PRODUCT LIABILITY DISCLAIMER, WAIVER OF LIABILITY

PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.

First IN Mounts LLC offers its products subject to the following terms, conditions, and notices. These terms apply to all sales, purchases, and uses of its products. By purchasing, accessing, using, or allowing the use of First IN Mounts LLC’s products, you acknowledge that you have read, understand, and agree to be bound by this agreement.

1. Product Use and Limitations

THESE PRODUCTS ARE NOT DESIGNED OR MANUFACTURED AS LIFE-SAFETY, FALL-PROTECTION, OR RESCUE EQUIPMENT. Use for unlawful purposes is strictly prohibited.

2. Assumption of Risk and Express Negligence Release

You acknowledge that firefighting, emergency response, and related activities are inherently hazardous and involve risks of serious bodily injury or death. TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OR MISUSE OF THESE PRODUCTS.

THIS AGREEMENT EXPRESSLY RELEASES FIRST IN MOUNTS LLC FROM LIABILITY FOR ITS OWN NEGLIGENCE.

3. Indemnification

You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS FIRST IN MOUNTS LLC, its members, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to the use, misuse, installation, or possession of the products, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE, STRICT LIABILITY, OR OTHER FAULT OF FIRST IN MOUNTS LLC, to the fullest extent permitted by Texas law.

4. Limitation of Liability

IN NO EVENT SHALL FIRST IN MOUNTS LLC’S TOTAL LIABILITY EXCEED THE AMOUNT PAID FOR THE PRODUCT(S) AT ISSUE. IN NO EVENT SHALL FIRST IN MOUNTS LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS.

NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT TO THE EXTENT PROHIBITED BY TEXAS LAW.

5. No Warranty Disclaimer

Any warranties applicable to First IN Mounts LLC products are set forth exclusively on the company’s separate Warranty Policy page. NO WARRANTIES ARE CREATED BY THIS DISCLAIMER EXCEPT AS EXPRESSLY STATED IN THAT SEPARATE WRITTEN WARRANTY.

6. Severability

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

7. Governing Law and Venue

This agreement shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles. You agree that exclusive jurisdiction and venue for any dispute arising from this agreement or the use of these products shall lie in Hood County, Texas.

Modification of Terms and Conditions - First IN Mounts LLC reserves the right to change the terms, conditions, and notices under which its products are off offered.