliates) with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of Miniac LLC’s products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 14 days from the date of purchase to return the unused product.

 

Terms of use

This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.

 

Exclusive Obligation

This product has been designed for a variety of uses, but was neither designed nor manufactured as a product for lethal purposes. This product may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of its use.

 

Use limitation

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, software, products or services obtained, from Miniac LLC’s website or its products.

 

High Risk Activity

Products sold by Miniac LLC may be associated with a high level of risk. Risks include but are not limited to serious physical injury, disability and/or death. You participate in the activities associated with these products at your own risk.

 

Assumption of Risk

By buying, using, or allowing the use of Miniac LLC’s products, you understand and agree that the nature of the products represent high risk activities and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Miniac LLC including but not limited to equipment malfunction from whatever cause, or any other fault of Miniac LLC. Additionally, you agree to indemnify, defend, and hold Miniac LLC harmless from any third party claims arising from such High Risk Activities or any other Miniac LLC.

 

Modification

Modification of third-party products, through the use or misuse of Miniac LLC products can lead to malfunction causing serious risk. Risks include but are not limited to serious physical injury, disability and/or death. You are responsible for any modifications you perform using Miniac LLC products. Miniac LLC is not responsible and will not be held liable for any modifications through the use or misuse of its products.

 

Limitation Of Liability

In no event shall Miniac LLC liability exceed the value of the product(s) sold. In no event shall Miniac LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.

 

Warning

Use and misuse of products sold by Miniac LLC involves serious risks including injury, disability and death. Purchasers assume all risks.

 

Inspect Before Each Use

This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product to Miniac LLC for a replacement.

 

Entire Obligation

The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Miniac LLC with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

 

Applicable Law

Your order from Miniac LLC, and this disclaimer statement are governed by the laws of the state of Minnesota, United States. You hereby consent to the exclusive jurisdiction and venue of the state of Minnesota, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

 

Modification of Terms and Conditions

Miniac LLC reserves the right to change the terms, conditions, and notices under which it’s products are offered. 

 

I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assign as follows:

  • I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, injury, property damage, property theft, or actions of any kind which may hereafter occur by Miniac, LLC and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, affiliates, sponsors, and/or volunteers;
  • INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by negligence of release or otherwise.
  • The Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
  • I accept full responsibility for any damage or harmful results that may occur as a result of said product. 
  • I understand that I am relinquishing the right to sue and the right to receive any compensation should damages arise from the use of said product, whether the product is used properly or improperly. 
  • I further acknowledge that all products created, manufactured, or distributed by Miniac are offered on the condition that their users accept full responsibility for any ill effects the product may cause.