Disclaimer of Liability
Frictitious Climbing LLC strives to create quality and robust products for our customer's to enjoy. However, rock climbing is inherently dangerous and must be done in a safe manner, this responsibility is placed upon the user. When climbing outside, it's possible for rock to break, this is why climbers use climbing pads and spotters. This is true for real rock holds, which may break without warning. This is why it is necessary for gyms and our product users to ensure their climbing space is adequately safe for unexpected falls which are inherent in climbing. It is up to the user to establish a safe climbing area to reduce risk of injury.
Frictitious Climbing LLC 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 Frictitious Climbing 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.
This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.
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 Frictitious Climbing LLC’s website or its products.
Limited Replacement Warranty
This product is warranted against any manufactured defect for a period of 1 months from date of purchase. Misuse, mishandling, or improper installation of Frictitious Climbing LLC’s products is not warrantable. Please contact us to inquire about returns.
High Risk Activity
Products sold by Frictitious Climbing LLC include equipment used in extreme sporting activity such as rock climbing. Participation in this activity 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 Frictitious Climbing LLC’s products, you understand and agree that extreme sporting activities including rock climbing 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 Frictitious Climbing LLC including but not limited to equipment malfunction from whatever cause, or any other fault of Frictitious Climbing LLC Additionally, you agree to indemnify, defend, and hold Frictitious Climbing LLC harmless from any third party claims arising from such High Risk Activities or any other Frictitious Climbing LLC product.
Limitation Of Liability
As set forth above under the limited warranty provisions, Frictitious Climbing LLC 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 Frictitious Climbing LLC liability exceed the value of the product(s) sold. In no event shall Frictitious Climbing 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.
Use and misuse of products sold by Frictitious Climbing 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 due to use or in shipment. If damaged or suspect in any way, do not use and immediately return the product to Frictitious Climbing LLC for a replacement if within warranty period, or dispose of properly.
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Frictitious Climbing 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.
Your order from Frictitious Climbing LLC, and this disclaimer statement are governed by the laws of the province of the United States of America. You hereby consent to the exclusive jurisdiction and venue of the Supreme Court of the United States of America, 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
Frictitious Climbing LLC reserves the right to change the terms, conditions, and notices under which it’s products are offered.