This Agreemenꢀ conꢀains ꢀhe compleꢀe, final, and exclusive inꢀegraꢀed agreemenꢀ beꢀween ꢀhe
Partes wiꢀh respecꢀ ꢀo iꢀs subjecꢀ maꢁer. This Agreemenꢀ supersedes all oꢀher prior agreemenꢀs,
wriꢁen or oral, relatng ꢀo such subjecꢀ maꢁer.
Aꢀ any tme and from tme ꢀo tme, and wiꢀhouꢀ User's consenꢀ, “YOUR BRAND” may unilaꢀerally
amend, modify, or change ꢀhis Agreemenꢀ, in iꢀs sole discreton. By contnuing ꢀo use any of ꢀhe
“
YOUR BRAND” Services aꢂer notficaton of any amendmenꢀ, modificaton, or change, User has
agreed ꢀo be bound by all such amendmenꢀs, modificatons, and changes. User musꢀ carefully review
his Agreemenꢀ on a regular basis ꢀo mainꢀain awareness of all amendmenꢀs, modificatons, and
changes. Whenever a change is made ꢀo ꢀhis Agreemenꢀ, “YOUR BRAND” will posꢀ a notficaton on
he Websiꢀe. The pricing seꢀ forꢀh on ꢀhe Websiꢀe supersedes all pricing seꢀ forꢀh in ꢀhis Agreemenꢀ.
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3 VOLUNTARY EXECUTION OF THIS AGREEMENT
This Agreemenꢀ is enꢀered inꢀo volunꢀarily, wiꢀh consideraton, and wiꢀhouꢀ any duress or undue
influence on ꢀhe parꢀ or behalf of “YOUR BRAND”. User acknowledges ꢀhaꢀ he/she (a) has read ꢀhis
Agreemenꢀ; (b) undersꢀands ꢀhe ꢀerms and consequences of ꢀhis Agreemenꢀ, including ꢀhe releases iꢀ
conꢀains; and (c) is fully aware of ꢀhe legal and binding effecꢀ of ꢀhis Agreemenꢀ.
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4 RELEASES; DISCLAIMERS; ASSUMPTION OF RISK
In exchange for User being allowed ꢀo use “YOUR BRAND” Services, Baꢁeries and oꢀher equipmenꢀ
or relaꢀed informaton provided by “YOUR BRAND”, User agrees ꢀo fully release, indemnify, and hold
harmless “YOUR BRAND” and all of iꢀs owners, managers, affiliaꢀes, employees, conꢀracꢀors, officers,
direcꢀors, shareholders, agenꢀs, represenꢀatves, successors, assigns from liabiliꢀy for all Claims
arising ouꢀ of or in any way relaꢀed ꢀo User's use of ꢀhe “YOUR BRAND” Services, Baꢁeries, or relaꢀed
equipmenꢀ, including, buꢀ noꢀ limiꢀed ꢀo, ꢀhose Claims based on alleged negligence, breach of
conꢀracꢀ, and/or breach of express or implied warranꢀy, excepꢀ for Claims based on gross negligence
or wilful misconducꢀ.
“Claims” means, collectvely, any and all claims, injuries, demands, liabilites, dispuꢀes, causes of
acton (including sꢀaꢀuꢀory, conꢀracꢀ, negligence, or oꢀher ꢀorꢀ ꢀheories), proceedings, obligatons,
debꢀs, liens, fines, charges, penaltes, conꢀracꢀs, promises, cosꢀs, expenses (including aꢁorney's fees,
wheꢀher incurred aꢀ ꢀrial, on appeal, or oꢀherwise), damages (including buꢀ noꢀ limiꢀed ꢀo, for
personal injury, wrongful deaꢀh, properꢀy damage, and injury ꢀo User or ꢀo ꢀhird partes,
consequental, compensaꢀory, or punitve damages), or losses (wheꢀher known, unknown, asserꢀed,
unasserꢀed, fixed, conditonal, or contngenꢀ) ꢀhaꢀ arise from or relaꢀe ꢀo (a) any of ꢀhe “YOUR
BRAND” Services, including any of ꢀhe Baꢁeries, placemenꢀ, equipmenꢀ, mainꢀenance, relaꢀed
informaton, ꢀhis agreemenꢀ or (b) User's use of any of ꢀhe foregoing.
To ꢀhe fullesꢀ exꢀenꢀ permiꢁed by law, and as ꢀo User's use of any of ꢀhe “YOUR BRAND” Services,
Baꢁeries, or relaꢀed equipmenꢀ, “YOUR BRAND” and all oꢀher Released Persons disclaim all express
and implied warrantes, including warrantes of merchanꢀabiliꢀy and fiꢀness for a partcular purpose.
All of ꢀhe “YOUR BRAND” Services, Baꢁeries, and relaꢀed equipmenꢀ are provided « as is » and « as
available, » and User relies on ꢀhem aꢀ User's own risk.
User is solely and fully responsible for ꢀhe safe operaton of Baꢁeries aꢀ all tmes. User agrees ꢀhaꢀ
Baꢁeries are machines ꢀhaꢀ may malfuncton, even if ꢀhe Baꢁery is properly mainꢀained and ꢀhaꢀ
such malfuncton may cause injury. User assumes full and compleꢀe responsibiliꢀy for all relaꢀed
risks, dangers, and hazards.
USER ACCEPTANCE OF AGREEMENT