Participation in the use of the X-ZACK SWING TRAINER, or any other products made by The X-Zack Thing, LLC is at your own risk. Consult with your personal physician before using the X-ZACK SWING TRAINER as with any exercise program. Read, understand, and follow all specific warnings and instructions about the X-ZACK SWING TRAINER in the product literature or inserts before using the product. Save all documents for reference. Refer to instructional videos on the website for additional tips.
Assumption of the Risk
By buying, using, providing, or allowing the use of The X-Zack Thing, LLC’s products, you understand and agree that YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of The X-Zack Thing, LLC including but not limited to equipment malfunction from whatever cause, or any other fault of The X-Zack Thing, LLC. Additionally, you agree to indemnify, defend and hold The X-Zack Thing, LLC harmless from any third party claims arising from such activities or any other The X-Zack Thing, LLC product.
Duty of Coaches, Trainers, Gyms to inform others of these Terms and Conditions
Before you allow others to use The X-Zack Thing, LLC product you agree that (a) you will require that they (or their legal guardian if they are minors) read, understand, and agree to these Terms and Conditions of Sale or Use, (b) you believe they (or their guardian) understand that they are participating in an exercise activity and assume the risk of personal injury that may occur (as with all exercise regimen), and (c) you agree to indemnify, defend, and hold The X-Zack Thing, LLC harmless from any claims made by them arising from their use of The X-Zack Thing, LLC products.
Limited Replacement Warranty
The X-Zack Thing, LLC warrants its products to be free from defects in materials and workmanship for a period of 120 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. The X-Zack Thing, LLC’s sole liability is limited to repairing or replacing products that are returned (at the cost of the buyer) within this 120-day period, unless specific product literature specifies otherwise.
THE ABOVE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF THE X-ZACK THING, LLC. THE X-ZACK THING, LLC NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITES, CATALOGS, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ITS RETAIL SHOWROOM OR TOURNAMENTS. THE ABOVE LIMITED WARRANTIES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE. THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
Limitation of Liability
As set forth above under the limited warranty provisions, The X-Zack Thing, LLC’s liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall The X-Zack Thing, LLC’s liability exceed the value of the products sold. The X-Zack Thing, LLC shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments. Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.
Use and misuse of products sold through The X-Zack Thing, LLC’s websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. The X-Zack Thing, LLC cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through The X-Zack Thing, LLC’s websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments.
Inspect Before each Use
This product must be inspected for use to ensure it has not damaged in shipment. If damaged, do not use and immediately return the product to The X-Zack Thing, LLC for a replacement.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. The X-Zack Thing, LLC reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Applicable Law and Resolution of Disputes
Your order from The X-Zack Thing, LLC shall be interpreted and construed in accordance with laws of the State of Georgia without regard to its choice of law principles. You agree that any dispute or claim arising out of or in connection with your order or its subject matter or formation (including non-contractual disputes or claims), shall be brought exclusively in the federal or state courts located in Georgia and for this purpose you hereby submit to the exclusive jurisdiction and venue of such courts. Any cause of action or claim you may have with respect to the purchase of The X-Zack Thing, LLC products or any other claim related to the use of products sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments, must be commenced within one (1) year after the claim or cause of action arises. The X-Zack Thing, LLC’s failure to enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.