Terms and Conditions
Terms and Conditions of Sale
Release of Liability, Waiver, and Assumption of Risks
All products offered by KILTER, LLC and all brands on Setter Closet (the "Company") are sold and provided to you subject to the following Terms and Conditions. The Terms and Conditions set forth below are fundamental elements of the basis of the agreement between the Company and you. By voluntairly ordering, purchasing, accepting and/or utilizing any product (s) from the Company (the "Products"), you irrevocably acknowledge your acceptance of the Terms and Conditions listed below.
WARNING: INDOOR AND OUTDOOR ROCK CLIMBING, BOULDERING, AND RELATED RECREATIONAL ACTIVITIES ARE POTENTIALLY LIFE THREATENING, HAZARDOUS, AND DANGEROUS. By purchasing or using any of the Company's Products in any manner, you agree that you, your employees, and your customers are: (1) personally and solely responsible for: (a) learning and knowing the limits and capabilities of the Products and yourself, (b) identifying a proper and safe site and structurally sound location for utilizing the Products, (c) the proper installation, and use of such Products, (d) inspecting the Products before each use for cracks, weathering, or other signs of weakness or safety concerns, (e) making sound decisions while installing and using the Products and seeking professional assistance as needed, (f) using the Products in a responsible manner consistent with their intended use and with consideration for the safety of those who will be using the Products, (g) taking safety precautions and abstaining from negligent behavior; and (2) assuming all risks and accepting full and complete responsibility for any and all damages and injury of any kind to yourself or others, including death, paralysis, serious injury, and property damage which may result from or is related to your use of any Products manufactured by or purchased through the Company, its affiliates, partners, websites, or retailers.
THE COMPANY HEREBY EXPLICITLY DISCLAIMS ALL RESPONSIBILITY FOR ANY CLAIMS, DAMANGES, OR LOSS RELATED TO OR ARISING FROM USE OF THE PRODUCTS. YOU HEREBY RELEASE AND HOLD THE COMPANY AND ITS AFFILIATES HARMLESS FROM ANY DAMAGES THAT ARISE FROM OR ARE RELATED TO, OR WHICH OCCUR AS A RESULT OF, YOUR BREACH OF THESE TERMS AND CONDITIONS. YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY, ITS MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND AGENTS FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY FEES AND COURT COSTS, ARISING OUT OF ANY CLAIMS OR SUITS FOR DAMAGE OR INJURY TO ANY PERSON OR PROPERTY BASED IN WHOLE OR IN PART ON, ARISING OUT OF OR RELATED IN ANY WAY TO, YOUR BREACH OF THESE TERMS AND CONDITIONS.
These Terms and Conditions shall be governed by the laws of the State of Colorado and shall be construed in accordance therewith. If at any time there shall be a dispute arising out of or relating to any provision of these Terms and Conditions that the parties do not resolve among themselves, such dispute shall be submitted for binding and final determination by arbitration in Boulder, Colorado.
QUESTIONS AND CONTACT INFORMATION
If you have questions or want more information about our Terms and Conditions, please contact us by email at firstname.lastname@example.org or by mail at:
PO Box 11072 Boulder CO 80301