Product Liability Disclaimer
PRODUCT LIABILITY DISCLAIMER
Nested Porch Swings 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 Nested Porch Swings 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.
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.
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 Nested Porch Swing's website or its products.
Assumption of Risk
By buying, using, or allowing the use of Nested Porch Swings products, you understand and agree that by using these products, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING THESE PRODUCTS WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Nested Porch Swings including but not limited to equipment malfunction from whatever cause, or any other fault of Nested Porch Swings. Additionally, you agree to indemnify, defend, and hold Nested Porch Swings harmless from any third party claims arising from use of Nested Porch Swings products.
Modification of products, through the use or misuse of Nested Porch Swing products can lead to product malfunction causing serious risk. Risks include but are not limited to product damage, serious physical injury, disability and/or death. You are responsible for any modifications you perform on your or anyone else using Nested Porch Swings products. Nested Porch Swings is not responsible and will not be held liable for any modifications done to products, through the use or misuse of its products, even if the modifications include but are not limited to, bypassing or eliminating product safety features, installing parts that go against the manufacturer safety regulation and standards, and/or improper installation and adjustment of Nested Porch Swings products.
Limitation Of Liability
As set forth above under the limited warranty provisions, Nested Porch Swings liability is limited to replacement of its products which are returned to it in the specified period of time following Nested Porch Swings Return Policy. In no event shall Nested Porch Swings liability exceed the value of the product(s) sold. In no event shall Nested Porch Swings 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 Nested Porch Swings can involve 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.
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Nested Porch Swings 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 Nested Porch Swings, and this disclaimer statement are governed by the laws of the state of Texas. You hereby consent to the exclusive jurisdiction and venue of the Supreme Court of the United States, 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
Nested Porch Swings reserves the right to change the terms, conditions, and notices under which it’s products are offered.