Physical Product Liability Disclaimer

Overview

Pro Baseball Insider LLC, herein referred to as “PBI” offers the sale of products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of products purchase through PBI or it’s affiliates indicates your agreement to these terms. If you do not wish to agree to these terms, you have 30 days from the date of purchase to return the unused product.

Terms of use

This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein.

Exclusive Obligation

Our products are designed for professional use only, and are not designed nor manufactured as a product for lethal purposes. Our products may not be used for unlawful purposes and such use is expressly prohibited under the terms and conditions of its use.

Use limitation

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, software, products or services obtained, from PBI’s website or its products.

Limited Replacement Warranty

If a replacement is desired, you must contact the original manufacturer

High Level of Risk

Use of products purchased through PBI can be associated with a level of risk, especially if used incorrectly. Risks include but are not limited to physical injury. Users of these products choose to do so at their own risk.

Assumption of Risk

By buying, using, or allowing the use of products purchased through PBI, you understand and agree that, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING OUR PRODUCTS, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF PBI, including but not limited to equipment malfunction from whatever cause, or any other fault of PBI. Additionally, you agree to indemnify, defend, and hold PBI harmless from any third party claims arising from such High Risk Uses, or any use or misuse of our products.

Limitation Of Liability

As set forth above under the limited warranty provisions, PBI’s liability assumes no responsibility for the repair or replacement of products.  The purchaser shall be responsible to contact the manufacturer directly.  In no event shall PBI’s liability exceed the value of the product(s) sold. In no event shall PBI be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.

Warning

Use and misuse of products sold by PBI involves serious risks including injury, disability and death. Purchasers assume all risks.

Inspect Before Each Use

This product must be inspected for use to ensure it has not been damaged in shipment. If damaged, do not use and immediately return the product directly to the manufacturer for a replacement.

Entire Obligation

The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of PBI with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.

Applicable Law

Your order from PBI , and this disclaimer statement are governed by the laws of the state of Texas, United States. You hereby consent to the exclusive jurisdiction and venue of the Municipal Court of Littleton, CO in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation to this paragraph.

Modification of Terms and Conditions

PBI reserves the right to change the terms, conditions, and notices under which it’s products are offered at any time.

About Author

Avatar für Sarah Bernier

If you have any problems, please contact Sarah(at)probaseballinsider.com. Doug Bernier (Minnesota Twins) & wife Sarah co-founded Pro Baseball Insider (PBI) together. PBI is a platform where professional baseball players can donate their knowledge free to the public. For help, please email Sarah(at)probaseballinsider.com or use this form: Contact PBI.

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