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"Witters Manufacturing" as used herein means Witters Manufacturing LLC and any and all of its affiliates and/or subsidiaries and/or business agents, servants and employees.
Products sold by Witters Manufacturing include equipment and gear used in elastic band training. Participation in any of these activities is a high-risk sports 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 specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.
By buying, using, providing, or allowing the use of Witters Manufacturing products, you understand and agree that elastic band training is a high risk activity 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 Witters Manufacturing including but not limited to equipment malfunction from whatever cause, or any other fault of Witters Manufacturing. Additionally, you agree to indemnify, defend and hold Witters Manufacturing harmless from any third party claims arising from such High Risk Activities or any other Witters Manufacturing product.
Before you allow others to use a Witters Manufacturing product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury, and (c) you agree to indemnify, defend, and hold Witters Manufacturing harmless from any claims made by them arising from their use of Witters Manufacturing products.
Witters Manufacturing warrants its products to be free from defects in materials and workmanship for a period of 14 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Witters Manufacturing's sole liability is limited to repairing or replacing products that are returned within this 14-day period, unless specific product literature specifies otherwise.
As set forth above under the limited warranty provisions, Witters Manufacturing’s liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall Witters Manufacturing's liability exceed the value of the products sold. Witters Manufacturing shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, or otherwise. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Use and misuse of products sold through Witters Manufacturing's websites, catalogs, or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Witters Manufacturing cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through Witters Manufacturing's websites, catalogs, or otherwise.
This product must be inspected for use to ensure it has not damaged in shipment. If damaged, do not use and immediately return the product to Witters Manufacturing for a replacement.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Witters Manufacturing reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Your order from Witters Manufacturing shall be interpreted and construed in accordance with laws of the State of Ohio without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Ohio and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of Witters Manufacturing products or any other claim related to the use of products sold through its websites, catalogs, or otherwise must be commenced within one (1) year after the claim or cause of action arises. Witters Manufacturing's failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.
Notwithstanding anything else set forth in this website, any and all claims, actions, disputes and lawsuits relating in any way, directly or indirectly, to this website, including but not limited to accessibility, services and products related to this website, shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Ohio. Any claim, action, lawsuit or proceeding arising out of or related to this website and the services and products provided, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio in each case located in the city of Dayton and County of Montgomery, Ohio, and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue or forum non conveniens.