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The use of The Kicking Stick (the “Product”) involves significant risk of physical injury or damage. By purchasing, using, or allowing the use of the Product, you understand and agree that American football, including kicking, punting, and demonstrations of skill, are high-risk activities, and, to the extent permitted by law, YOU ASSUME ALL RISKS OF INJURY OR DEATH that may result from such activities.
This Product is intended for use by trained professionals and or individuals over the age of ten. It is the user’s responsibility to understand their own physical limitations and abilities, and to practice proper techniques involved in American football kicking, punting and other football related activities. Beginners should use the Product under professional supervision.
The Kicking Stick makes no warranty, express or implied, of the fitness of the Product for any particular purpose or that the Product will be suitable or appropriate for the specific requirements of the user. The Kicking Stick shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the Product, even if The Kicking Stick has been advised of the possibility of such damages.
The Kicking Stick disclaims any and all liability for damage, injury, or death to you, your dependents, or to any third party arising from use or misuse of this Product. By using the Product, you agree to hold The Kicking Stick harmless from any and all claims, losses, liabilities, damages, costs, or expenses which are sustained, incurred, or required arising out of the use of the Product.
Always inspect the Product before each use for signs of wear, damage, or defects. Do not use if any defects are identified. Ensure that the Product is used in a safe and open environment and in a manner that does not endanger you or others.
This disclaimer does not affect your statutory rights, to the extent that they cannot be excluded or limited by law.
ANY FORM OF MANIPULATION, ALTERATION, DISASSEMBLY, REVERSE ENGINEERING, TAMPERING, UNAUTHORIZED REPRODUCTION, OR ANY OTHER UNAUTHORIZED USE OF THE KICKING STICK™ IS STRICTLY PROHIBITED. SUCH ACTIONS CONSTITUTE A SERIOUS VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS AND WILL BE SUBJECT TO IMMEDIATE LEGAL ACTION. WE RESERVE THE RIGHT TO PURSUE ANY AND ALL LEGAL REMEDIES AVAILABLE TO US TO PROTECT OUR PRODUCT AND INTELLECTUAL PROPERTY, INCLUDING BUT NOT LIMITED TO SEEKING DAMAGES, INJUNCTIONS, AND ATTORNEY FEES. BY PURCHASING AND USING THE KICKING STICK™, YOU AGREE TO THESE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT ANY VIOLATION WILL SUBJECT YOU TO SEVERE LEGAL CONSEQUENCES.
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