Tasers and Flamethrowers Policy — Page 1

Tasers

By proceeding with a transaction to purchase any restricted item(s), the Customer identified below certifies that:

1. Electronic Incapacitation Device or Energy Weapon is to be used only for lawful self-defense or in the defense of others.  An Electronic Incapacitation Device or Energy Weapon is not a substitute for caution, common sense, or other preventive self-protection actions such as ensuring doors are locked, parking in well-lighted areas, avoiding suspicious individuals, or calling 911
2. The Customer has reviewed all United States federal, state, and/or local laws and regulations related to or arising from the possession, purchase and/or ownership of the restricted item(s) and agrees to be held responsible for the knowledge of and adherence to any and all applicable federal, state or local laws that may or may not govern the use, application, or possession of any Electronic Incapacitation Device or Energy Weapon product purchased for consumer use from the Company and its affiliates.
3. Customer acknowledges that there are certain inherent risks associated with the application and use of the Electronic Incapacitation Device or Energy Weapon products sold by the Company and its affiliates and Customer assumes full responsibility for personal injury to themselves and others, and further releases and discharges the Company,  manufacturer and any/all affiliates thereof for injury, loss or damage arising out of use of any product sold by the Company and its affiliates.
4. Customer agrees to observe all posted or published rules and warnings and further agrees to follow any oral or written instructions or directions given by the manufacturer related to the use, application, and safety of any Electronic Incapacitation Device or Energy Weapon product offered and or sold by the Company and its affiliates.  Customer agrees to follow the instructions explicitly for use and safety of the Electronic Incapacitation Device or Energy Weapon according to the exact specifications and protocol. Customer understands that Electronic Incapacitation Device or Energy Weapon products sold by the Company are for commercial use only and to be used by professionals. Customer agrees to indemnify and defend the Company and its affiliates against all claims, causes of actions, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from Customer or Customer affiliated party use of any product purchased through the Company and its affiliates.
5. The Customer is legally permitted to possess, purchase and/or own the restricted item(s) including the procurement of all applicable licenses. Customer agrees to be solely liable and to hold harmless and to indemnify the Company and its affiliates. for any negligent, reckless, or willful actions, including but not limited to any criminal act and/or violation of any local, state, or federal laws for which Customer is solely responsible for the knowledge and compliance of said laws.
6. The Customer does not intend to transfer the item(s) in violation of United States federal, state, and/or local laws and regulations.
7. The item(s) will be used for lawful purposes only.  The Customer is not associated with any criminal group or criminal enterprise. Customer agrees to hold harmless and to indemnify the Company and its affiliates for any violation of any state, local or federal laws, by  Customer or Customer affiliated party, whether such violation results in any damages, bodily injury up to and including death, or physical, personal or real property damages of any kind or not.
8. If the Customer is an individual, that he/she is 19 years of age or of legal age for an item according to applicable federal, state, and/or local laws and regulations.
9. The Customer is under no legal or other disability that would prevent the Customer from possessing, purchasing, owning, and/or transferring any of the item(s).
10. The Customer understands that the item(s) may be restricted by United States export control laws including, but not limited to, the Export Administration Regulations (EAR) and/or International Traffic in Arms Regulations (ITAR). The Customer agrees to comply with any applicable United States federal, state, and local laws including, but not limited to, United States export control laws.

Release and Waiver of Liability, Assumption of Risk, Indemnity and Hold Harmless Agreement

The Customer and its personal representatives or assigns hereby release, waive, discharge, and covenant not to sue Opticsplanet, Inc., and its officers, employees, affiliates, representatives, or agents from any and all claims arising from for the purchase of these item(s) including, but not limited to, claims resulting from personal injury, accidents, illness, death, or property loss arising from or relating to, use of the item(s).  The Customer understands the items(s) that the Customer is purchasing have inherent risks and can result in injury regardless of the care taken to avoid injury. The Customer knowingly and voluntarily assumes all risks associated with the item(s).  The Customer agrees to indemnify and hold the Company and its officer, employees, affiliates, representatives, or agents harmless from any and all claims, actions, suits, demands, procedures, costs, expenses, damages, and liabilities including the payment of any legal fees and costs.  The Customer acknowledges that this waiver is intended to be as inclusive as U.S. federal, state, and any other applicable law permits.   

In no event will OpticsPlanet, Inc or its affiliates be liable to Customer for any lost profits or indirect, incidental, consequential, special, exemplary, or punitive damages.  OpticsPlanet, Inc’s liability is limited to replacing defective goods.   Pursuant to the provisions of the California Song-Beverly Consumer Warranty Act, this product is sold "AS IS" and "WITH ALL FAULTS". 

Any controversy or claim arising out of or relating to Customer’s purchase of any product from OpticsPlanet, Inc shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.  Venue for any arbitration, or any legal dispute, shall lie only in the City of Chicago, Cook County, Illinois and in no other venue or forum.  The laws of Illinois shall apply to all transactions.

Flamethrowers

In exchange for participation in the activity and use of any product purchased from Opticsplanet, Inc.,Customer agree for themself and (if applicable) for any members of my family, to the following:

1. I agree to observe all posted or published rules and warnings, and further agree to follow any oral or written instructions or directions given by Opticsplanet, Inc. relative to the use, application of any product offered and or sold by Opticsplanet, Inc..
2. I agree to be held responsible for the knowledge of and adherence to any and all applicable federal, state or local laws that may or may not govern the use, application, or possession of any product purchased for consumer use from Opticsplanet, Inc..
3. I recognize that there are certain inherent risks associated with the application and use of the products sold or designed by Opticsplanet, Inc., andCustomer (the end-user) assume full responsibility for personal injury to myself or anyone else, and further release and discharge Opticsplanet, Inc. for injury, loss or damage arising out of my or my family’s use of any product sold by Opticsplanet, Inc..
4. I agree to follow the instructions explicitly for use and or assembly of the Flamethrower according to the exact specifications and protocol. Customer understand that products sold by Opticsplanet, Inc. are for commercial use only and to be used by professionals. And further, Customer understand and agree that Opticsplanet, Inc. assumes no liability whatsoever, for any deviation, whether intentional or unintentional or by any error in the modification or assemblage of the final product, and its outcome is the sole liability of myself, the purchaser/end-user.
5. I agree to indemnify and defend Opticsplanet, Inc. against all claims, causes of actions, damage, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of any product purchased by me through Opticsplanet, Inc.
6. I agree to be solely liable and to hold harmless and to indemnify Opticsplanet, Inc. for any negligent, reckless, or willful actions, including but not limited to any criminal act and/or violation of any local, state, or federal laws for which Customer am solely responsible for the knowledge and compliance of said laws.
7. I agree to indemnify and hold harmless any failure on my (the consumer/purchasers) part for any violation of any state, local or federal laws, whether such violation results in any damages, either bodily injury up to and including death, or physical, personal or real property damages of any kind or not.
8. Any legal or equitable claim that may arise from the participation in, usage of, or activity engaged relative to the use of any product purchased by me through Opticsplanet, Inc. shall be resolved under Ohio law.

Manner of Consent

THIS IS A LIMITED LIABILITY DISCLAIMER PROTECTING THE SELLING PARTY FROM NEGLIGENCE AND/OR POTENTIAL CRIMINAL ACTS ON THE PART OF THE END-USER. YOU MAY STILL HAVE CERTAIN RIGHTS AND PROTECTIONS UNDER THE CONSTITTUTION OF THE UNITED STATES OF AMERICA. CHECK YOUR LOCAL STATE AND FEDERAL LAWS FOR ALL APPLICABLE RIGHTS AND PROTECTIONS.

CUSTOMER HAS READ THIS DOCUMENT AND UNDERSTANDS IT. CUSTOMER FURTHER UNDERSTANDS THAT THE PURCHASE OF AND/OR SALE OF ANY PRODUCT FROM OR BY OPTICSPLANET, INC. IS CONTINGENT UPON THE ACCEPTANCE AND SIGNING OF A DISCLAIMER AND RELEASE OF LIABILITY.

CUSTOMER UNDERSTANDS THAT BY PLACING AN ORDER AND SUBMITTING PAYMENT THEY HAVE INFACT READ AND AGREED TO THIS RELEASE OF LIABILITY AND GENERAL DISCLAIMER AND THAT: MY ORDER AND PAYMENT CONSTITUTE MY SIGNATURE AND ACCEPTANCE OF THIS LEGAL DOCUMENT.