TERMS & CONDITIONS
PRODUCTS TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS (“TERMS”) SHALL GOVERN ANY AND ALL PRODUCTS (the “PRODUCTS”) PURCHASED BY YOU (“YOU” OR “CONSUMER”) FROM INNOVATING THE OUTDOORS LLC AND/OR ITS AFFILATES (“COMPANY”)
Please read these Terms carefully before using Company’s Products. By purchasing, using, or assembling the Products, You confirm that You have received, read, and understand these Terms and agree to be bound thereby.
-
Assumption of Risk and Safety Precautions. By purchasing and using the Products, You acknowledge that outdoor activities involve inherent risks which include, but not limited to, the risk of falling, equipment failure, or injury from use. You agree that You assume all risks associated with the use of the Products and that You are solely responsible for Your safety while using the Products. To minimize risks, You must always: 1) Wear appropriate safety gear, including a full-body harness when using tree stands; 2) Inspect all equipment before each use; 3) Never exceed weight limits; 4) Avoid use when impaired by drugs, alcohol, or fatigue; 5) Follow all manufacturer instructions and warnings; and 6) Inform someone of Your location and expected return time.
-
Limitation of Liability. To the maximum extent permitted by law and in accordance with applicable consumer protection laws, the Company shall not be liable for any injuries, damage, or losses arising from the use, misuse, or inability to use the Products. This includes, but is not limited to, damage resulting from falls, improper installation, product failure, or any other cause. You and Your users of the Products agree to release, indemnify, and hold Company, its affiliates, and employees harmless from any liability, claims, or damages. In no event shall Company be liable for any indirect, incidental, consequential, special, or punitive damages, whether based on contract, tort, or any other legal theory., whether direct, indirect, or consequential. You must provide written notice to Company of any claim for damages within thirty (30) days of the occurrence giving rise to the claim. Failure to provide such notice within the specified period shall result in the claim being barred. Any claim for damages arising from the use of the Products must be made within one (1) year from the date of purchase. Claims made after this period will be time-barred and not considered.
-
Indemnification. You agree to indemnify, defend, and hold Company, its officers, directors, employees, agents, and affiliates harmless from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with Your use of the Products, Your violation of these Terms, or Your violation of any applicable law or regulation. This indemnification obligation shall survive the termination of these Terms and Your use of the Products.
-
No Warranty. Unless otherwise expressly provided by the Company in writing, the Products are sold “as is,” without any warranties, express or implied. This includes any warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that You are solely responsible for assessing the suitability of the Products for their intended use. In the event that any implied warranty is deemed to exist by law, such warranty is non-transferable and applies only to You, the original purchaser.
-
Third-Party Product Disclaimer and Proper Use. Company does not represent or warrant to the safety of any third-party product, nor does it represent or warrant the safety or compatibility of the Products when used in combination with any third-party product. You are solely responsible for reading and understanding all third-party product instructions. Failure to follow instructions may result in serious injury or death. Company is not responsible for injuries or damages resulting from improper use or failure to follow such third-party product instructions.
-
Safety Precautions. Always inspect equipment before each use to ensure that it is in good condition. Do not use any Products that appear damaged or defective.
-
Age Verification. By purchasing, using, or assembling the Products, You confirm that You are of legal age in Your jurisdiction to enter into these Terms and assume the risks associated with the Products. If You are under the age of majority, You must have a parent or legal guardian agree to these Terms on Your behalf.
-
Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Commonwealth of Pennsylvania. Any disputes arising from the use of the Products shall be resolved exclusively in the courts of Allegheny County, Pennsylvania.
By purchasing and using the Products, You voluntarily agree to these Terms and confirm that You fully understand the risks involved. You acknowledge that Your decision to use the Products is made of Your own free will and with a complete understanding of the potential dangers associated with their use. Your safety is our priority, and we encourage You to take all necessary precautions to ensure a safe and enjoyable outdoor experience.