15
OPERATIONAL WARNING AND SAFETY INSTRUCTIONS
(A) EXCEPT AS OTHERWISE CONTAINED HEREIN, the PRODUCTS and related
documentation are provided to you, “AS IS”. IN NO EVENT SHALL GROM BE
LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING
WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST
SALES OR BUSINESS EXPENDITURES, INVESTMENTS, OR COMMITMENTS
IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR
DAMAGES. THE TERM ‘INCIDENTAL DAMAGES’ REFERS TO THE EXPENSES
OF TRANSPORTING THE PRODUCTS TO THE GROM AUDIO SERVICE CENTER,
LOSS OF THE END-USERS [ORIGINAL PURCHASER’S] TIME, LOSS OF THE USE
OF THE PRODUCT, BUS FARES, CAR RENTALS OR OTHER COSTS RELATED TO
THE CARE AND CUSTODY OF THE PRODUCT. THE TERM ‘CONSEQUENTIAL
DAMAGES’ REFERS TO THE COST OF REPAIRING OR REPLACING OTHER
PROPERTY, WHICH IS DAMAGED WHEN THIS PRODUCT DOES NOT WORK
PROPERLY, RESULTING FROM THE USE OR INABILITY TO USE THE PRODUCTS,
INCLUDING ANY DAMAGES INCURRED DUE TO THE NEGLIGENT OPERATION
OF A MOTOR VEHICLE, IN CONJUNCTION WITH THE USE OF SAID PRODUCTS.
THE END USER ACKNOWLEDGES ITS RESPONSIBILITY FOR THE USE OF
THE PRODUCT. THE ADDITION OF GROM PRODUCTS AND ANY AFTER-
MARKET EQUIPMENT MAY ENHANCE THE VALUE OF A VEHICLE OR CAUSE
A THIRD-PARTY TO ILLEGALLY ATTEMPT TO REMOVE THE PRODUCTS AND
AFTER-MARKET EQUIPMENT. GROM DISCLAIMS ANY LIABILITY RELATED
TO SUCH THEFT AND POTENTIAL DAMAGE TO PROPERTY. IT IS THE END-
USERS RESPONSIBILITY TO PROTECT ITS OWN PROPERTY. THE END-USER
FURTHER ACKNOWLEDGES THAT THE OPERATION OF A MOTOR VEHICLE
IS AN INHERENTLY DANGEROUS ACTIVITY, AND BY ITS USE OF GROM’S
PRODUCTS, ACKNOWLEDGES THAT THE PRODUCTS ARE REMOTELY RELATED
TO SAID MOTOR VEHICLE OPERATION, AND THUS ANY DAMAGES CAUSED
TO THE DRIVER OF THE VEHICLE, THE VEHICLE ITSELF OR ANY THIRD-PARTY
AND ITS PROPERTY IS NOT THE RESPONSIBILITY OF GROM, ITS AGENTS OR
ITS PRINCIPALS AND IS THE SOLE RESPONSIBILITY OF THE DRIVER OF SAID
VEHICLE.
YOU, THE END-USER, OR ANY OTHER DRIVER OF THE VEHICLE, IS SOLELY
RESPONSIBLE FOR THE SAFE OPERATION OF THE VEHICLE AND THE
SAFETY OF BOTH YOU AND THE PASSENGERS. FOR SAFETY PURPOSES, THE
PRODUCT SHOULD NOT BE USED FOR THE DRIVER’S ENTERTAINMENT,
WHILE THE VEHICLE IS BEING DRIVEN. SUCH USE COULD BE A DISTRACTION
TO THE DRIVER, WHICH COULD CAUSE AN ACCIDENT LEADING TO SERIOUS
