When you purchase Clover Customs LLC Kickstand with extender you must agree to these terms. Clicking through this Waiver, proceeding to checkout, using, or allowing the use of the kickstand with extender indicates your agreement to the following terms and conditions:
Clover Customs, LLC offers its products on the following legal terms, conditions and notices. The following terms, conditions and notices apply to all sales and uses of Clover Customs, LLC products. Please review them carefully as these terms, conditions and notices include limitation of warranties and disclaimer of liabilities.
RISK OF ACTIVITIES
I understand I may encounter or be exposed to any number of risks, hazards, and dangers including, but not limited to, kickstand with extender making contact with the ground while in motion, catching on environmental objects (such as asphalt, branches, etc) or personal effects such as clothing or footwear, kickstand with extender heating up caused by the sun or high engine temperatures that can cause burns, tripping on or over kickstand with extender, loss of control of or crashing motorcycle.
I understand that there is an inherent risk and danger associated with the activities associated with the Products and use of the Products which may lead to damage to property, serious physical injury, disability and/or death, even where such Products are used as intended and instructed by Clover Customs, LLC. I agree and understand that I am purchasing and will be operating and using Products I have purchased at my own risk, absolutely.
ASSUMPTION OF RISK
By purchasing, using or allowing the use of the Products, I expressly and voluntarily ASSUME ALL OF THE ABOVE-MENTIONED RISKS, HAZARDS, DANGERS, AND ANY HARM, INJURY OR LOSS THAT MAY OCCUR TO ME OR MY PROPERTY as a result of my use of the Products WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF CLOVER CUSTOMS, LLC, its employees or any other individual including, but not limited to, equipment malfunction from whatever cause.
RELEASE OF LIABILITY
I hereby RELEASE Clover Customs, LLC, its affiliates, and their employees, officers, directors, shareholders and owners (the “Released Parties”) from all liabilities, causes of action, claims and demands that arise in any way from my purchase and use of the Clover Customs, LLC Kickstand with extender. This RELEASE includes, without limitation, any claims based on negligence, defects in the design, manufacture, adjustment, maintenance or inspection of the Clover Customs, LLC kickstand with extender and related equipment, failure to provide proper instruction, technical direction or safety equipment.
INDEMNIFICATION
I agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined under “Release of Liability”) against all claims made third parties for which liabilities have been released in accordance with this Waiver. Without limiting the foregoing, I agree that if the Clover Customs, LLC Kickstand with extender or Products are used by a third party whether with or without my consent, I will indemnify and shall at any and all times hold the Released Parties harmless from and against any and all liabilities, losses, costs, damages, expenses and statutory obligations of whatever nature or kind that Released Parties may sustain or incur or be liable for (including death) arising out of the use by such third party of the Clover Customs, LLC Kickstand with extender and the Products.
I also agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against all claims arising from my own negligence and my use of the Products. I will reimburse the Released Parties for any damages, reasonable settlements, defense costs (including legal fees) that the Released Parties may incur because of any such claims made against them either by me, my representatives or any third party.
I acknowledge and agree that in the event of my death or disability, the terms of this Waiver including my indemnification obligation will be binding on my estate, and my personal representatives, executors, administrators or guardians will be obligated to respect and abide by them.
MY REPRESENTATIONS REGARDING USE OF THE PRODUCTS
I acknowledge and agree to the following representations:
- I am solely responsible for my health and safety when using the Clover Customs, LLC Kickstand with extender or installing, operating or using any Product.
- I have the experience, skills, knowledge and ability necessary to ride a motorcycle and install, operate and use the Products.
- I am in good physical health and have no physical impediment that prevents me from engaging in the activities involving the Clover Customs, LLC Kickstand with extender.
- I will inspect each Product before each use to ensure that such Product properly functioning and not damaged.
- I will not use any damaged Products. If I believe any Product is not functioning properly or otherwise damaged, I will stop using it immediately and arrange to have it inspected, repaired and/or adjusted as necessary.
- I acknowledge and agree that modification of any Product through use or misuse can lead to malfunction causing serious risk. I am solely responsible for any modifications I perform on any Product, whether owned by me or by others. I understand that Clover Customs, LLC is not obligated to accept any modified Product from me for return, repair or replacement.
- I will abide by all applicable laws, bylaws, rules, ordinances and regulations when riding a motorcycle equip with Clover Customs, LLC Kickstand with extender.
- I will wear proper protective gear when using a motorcycle that is equip with Clover Customs, LLC Kickstand with extender.
- I will not lend out or allow any other person to use my Clover Customs, LLC Kickstand with extender unless they have read and agree in writing to the terms of this waiver. If I do lend out my Clover Customs, LLC Kickstand with extender I acknowledge that I am bound by my indemnity obligations under this Waiver.
- I am over 18 years of age or the parent or legal guardian of a minor who has my permission to use Clover Customs, LLC Kickstand with extender; provided, I agree not to allow the minor to use the Clover Customs, LLC Kickstand with extender unless I believe that such minor is adequately supervised.
SEVERABILITY
If any portion of this Waiver is found to be invalid or unenforceable, then the invalid or unenforceable will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Waiver will remain in full force and effect.
APPLICABLE LAW
This Waiver is governed by the laws of the United States of America. I agree and consent to the exclusive jurisdiction and venue of United States courts, in all disputes arising out of or relating to the installation, operation and use of the Products.
MODIFICATION OF TERMS AND CONDITIONS
I agree and acknowledge that Clover Customs, LLC reserves the right to change the terms, conditions, and notices under which it offers the Products.
I HEREBY CERTIFY, I have fully informed myself of the contents of this Waiver by reading it before indicating my agreement by checking off the boxes throughout this Waiver. I HEREBY CERTIFY, by clicking below, that I am of legal age, I have read this agreement and fully understand the contents herein. By checking off the boxes throughout this Waiver and clicking below, I agree to all the terms and conditions of this Waiver.