Terms of Use, Liability Waiver
Ez-Rak 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 disclaimers of liabilities. Keeping, using or allowing use of Ez-Rak products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 15 days from the date of purchase 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 Ez-Rak website or its products.
Life Time Replacement Warranty
Ez-Rak frames and inserts are warranted against any manufactured defect for Life.
High Risk Activity
Products sold by Ez-Rak. is equipment used in extreme sporting activity such as snowmobiling, skiing, snowboarding, powsurfing, etc. 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 Ez-Rak products, you understand and agree that extreme sporting activities including backcountry snowmobiling, skiing, snowboarding, powsurfing 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 Ez-Rak including but not limited to equipment malfunction from whatever cause, or any other fault of Ez-Rak. Additionally, you agree to indemnify, defend, and hold Ez-Rak harmless rom any third party claims arising from such High Risk Activities or any other Ez-Rak.
Vehicle Modification
Modification of vehicles, such as snowmobiles, through the use or misuse of Ez-Rak products may lead to vehicle malfunction causing serious risk. Risks include but are not limited to vehicle damage, serious physical injury, disability and/or death. You are responsible for any modifications you perform on your or anyone else’s vehicle using Ez-Rak. products. Ez-Rak is not responsible and will not be held liable for any modifications done to vehicles, such as snowmobiles, through the use or misuse of its product, even if the modifications include but are not limited to, bypassing or eliminating vehicle safety features, installing parts that go against the vehicle manufacturer safety regulation and standards, and/or improper installation and adjustment of Ez-Rak products.
Limitation Of Liability
As set forth above under the limited warranty provisions, Ez-Rak. 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 Ez-Rak liability exceed the value of the product(s) sold. In no event shall Ez-Rak 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 Ez-Rak involves serious risks including injury, disability and death. Purchasers assume all risks.
Inspect Before Each Use
This product must be inspected before use to ensure it has not been damaged. If damaged, do not use and immediately contact Ez-Rak for a replacement.
Entire Obligation
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Ez-Rak 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 Ez-Rak, and this disclaimer statement are governed by the laws of the United States of America hereby consent to the exclusive jurisdiction and venue of the United States Supreme Court, 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
Ez-Rak reserves the right to change the terms, conditions, and notices under which it’s products are offered.
