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Waiver, Disclaimers and Indemnity
By purchasing this or any other product from Mr. Yellow Cap or their affiliates (collectively known as "Seller"), no matter which venue or location the sale is consummated, you ("Purchaser") represent that you are of legal age (18 years or older), to use this item, enter into this agreement, and become bound by it's terms. There are inherent risks involved in using any product, even while using protective equipment (which Purchaser is responsible to investigate and obtain), including but not limited to: serious physical injury, and possibly death. Purchaser waives all liability of Seller and claims against Seller for damages, losses, costs, injuries, penalties, expenses, attorney's fees and liabilities of whatever nature whether in tort, contract, warranty or strict liability, including without limitation those resulting from injuries or deaths of persons and damages to property resulting from, or arising out of or in connection with the use of this item, loss or liability resulting from negligence, operational deficiencies or failures, acts of God, or other causes (whether such causes are avoidable or not) caused in whole or in part, directly or indirectly by Purchaser, Seller's employees, representatives, agents or third parties (collectively, "specified claims"). Under no circumstances is Seller responsible for special, indirect, incidental or consequential damages, even if Purchaser has been advised of their possible existence. Purchaser agrees to indemnify, defend and hold Seller harmless from and against any and all specified claims. Seller hereby disclaims all claims, expressed and implied, with respect to this item, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or that the item is free from latent defects. Purchaser has had the opportunity to contact Seller to ask any questions regarding this item prior to purchase. Item is sold in its current (new) and "as is" condition as described under the description of this sale. Purchaser knowingly and freely assumes all risks of ownership and use, known and unknown. If Purchaser loans, re-sells, gifts, or transfers the item, Purchaser will obtain transferees agreement of all the terms contained herein. Should any legal cause of action arise, the Buyer agrees to defend Seller, and hold harmless and forever release the Seller, from any and all legal liability. Buyer also agrees to hold Seller harmless from any violations of any Federal, State and local regulations by purchase and or use of any of these products.
Due to possible variations in spout sizes (variety of reasons), Mr. Yellow Cap cannot insure a spill-proof fit. The Mr. Yellow Cap was designed only to keep dirt and debris out of your can, with minimal control of vapor emissions.
PURCHASER WARRANTS THAT THEY HAVE READ, UNDERSTOOD, AND ACKNOWLEDGE THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY THIS AGREEMENT, AND AGREE TO THESE TERMS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
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