Profiler User Guide
Appendix-54
Appendix 12
Disclaimer
DAVIS TECHNOLOGIES PRODUCTS ARE FOR
CLOSED COURSE USE ONLY
The following terms and conditions apply to all products
manufactured and sold (“Products”) by Davis Technologies, LLC
(“Davis”).
1
ASSUMPTION OF RISK
–
The Products are designed and
manufactured for use on closed courses only. The purchaser and/or
user of the Products assumes the risk that proper precautions are at
all times in place for the use of the Products and for the safety of the
user of the Products and other persons (such as, without limitation,
spectators and course workers).
2.
FULL AND FINAL RELEASE AND WAIVER OF LIABILITY AND ALL
CLAIMS
- Vehicle racing is an inherently dangerous sport with
significant risk of personal injury and death. The Purchaser and/or
end user of the Products WAIVE AND FULLY RELEASE any owner,
officer, employee or agent of Davis from any and all liability for any
loss, damage, injury or expense that the Purchaser and/or end user
may suffer as a result of the use of the Product due to any cause
whatsoever, including negligence, gross negligence, breach of
contract, or breach of any statutory or other duty of care.
3.
AGREEMENT TO INDEMNIFY, TO SAVE AND HOLD HARMLESS
–
The Purchaser and/or end user agree to indemnify and to save and
hold harmless any owner, officer, employee or agent of Davis from
any litigation expense, legal fees, liability, damage, award or cost, of
any form or type whatsoever, they may incur due to any claim made
against them or any one of them by Purchaser and/or end user, or
Purchaser and/or end user’s estate, whether the claim is based on
the negligence or the gross negligence of Purchaser and/or end user,
or otherwise as stated above.
4.
PROPER USE OF PRODUCTS
–
Purchaser and/or end user are
solely responsible that the intended and actual use of any Product is
made in compliance with any manuals provided with the Product or
other information provided by Davis in writing and which specifically
references the Product. Purchaser and/or end user may not rely on
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