Cover Me Camera, an Unregistered Trade Name of West Chai Design Inc. (“CMC”)
WAIVER AND LIMITATION OF LIABILITY AND WARRANTY
THIS DOCUMENT CONTAINS IMPORTANT RESTRICTIONS ON YOUR RIGHTS AND SHOULD BE CONSIDERED CAREFULLY.
1. Waiver, Release and Indemnity
By accepting delivery of the product being provided by CMC (the “Product”), and in consideration thereof, the customer individually (and jointly and severally as the case may be)(the “Customer”), and on behalf of the Customer’s executors, administrators, heirs, next of kin, representatives, successors and assigns, agrees as follows:
(a) waive, release and discharge CMC and its successors, assigns, parents, subsidiaries, affiliates, employees, managers, members, officers, directors, agents and other representatives (“Released Parties”) from any and all liability for damage or injury to the property and/or person of the Customer or others, and covenants not to sue any of the Released Parties with regard to the same; and
(b) protect, defend, hold harmless and indemnify each of the Released Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary and consequently damages, and losses of any kind and lawyer’s fees) based upon, resulting from and/or relating in any way to Customer’s use of the Product.
2. Limitation of Liability
2.1 CMC will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages occurring out of or in connection with CMC providing the Product, or failure to provide the Product, as the case may be, or from any breach of terms or from the negligence of CMC or the Customer’s use of the Product. This limitation of liability includes any damage to other property and devices used in connection with the Product.
2.2 Notwithstanding anything else in this Agreement, CMC’s liability to the Customer will not exceed the amount paid by the Customer for the Product.
3. NO WARRANTY
3.1 CMC does not warrant that the Product is suitable for the Customer’s intended use. CMC will make all reasonable efforts to ensure that the Product is free of defects in workmanship and materials at the time of delivery. However, CMC does not provide any representations or warranties with regards to the Customer’s use of the Product, damage caused by misuse, wear and tear, accident, repair, modification or alteration.
4. Personal Information
In the process of placing Product orders with CMC, the Customer may provide certain personal information, including name and contact information. CMC will hold this information as confidential and will not disclose any personal information unless reasonably required to do so in completing the Customer’s Product order or unless required to do so by law. CMC will not use the personal information for promotional or market purposes unless previously authorized by the Customer.
THERE ARE NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES BY CMC.