Release, Assumption of Risk, Waiver of Liability and Indemnity Agreement:
YOUR USE OF THIS WEBSITE AND ANY GOODS OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY GOODS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN MODERN LEISURE’S GENERAL WARRANTY.
BY USING THIS WEBSITE OR ANY GOODS OR ITEMS OBTAINED THROUGH THIS WEBSITE, YOU ACKNOWLEDGE THE INHERENT DANGERS AND RISKS ASSOCIATED WITH MODERN LEISURE GOODS AND ITEMS AND VOLUNTARILY ASSUME SUCH DANGERS AND RISKS. YOU ALSO AGREE TO SUPERVISE THE USE OF SUCH GOODS AND ITEMS BY ANY MINOR IN YOUR CONTROL OR SUPERVISION, AND YOU VOLUNTARILY ASSUME THE DANGERS AND RISKS ASSOCIATED WITH THEIR USE.
BY USING THIS WEBSITE OR ANY GOODS OR ITEMS OBTAINED THROUGH THIS WEBSITE, YOU (FOR YOURSELF AND/OR ON BEHALF OF YOUR MINOR CHILDREN) AGREE TO RELEASE MODERN LEISURE, ITS AFFILIATES OR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS FROM ANY AND ALL LIABILITY FOR DAMAGES OF ANY KIND AND NATURE, UNDER ANY LEGAL THEORY (INCLUDING TORT AND BREACH OF CONTRACT), ARISING OUT OF OR IN CONNECTION WITH YOUR USE (OR INABILITY TO USE) THE WEBSITE, ANY CONTENT ON THE WEBSITE OR ANY GOODS OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENT, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EVEN IF FORSEEABLE.
By using this Website and any goods or items obtained through this Website, you also agree to defend, indemnify and hold harmless Modern Leisure, its affiliates or licensors, suppliers, service providers, employees, agents, officers and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your use of the Website, any content on the Website, or any goods or items obtained through the Website.
Lastly, you agree that all matters relating to the Website or any goods or items obtained through this Website, and any dispute or claim arising therefore or related thereto, shall be governed by and construed in accordance with the laws of the State of Colorado. Any legal suit, action or proceeding arising out of, or related to, the use of this Website or any goods or items obtained through this Website shall be instituted and brought exclusively in an appropriate state court in Broomfield County, Colorado. You waive any and all objections to the exercise of jurisdiction over you by such court and to venue in such court.
Modern Leisure™ is owned and controlled property of The Allen Company, Inc.