TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT TO
WHICH YOU CONSENT AND WITHOUT WHICH THE PRODUCT WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME
STATES DO NOT ALLOW CERTAIN EXCLUSIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
Terrano retains the exclusive right to repair or replace (with a new or newly-refurbished replacement Product) the device or
software or give a refund of the purchase price at its sole discretion. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY BREACH OF WARRANTY.
WAIVER AND GENERAL RELEASE
By using the Product, you will waive substantial legal rights including the right to sue. Please read the following carefully before
using the Product.
By using the Product, you are irrevocably releasing, indemnifying from any liability, loss, claim and expense (including attorneys
fees) and holding Terrano harmless for any bodily injuries, harm or death as well as losses or damages in goods, to any vehicles
including your own, or to any property or asset that belong to you or to third parties, any of which may result from using the
Product under any circumstances or conditions and irrespective of jurisdiction.
1. You, your heirs, legal representatives, successors or assigns, hereby voluntarily and forever release, discharge, indemnify and
hold harmless Terrano from any and all litigation, claims, debts, demands, actions and liability which may arise, directly or
indirectly, from using the Product for any distress, pain, suffering, discomfort, loss, injury, death, damages to or in respect to
any person or property however caused, WHETHER ARISING FROM THE NEGLIGENCE OR OTHERWISE, and which may hereafter
accrue to you on some future date as a result of said use, to the fullest extent permitted by law.
2. You fully understand and assume the risks in using the Product, including risk of negligent acts or omissions by others. All risks
for operating the Product are assumed solely by the user of the Product.
3. You confirm that you are physically capable to use the Product and that you have no medical conditions or needs that may
infringe upon your abilities to do so in a safe manner. You further confirm that you will not consume any alcohol that may
affect your alertness or any mind-altering substance, and will not carry, use or consume these substances before or during the
use of the Product.
4. You fully acknowledge our warnings and understand that:
(a) risks exist in using the Product while in traffic, including but not limited to injury or illness, strains, fractures, partial and/or
total paralysis, death or other ailments that could cause serious disability;
(b) these risks may be caused by the negligence of the manufacturers or its agents or any third party involved in the Product;
(c) these risks and dangers may arise from foreseeable or unforeseeable causes.
You hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part
by the negligence or other conduct of others, including Terrano.
5. By using the Product, you confirm that you have read this release of liability and fully understand and accept its terms and
conditions.
www.terranosystems.com
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