THIS IS A LEGAL DOCUMENT AND, BY CLICKING ON “PROCEED TO CHECKOUT” ON THE BASKET PAGE YOU ARE GIVING UP CERTAIN RIGHTS. PLEASE READ IT CAREFULLY
This Assumption of Risk and Release of Liability Agreement (“Agreement”) is entered into on the date of your clicking “I Agree” or placing a purchase on our website letsbuytrampolines.com, between Eicur, LLC dba letsbuytrampolines.com. (“Letsbuytrampolines.com”) and you (“Buyer”). As part of the consideration to support the Buyer’s purchase of the trampoline and any accessories (the “Product”), Buyer hereby agrees to the following:
1. ASSUMPTION OF RISK.
I know and understand the scope, nature, and extent of the risks involved using the Product. I understand these risks include, but are not limited to: Product malfunction and/or failure to function; defective and/or negligent design and/or manufacture of the Product; improper and/or negligent preparation of the Product for Buyer; improper and/or negligent operation and/or use of the Product; carelessness and/or negligent instruction and/or negligent supervision before, during or after use of the Product. I voluntarily, freely and expressly choose to incur all risks associated with using the Product covered by this Agreement, understanding that those risks may include personal injury, damage to property, and/or death.
2. EXEMPTION AND RELEASE FROM LIABILITY.
I EXEMPT AND RELEASE EICUR, LLC. dba LETSBUYTRAMPOLINES.COM, AND ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, LESSORS; (THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS OR ACTIONS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF ANY DAMAGE, LOSS OR INJURY TO ME OR MY PROPERTY, OR MY DEATH, WHILE UTILIZING THE PRODUCT, WHETHER RESULTING FROM THE GROSS NEGLIGENCE, NEGLIGENCE AND/OR OTHER FAULT, EITHER ACTIVE OR PASSIVE, OF ANY OF THE RELEASED PARTIES, OR FROM ANY OTHER CAUSE..
3. COVENANT NOT TO SUE.
I agree never to institute any suit or action at law or otherwise against any of the Released Parties, or to initiate or assist in the prosecution of any claim for damages or cause of action which I may have by reason of injury to my person or property, or my death, arising from the use of the Product, whether caused by the gross negligence, negligence and/or other fault, either active or passive, of any of the Released Parties, or from any other cause. I further agree that my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, shall not institute any suit or action at law or otherwise against any of the Released Parties, nor shall they initiate or assist the prosecution of any claim for damages or cause of action which I, my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf may have by reason of injury to my person or property, or my death, arising from my use of the Product, whether caused by the gross negligence, negligence and/or other fault, either active or passive, of any of the Released Parties, or from any other cause. I hereby so instruct my heirs, executors, administrators, personal representatives and/or anyone else claiming on my behalf. Should any such suit or action at law or otherwise be instituted against any of the Released Parties, I agree that such Released Parties shall be entitled to recover attorneys’ fees and costs incurred in defense of such suit or action, including any appeals therefrom.
4. INDEMNITY AGAINST THIRD PARTY CLAIMS
I will indemnify, defend and hold harmless the Released Parties from any and all losses, claims, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other third parties and which arise directly or indirectly from my utilization of the Product, whether resulting from the gross negligence, negligence and/or other fault, either active or passive, of any of the Released Parties or from any other cause.
5. VALIDITY OF WAIVER.
I have read and understand the terms of this Agreement. letsbuytrampolines.com’s sale of the Product is adequate consideration for the agreements and covenants contained in this Agreement. I understand and agree that if I institute, or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the Released Parties because of injury to my person or property, or my death, due to my use of the Product, this Agreement can and will be used as evidence in court.
6. REPRESENTATIONS AND WARRANTIES.
I represent and warrant that I am physically able to operate the Product. I HAVE CAREFULLY READ THIS DOCUMENT, FULLY KNOW AND UNDERSTAND ITS CONTENT, AND AGREE TO IT OF MY OWN FREE WILL.
Who we are:
LetsBuyTrampolines.com – a site dedicated to the sale of trampolines and trampoline accessories.
What information do we collect?
We collect information from you when you register on our site or place an order.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience
(your information helps us to better respond to your individual needs)
To improve our website
(we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
By using our site, you consent to our Terms of Service.
This policy was last modified on December 4, 2018.
663 South Rancho Santa Fe Rd., #271
San Marcos 92078