By using the iFIT transtibal prosthesis you also agree that in no event shall iFIT
be responsible for any direct, indirect, consequential, incidental or special losses,
damages or liabilities, including without limitation medical expenses, lost wages
and lost profits, arising out of any such risks, and you waive, release and agree
not to hold iFIT responsible for any and all such losses, damages or liabilities. If,
notwithstanding the foregoing, iFIT is determined by any court of law with jurisdic-
tion to be liable for any such damages, regardless of whether such liability arises in
contract, tort (including, without limitation, negligence or strict liability) or otherwise,
by using the iFIT transtibal prosthesis you further agree that the amount of the loss-
es, damages or liabilities shall in no event exceed the amount paid by you for the
prosthesis. By using the iFIT transtibal prosthesis, you waive, release and agree
not to hold iFIT responsible for any and all losses, damages or liabilities in excess
of that amount.
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Legal disclaimer:
iFIT warranties that the iFIT transtibal prosthesis sold to you will be free from man-
ufacturing defects for a period of one (1) year from your purchase of the prosthesis
provided you have fully complied with all use and care instructions contained in
this user guide. Parts covered under the warranty include the sockets, buckles and
locks. Cables and inner liners are not included in the warranty. Any iFIT transtib-
ial prosthesis which you allege to be defective (including any sockets, buckles or
locks you allege to be defective), despite your full compliance with all such use and
care instructions, may be returned by you to the prosthetist who sold the prosthesis
to you within one (1) year of your purchase of the prosthesis. Upon timely return
of such prosthesis (or sockets, buckles or locks, as applicable), and provided iFIT
confirms that the prosthesis (or sockets, buckles or locks, as applicable) included
a manufacturing defect (and that any defect was not due to your failure to comply
with all such use and care instructions), iFIT shall repair or replace the prosthesis
(or sockets, buckles or locks, as applicable). By using the iFIT transtibal prosthesis,
you agree that the foregoing repair or replacement obligation is the only obligation
iFIT has to you relating to any defective prosthesis (including sockets, buckles or
locks), and that this limited warranty and obligation is in lieu of all other warranties
or obligations, express or implied, oral or written, including the implied warranties
of merchantability and fitness for a particular purpose, all of which are hereby
waived. By using the iFIT transtibal prosthesis you also agree that other than iFIT’s
repair or replacement obligation set forth herein, in no event shall iFIT be respon-
sible for any direct, indirect, consequential, incidental or special losses, damages
or liabilities, including without limitation medical expenses, lost wages and lost
profits, arising out of any such manufacturing defect and you waive, release and
agree not to hold iFIT responsible for any and all such losses, damages or liabili-
ties. If, notwithstanding the foregoing, iFIT is determined by any court of law with
jurisdiction to be liable for any such damages, regardless of whether such liability
arises in contract, tort (including, without limitation, negligence or strict liability) or
otherwise, by using the iFIT transtibal prosthesis you further agree that the amount
of the losses, damages or liabilities shall in no event exceed the amount paid by
you for the prosthesis. By using the iFIT transtibal prosthesis, you waive, release
and agree not to hold iFIT responsible for any and all losses, damages or liabilities
in excess of that amount.
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