Free online course, "How to Anchor Your Houseboat on Lake Powell", starts in May.
LOGICC MARKETING dba SHOREHOLD LIABILITY WAIVER AND DISCLAIMER
PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A BINDING LEGAL AGREEMENT. BY PURCHASING, ACCEPTING, RESELLING, AND/OR USING THE SHOREHOLD HOUSEBOAT ANCHOR, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WAIVER AND DISCLAIMER. THE ACT OF PURCHASING THIS PRODUCT CONSTITUTES YOUR EXPLICIT ACCEPTANCE OF THESE TERMS.
Binding Upon Subsequent Owners and Users: This Waiver and Disclaimer applies to the original purchaser and automatically transfers to, and binds, any subsequent owners, operators, or users of the SHOREHOLD Anchor. If you lend, transfer, or resell the SHOREHOLD Anchor, you agree to provide a copy of this Waiver and Disclaimer to the recipient. By accepting, using, or purchasing the SHOREHOLD Anchor from a previous owner, any subsequent owner or user implicitly agrees to be fully bound by all terms and conditions herein.
Assumption of Risk: You understand and acknowledge that the use of the SHOREHOLD ANCHOR involves inherent risks, including but not limited to:
Improper installation or use leading to instability and potential tipping or movement.
Failure to properly secure the anchored object, resulting in damage or injury.
Environmental factors such as wind, weather, and ground conditions affecting the anchor's stability.
Damage to the SHOREHOLD Anchor itself, compromising its functionality.
Personal injury or property damage resulting from the use or misuse of the SHOREHOLD Anchor.
You voluntarily assume all risks associated with the use of the SHOREHOLD Anchor, whether foreseen or unforeseen.
Waiver of Liability: To the fullest extent permitted by law, you hereby release, waive, and discharge LOGICC MARKETING dba SHOREHOLD, its officers, directors, employees, agents, and distributors (hereinafter referred to as "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including but not limited to personal injury, death, or property damage, that may be sustained by you or any third party as a result of the use, misuse, installation, or failure of the SHOREHOLD Anchor, regardless of whether such loss, damage, or injury is caused by the negligence of the Released Parties or otherwise.
Disclaimer of Warranties: The SHOREHOLD Anchor is provided "as is" with a limited 3-year warranty on manufacturer heat weld defects only. See warranty at https://shorehold.com/warranty for details. There are no warranties either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. The Released Parties do not warrant that the SHOREHOLD Anchor will meet your specific requirements or that its operation will be uninterrupted or error-free.
Indemnification: You agree to indemnify and hold harmless the Released Parties from any and all claims, demands, actions, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the SHOREHOLD Anchor or your breach of this Waiver and Disclaimer.
Mandatory Dispute Resolution, Binding Arbitration, and Class Action/Jury Trial Waiver: Any dispute, claim, or controversy arising out of or relating to this Waiver and Disclaimer, the purchase, use, resale, or performance of the SHOREHOLD Anchor, or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined exclusively by mandatory, binding arbitration in the State of Utah. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU EXPLICITLY AGREE THAT YOU ARE WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. The arbitration shall be administered in accordance with the commercial arbitration rules applicable in Utah. Arbitration in the State of Utah shall be the sole and exclusive means of dispute resolution.
Governing Law: This Waiver and Disclaimer shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its principles of conflict of laws.
Severability: If any provision of this Waiver and Disclaimer is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement: This Waiver and Disclaimer constitutes the entire agreement between you and Logicc Marketing LLC dba Shorehold regarding the purchase, resale, and use of the SHOREHOLD Anchor and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
Acknowledgment: By purchasing, reselling, or using the SHOREHOLD Anchor, you acknowledge that you have read, understood, and agree to all of the terms and conditions of this Waiver and Disclaimer.
Contact Information: | 385-440-1277 | info@shorehold.com