Cling Mounts: Magnetic Solutions for Life

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LIMITATION OF LIABILITY AND DISCLAIMERS AGREEMENT
This Limitation of Liability and Disclaimers Agreement ("Agreement") is entered into by and between you, the user ("User"), and Cling Mounts, Inc., a New York corporation ("Cling Mounts"), regarding the use of Action by Cling Mounts, a magnetic action camera mount system (the "Product").
Acceptance of Terms
By using the Product, User agrees to be bound by the terms and conditions of this Agreement. If User does not agree to these terms and conditions, User must not use the Product.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Cling Mounts, its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Product.
User Responsibility
User agrees that they are solely responsible for the proper installation, operation, and maintenance of the Product. User acknowledges that they have read and understood the instructions provided with the Product and shall follow them for the safe use of the Product. User assumes all risks associated with the use, misuse, or improper installation of the Product.
Warning on Magnetic Force
User acknowledges and agrees that the Product contains magnetic components and that the use of magnetic force is inherent to the Product's design. User understands that magnetic force can cause damage to certain electronic devices and other items sensitive to magnetism. User assumes all risks and liability associated with the use of the Product's magnetic components.
Lost Action Camera Mounts
Cling Mounts shall not be responsible or liable for any lost action camera mounts due to the nature of the Product, including but not limited to detachment, improper installation, or other factors beyond Cling Mounts' control.
Indemnification
User agrees to indemnify, defend, and hold harmless Cling Mounts, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with User's use, misuse, or improper installation of the Product, or User's violation of this Agreement.
No Warranties
Cling Mounts disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Cling Mounts does not warrant that the Product will meet User's requirements or that the operation of the Product will be uninterrupted, error-free, or completely secure.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the State of New York.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the User acknowledges and agrees to the terms and conditions set forth in this Agreement by using the Product.
TERMS OF USE AGREEMENT
This Terms of Use Agreement ("Agreement") is entered into by and between you, the user ("User"), and Cling Mounts, Inc., a New York corporation ("Cling Mounts"), regarding the use of Action by Cling Mounts, a magnetic action camera mount system (the "Product").
Acceptance of Terms
By using the Product, User agrees to be bound by the terms and conditions of this Agreement. If User does not agree to these terms and conditions, User must not use the Product.
License to Use
Cling Mounts grants User a limited, non-exclusive, non-transferable license to use the Product for personal and non-commercial purposes only. User shall not use the Product for any illegal, unauthorized, or prohibited purposes.
Ownership and Intellectual Property
User acknowledges and agrees that Cling Mounts owns all rights, title, and interest in and to the Product, including all intellectual property rights. User shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Product.
User Conduct
User agrees to use the Product in a manner consistent with all applicable laws and regulations. User shall not engage in any conduct that may damage, disable, overburden, or impair the Product or interfere with any other party's use and enjoyment of the Product.
Termination
Cling Mounts reserves the right to terminate User's license to use the Product at any time and for any reason, without prior notice. Upon termination, User shall immediately cease all use of the Product.
Disclaimer of Warranties
Cling Mounts disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Cling Mounts does not warrant that the Product will meet User's requirements or that the operation of the Product will be uninterrupted, error-free, or completely secure.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Cling Mounts, its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Product.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the State of New York.
Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the User acknowledges and agrees to the terms and conditions set forth in this Agreement by using the Product.