Disclaimer of warranties, representations, and conditions
Important warning: Never use the WhipHit bat unless all persons and/or objects are well clear of the area the WhipHit bat is being used. The WhipHit bat is strictly a training device and is expressly not to be used as a baseball or softball bat would traditionally be used in recreational, amateur, or professional game of baseball, softball, or other like sports.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
The WhipHit bat (herein referred to as “the WhipHit”) product may cause serious injury or death if used improperly, unsafely, and/or without proper safety equipment and precautions. Always wear an approved batting helmet with a facemask/faceguard installed while using the WhipHit. Your use of the WhipHit is at your sole risk. Misuse of this product voids all liabilities or claims related to and/or arising from the WhipHit.
No express or implied warranties:
There are no warranties, express or implied, with the WhipHit, and the Fastpitch School LLC (“TFS”), makers of the WhipHit, expressly disclaims all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement. TFS makes no warranty that the WhipHit will meet your requirements, and/or that the WhipHit will be of the quality to meet your expectations. No advice or information, whether oral or written, obtained by you from TFS or through or from anyone involved with the sale of WhipHit shall create any warranty not expressly stated in the terms herein.
Limitation of liability:
You expressly understand and agree that WhipHit shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for injury, death, loss of profits, goodwill, use, data, or other intangible losses (even if TFS has been advised of the possibility of such damages), resulting from: (I) The use or the inability to use the WhipHit; (II) The cost of procurement of substitute goods resulting from the delivery of any non-conforming goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the WhipHit website; (III) Statements or conduct of any third party regarding the WhipHit; or (IV) Any other matter relating to the WhipHit.
Exclusions and limitations:
Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.