D-FLY DRAGONFLY - Page 40

FAILURE TO READ AND FOLLOW ALL INSTRUCTIONS MAY RESULT IN SERIOUS INJURY
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To the fullest extent permitted by law, this release and hold harmless agreement includes
any and all Claims related to or arising from the sole or partial negligence of D-Fly, the
Released Parties or any other party. Rider hereby expressly waives any claims against
the Released Parties or any other party which Rider does not know or suspect to exist in
Rider’s favor at the time of use of the Dragony, and expressly waives Rider’s rights under
any statutes that purport to preserve Rider’s unknown claims.
6. LEGAL STATUS
IT IS THE RESPONSIBILITY OF RIDER, NOT D-FLY, TO ASCERTAIN, AND OBEY, ALL
APPLICABLE LOCAL, STATE, FEDERAL AND INTERNATIONAL LAWS IN RESPECT OF
THE USE, POSSESSION AND OPERATION OF THE DRAGONFLY, AND D-FLY DISCLAIMS
ANY AND ALL LIABILITIES FOR YOUR COMPLIANCE WITH APPLICABLE LAW IN THE
USE, POSSESSION OR OPERATION OF YOUR DRAGONFLY. Should Your Dragony be
conscated by customs in Your country or any other country, you will NOT be refunded
and You waive any rights you may have to deny Your payment to D-Fly.
7. MISCELLANEOUS
• You will not assign any of Your rights or delegate any of Your obligations hereunder
without our prior written consent. Any purported assignment or delegation in
violation hereof is null and void. No assignment or delegation relieves You of any of
your obligations hereunder. The failure by us to enforce any right or provision hereof
will not constitute a waiver of future enforcement of that right or provision. The
waiver of any right or provision will be effective only if in writing and signed by a duly
authorized representative of D-Fly. These Terms and Conditions do not and are not
intended to confer any rights or remedies upon any person other than You.
• We may provide any notice to You hereunder by (i) sending a message to the email
address You provide or (ii) by posting to the website. Notices sent by email will be
effective when we send the email and notices we provide by posting will be effective
upon posting. It is Your responsibility to keep your email address current.
• If any provision of these Terms and Conditions is invalid, illegal, void, or
unenforceable, then that provision will be deemed severed from these Terms and
Conditions and will not affect the validity or enforceability of the remaining provisions
of these Terms and Conditions.
•
8. ACKNOWLEDGMENTS
These Terms and Conditions are effective and binding upon Rider’s heirs, agents,
personal representatives and assigns. Rider has read the foregoing and acknowledges
that they understand and agree to all of the above terms and conditions. Rider has had
the opportunity to ask any and all questions regarding these Terms and Conditions and
the effect of the same. Rider agrees that by purchasing items or sending payment for
items, they assume all risks and waive and release certain substantial rights that they
may have or possess.
9. RIDER ACCEPTANCE
• Rider represents and certies that Rider has read and expressly agrees to the Terms
and Conditions hereof. Rider intends their assent to these Terms and Conditions
to be a complete and unconditional release of all liability to the greatest extent
permitted by applicable law.
• Rider represents and certies that Rider is familiar with the operation of the
Dragony, and is reasonably competent and physically t to ride the vehicle.
• Rider represents and certies that Rider is 18 years old or over, will wear a helmet
where required by applicable law, will ride at Rider’s own risk, will not ride a Dragony
with another occupant, and will obey all applicable trac laws.
• By placing an order, Rider represents that the Dragony will be used in a lawful
manner.