TERMS OF SERVICE & PRIVACY POLICY

By purchasing UpMsk I acknowledge my acceptance of this waiver and that I am aware of, appreciate the character of, and voluntarily assume all risks associated with wearing an UpMsk, and/or participating in activities or actions that I solely take responsibility for choose to do while wearing an UpMsk.

 

I understand that risks associated with my actions and activities while wearing an UpMsk including, but are not limited to, bodily injury, property loss, infection from disease, or damage and death. I also acknowledge that UpMsk is not meant to act as a face mask, face shield, or any other medically approved method for stopping or preventing infection from any infectious and/or respiratory disease transmitted through bodily fluids or human contact. Purchaser acknowledges that the UpMsk is solely to be used to provide additional comfort and support while wearing a medically approved face mask in a medically approved manner, and wearer assumes full responsibility for their own actions, safety, and well being of themselves and others they come into contact with while wearing the UpMsk under a face mask. UpMsk cannot and will not prevent the wearer from infection and is not meant to be used as such. UpMsk should never be used in a clinical or high-risk environment or with an N95 or similar face mask.

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By my purchase of an UpMsk, on behalf of myself, my heirs, next of kin, successors in interest, assigns, personal representatives, and agents, I hereby:

 

1. Waive any claim or cause of action against and release from liability Safe T First Solutions and UpMsk, its officers, employees, and agents for any liability for injuries to my person or property resulting from use and wearing of an UpMsk;

 

2. Agree to indemnity and hold harmless Safe T First Solutions and UpMsk, its officers, employees, and agents for any claims, causes of action, demands, expenses, judgments, fees and costs of whatever kind or character arising from, by reason of, or in connection with my purchase and wearing of an UpMsk for any and all activities conducted while wearing said UpMsk.

 

I have carefully read this RELEASE AND INDEMNITY AGREEMENT, or had it read to me in a language I fully understand, and I understand all of the terms. I understand I have given up substantial rights by signing this agreement and that it is the intention of the parties that Safe T First Solutions and UpMsk and its officers, agents and employees shall not be liable or in any way responsible for injury, damage, liability, loss or expense resulting to me due to accidents, mishaps, misconduct, negligence or injuries stemming from use and/or wearing of an UpMsk. My purchase has been made freely and voluntarily without any inducement, assurance or guarantee being made.

 

 

WARRANTY LIMITATIONS/DISCLAIMERS

 

THE FOREGOING SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF ANY CUSTOMER OF A SAFE T FIRST SOLUTIONS UPMSK AND THE SOLE AND EXCLUSIVE RESPONSIBILITY OF SAFE T FIRST SOLUTIONS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SAFE T FIRST SOLUTIONS NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER OBLIGATION OR RESPONSIBILITY IN CONNECTION WITH THIS SAFE T FIRST SOLUTIONS UPMSK  WARRANTY. IN NO EVENT SHALL SAFE T FIRST SOLUTIONS BE RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY

DELAY OR ANY ECONOMIC OR COMMERCIAL LOSS RESULTING FROM SAFE T FIRST SOLUTIONS' PERFORMANCE OR NON-PERFORMANCE UNDER THIS WARRANTY. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL WARRANTIES, OBLIGATIONS OR RESPONSIBILITIES OF SAFE T FIRST SOLUTIONS DEALERS, OR OTHER [MANUFACTURER] AUTHORIZED SOURCE, EXPRESSED, IMPLIED OR STATUTORY.

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WARRANTY COVERAGE IS NOT EXTENDED TO REPAIRS OR PARTS AND SERVICES REQUIRED AS A RESULT OF NORMAL OR ACCELERATED WEAR AND TEAR