THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND RESOLUTION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS.
DEFINITION
“Clustas” as used herein means Clustas, LLC and any and all of its affiliates and/or subsidiaries and/or business agents and employees.
RISK ACTIVITY
Products sold by Clustas include equipment or products used in fitness, exercise, weight training, and demonstration as well as material used for educational or instructional purposes. Participation in any of these activities is a risk sports activity. You participate in any of these activities at your own risk. You agree to consult with a qualified physician or other health care provider before participating in any of these risk activities. Read, understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product.
ASSUMPTION OF THE RISK
By buying, using, providing, or allowing the use of Clustas’s products, you understand and agree that fitness, weight training and demonstration are 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 Clustas including but not limited to equipment malfunction from whatever cause, or any other fault of Clustas. Additionally, you agree to indemnify, defend and hold Clustas harmless from any third party claims arising from such Risk Activities or any other Clustas product.
WARRANTY DISCLAIMER
Clustas warrants its products to be free from defects in materials and workmanship for a period of 30 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. Clustas’s sole responsibility is limited to repairing or replacing products that are returned within this 30 day period, unless specific product literature specifies otherwise.
LIMITATION OF LIABILITY
Clustas’s liability is limited to repair or replacement of its products which are returned to it prepaid in the specific period of time. In no event shall Clustas’s liability exceed the value of the products sold. Clustas 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.
WARNING
Use and misuse of products sold through Clustas’s websites, catalogs, or otherwise, involves risks including injury and disability. Purchasers, users and participants assume all risk of injury. Clustas cannot and will not be responsible of the misuse or unauthorized and improper use of products sold through Clustas’s websites, catalogs, or otherwise.
INSPECT BEFORE EACH USE
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 Clustas for a replacement.
GENERAL DISCLAIMER
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Clustas 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.
APPLICABLE LAW AND RESOLUTION OF DISPUTES
Your order from Clustas shall be interpreted and construed in accordance with laws of the State of Vermont, ,USA 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 Bennington County, 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 Clustas 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. Clustas’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.
