Propel Imoprts, Inc.
Hold Harmless Agreement
You are responsible for the safe use of your purchased items.
By purchasing and subsequently using a product offered for sale,
you agree to hold harmless in the event of any injury
sustained from the proper or improper use of any products purchased.
By purchasing an item you agree that ’s maximum
amount of liability is equal to the purchase price and that you
will not attempt to recover damages of any type from Propel Imoprts.
Legal Disclaimers, Terms, Policies & Conditions:
You understand that you have purchased a motor scooter from
Propel Imports, Inc. If you buy, for personal use and/or for
resale as a dealer, a Scooter(s), ATV(s), Mini-Bike(s) or other
product(s) offered for sale, you are a “Purchaser”.
The use of the term ‘you’ or ‘your’ shall
be interpreted to mean and have the same effect as Purchaser.
and its websites, (hereinafter “Distributor”),
expressly disclaims all warranties either expressed or implied
warranty of merchantability or fitness for a particular purpose,
except warranties described above. “Product” is
defined as the Scooter(s), ATV(s), Helmets, Accessories and
other products sold by Propel Imports. (“Distributor”).
You as Purchaser agree to on behalf of yourself, your personal
representatives, assigns, heirs, and next of kin you hereby
release, discharge and covenant not to sue Distributor, its
owners, directors, trustees, officers, members, volunteers,
and employees (the “Releasees”), from all liability,
claims, losses or damages on your account arising out of
activities associated with the purchase of the product(s).
You further agree that if, despite this release and indemnity
agreement, you or anyone on your behalf makes a claim against
any of the Releasees, you will indemnify, defend and hold
harmless each of the Releasees from any litigation expense,
attorneys’ fees, loss, liability, damage or costs which
also may incur as a result of such claim.
Warning: Scooter riding activities involve risks and dangers
of serious bodily injury, including but not limited to: disability,
paralysis and/or death. These risks and dangers may be caused
by your own actions, or inactions, the actions or inactions
of others participating in the activity, the condition in
which the activity takes place, or the negligence of others.
There may be other risks, social and economic losses either
known to you, not known to you or not readily foreseeable
at this time. You fully accept and assume all such risks
and all responsibility for losses, costs and damages incurred
as a result of your participation in the scooter riding activity.
You must inspect all equipment before using it and to take
full responsibility for assuring that the equipment is in
good working order and safe to use. You further understand
that you are responsible for damage to equipment.
Agreement: By signing below, you constitute your understanding
and acceptance of all of our policies and agree that they
constitute a legally binding agreement. Any ambiguous language
in this agreement shall be interpreted as to its fail meaning
and not strictly for or against any party.
Such arbitration shall be conducted in De Pere, Wisconsin
and governed by the then prevailing commercial arbitration
rules of Wisconsin law, with the following exceptions if
in conflict: decisions and awards rendered by the arbitrator
shall be final and conclusive and may be entered in any court
as a basis of judgment and of the issuance of execution for
its collection. All speculative damages to either party shall
not have the power to amend this agreement. The arbitrator
shall be required to follow applicable law. [IF FOR ANY REASON
THIS ARBITRATION CAUSE BECOMES NOT APPLICABLE THEN EACH PARTY,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IRREVOCABLY
WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING
IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF
OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING
THE PARTIES.] Any and all attorneys’ fees will be the
responsibility of the non-prevailing party.
All claims or disputes must be filed within the jurisdiction
of Brown County, Wisconsin.
Severability of Agreement: If any term or provision of this
agreement is determined to be illegal, unenforceable, or
invalid in whole or in part for any reason, such illegal,
unenforceable or invalid provisions shall be stricken from
this agreement, and such provision shall not affect the legality,
enforceability, or validity of the remainder of this agreement.
If any provision or part of this agreement is stricken in
accordance with the provisions of this section, then this
stricken provision shall be replaced, to the extent possible,
with a legal, enforceable, and valid provision that is as
similar in terms to the stricken provision as is legally
possible.
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