TERMS & CONDITIONS

TERMS OF USE AND RELEASE OF LIABILITY

Stakes Manufacturing, LLC (“Stakes”) offers its 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, purchasing, or allowing use of Stakes’ products indicates your agreement to these terms. If you do not wish to agree to these terms, do not purchase our products.

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

Warranty: This product is sold amid an unprecedented international pandemic of coronavirus (COVID-19) and an extraordinary shortage of personal protective equipment. This product has no implied or express manufacturer’s warranty, given the limited nature of its use and the current conditions under which it is being sold.

High Risk Activity: If Stakes products are used in high-risk activities or circumstances, the risks include, but are not limited to serious physical injury, disability and/or death. You participate in those underlying activities at your own risk and should not rely upon Stakes products to lessen or eliminate the risks.

Assumption of Risk: By buying, using, or allowing the use of Stakes’ products, you understand and agree that potentially exposing yourself COVID-19 is a high risk activity and, to the maximum extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Stakes, including, but not limited to, equipment malfunction from whatever cause, manufacturing defect, other damage or defect, or any other fault of Stakes. Additionally, you agree to indemnify, defend, and hold Stakes harmless from any third-party claims arising from such high-risk activities or any other claims.

Modification: Modification of Stakes’ products can lead to malfunctions and give rise to serious risks, including, but not limited to, equipment damage, serious physical injury, disability and/or death. You are responsible for any modifications you perform on your or anyone else Stakes’ products. Stakes’ is not responsible and will not be held liable for any modifications done through the use or misuse of its product, even if the modifications, include, but are not limited to, bypassing or eliminating safety features, doing anything against safety regulation and standards, and/or improper installation and adjustment of Stakes products.

Limitation of Liability: Stakes assumes no liability in the sale of its products as long as the product meets the specifications provided. If the specifications are not met once product is received in-hand, you may be eligible for a partial refund on a case-by-case basis. In no event shall Stakes liability exceed the value of the product(s) sold. In no event shall Stakes 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 Stakes 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 to Stakes for a replacement.

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 Stakes’ website or its products.

Entire Obligation: These Terms of Use and Release of Liability constitute the entire obligation of Stakes 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 Stakes and this disclaimer statement are governed by the laws of the state of Ohio. You hereby consent to the exclusive jurisdiction and venue of the courts of Cleveland, Ohio, 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, this paragraph.

Modification of Terms and Conditions: Stakes reserves the right to change the terms, conditions, and notices under which its products are offered.