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Product Disclaimer

PRODUCT LIABILITY DISCLAIMER

TERMS OF USE, WARRANTY & LIABILITY WAIVER 

 

This website is operated by RedHorizon Technologies. Throughout the site, the terms “we”, “us”, “our” and “Burbanite” refer to RedHorizon Technologies. 

 

Burbanite offers its products 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 Burbanite’s products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 30 days from the date of delivery 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 Burbanite’s website or its products.

 

Limited Replacement Warranty

This product is warranted against any manufactured defect for a period of twelve months from date of purchase.

 

High Risk Activity

Products sold by Burbanite include equipment that could cause bodily harm if used improperly. Use of this equipment is associated with a high level of risk. Risks include but are not limited to serious physical injury, disability and/or death. You participate in this activity at your own risk. 

 

Assumption of Risk

By buying, using, or allowing the use of Burbanite’s products, you understand and agree that extreme sporting activities including snowmobiling are 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 Burbanite including but not limited to equipment malfunction from whatever cause, or any other fault of Burbanite Additionally, you agree to indemnify, defend, and hold Burbanite harmless rom any third party claims arising from such High Risk Activities.

 

Limitation Of Liability

As set forth above under the limited warranty provisions, Burbanite liability is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall Burbanite liability exceed the value of the product(s) sold. In no event shall Burbanite 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 Burbanite 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 Burbanite for a replacement.

 

Entire Obligation

The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Burbanite 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 Burbanite, and this disclaimer statement are governed by the laws of the province of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue of the Supreme Court of Canada, 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

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