Release of liability
By clicking the link below, I acknowledge that I am entering into this Assumption of Risk and. General Release and Disclaimer and Limitation of Liability.
References to GoBoat, LLC (the “Company”) shall include its owners, officers, employees, affiliates and any agent thereof.
I recognize that there are inherent risks and hazards directly or inherently involved with the use of the Company’s product and that such product has the potential to cause loss or limb or life.
With full knowledge of the facts and circumstances surrounding the use of the Company’s product, I voluntarily undertake and assume all responsibility and risk from my participation and use of the Company’s product, including all risk of loss of limb or life, property damage, injury to others, and other hazards to myself may arise do due the use of the Company’s product.
I warrant and represent to the Company that I will indemnify and hold the Company harmless for any harm that may arise from the use of the Company’s products, including but not limited loss of life of limb.
I also warrant and represent to the Company that I have the proper licensing, training and all other prerequisites required by the Company, the State and the Federal government to participate in the use of the Company’s product.
To the extent permitted by law, I release the Company from any liability whatsoever arising out of my use of the Company’s products, including but not limited to, any damage to my property or the property of others and injury to me or to others, including loss of limb or life or to others through my participation and use of the Company’s products.
This Agreement shall be governed and interpreted in accordance with the laws of the State of Oklahoma.
Disclaimers and Limitation of Liability
EXCEPT FOR THE LIMITED WARRANTIES AT /warranty , I UNDERSTAND AND AGREE THAT ANY GOODS, ATTAINED THROUGH THE WEBSITE ARE PROVIDED, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO ME OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.