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1. Language to be inserted into Terms of Use:
Disclaimer of Warranties and Customer Assumption of Risk. REVERE DEFENSE LLC (“REVERE”) MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO ITS PRODUCTS AND IS IN LIEU OF ANY WARRANTIES OTHERWISE IMPLIED BY LAW (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OTHERWISE IMPLIED BY LAW BY REVERE’S COMPONENT SUPPLIERS). REVERE HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT BY ITS ACCEPTANCE OF DELIVERY OF ANY REVERE PRODUCT, CUSTOMER FREELY AND VOLUNTARILY ASSUMES ALL INTENDED AND UNINTENDED RISKS RELATED TO OR ARISING FROM OWNERSHIP, POSSESSION, USE, STORAGE, OR HANDLING OF ANY REVERE PRODUCT, AND CUSTOMER UNDERSTANDS THAT SUCH RISKS COULD RESULT IN DAMAGE TO PERSONAL PROPERTY AND/OR SEVERE PERSONAL INJURY, EVEN DEATH, TO CUSTOMER AND OTHERS.
Limitation of Liability. IN NO EVENT SHALL REVERE BE LIABLE TO ANY CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY. IN NO EVENT SHALL REVERE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO REVERE PURSUANT TO THIS AGREEMENT IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Release from Liability. Customer, on behalf of itself, its officers, employees, representatives, shareholders, members, managers, representatives, assigns, subsidiaries, affiliates, and parent company(ies), hereby voluntarily releases, discharges, waives, and forever relinquishes any and all claims, actions, or causes of action, whether in law or in equity, against Revere, and its officers, employees, representatives, shareholders, members, managers, representatives, assigns, subsidiaries, affiliates and parent company(ies), arising from, related to, or in any way connected to or with any Revere product.
2. Disclaimer to be incorporated into the website (and/or other documents):
By accepting delivery of the Revere Defense Biometric Holster product, you acknowledge and agree to the following:
ALL FIREARMS ARE DANGEROUS. The decision to carry a firearm, for any use or purpose, is a great responsibility and carries with it a certain amount of risk of serious injury or death. YOU ARE RESPONSIBLE FOR GUN SAFETY AND GUN RETENTION. Keep guns out of reach of children and anyone that should not have access to one. LOCK UP all guns when you are not using them. NEVER handle any gun unless you have passed an appropriate, accredited firearm safety course, and know how to safely handle the gun. Because REVERE DEFENSE LLC (“REVERE”) has no control over how its holsters and other products will be used, or by whom they will be used after purchase, REVERE disclaims any and all liability for incidental or consequential damages to persons or property resulting from use of REVERE products.
Make sure you have the right holster for your gun. Use of the wrong holster can cause your gun to negligently discharge, which can lead to serious injury or death. It is your responsibility to personally check for holster compatibility with your gun before using any holster. Before you use any REVERE holster, make sure it is the right model for your gun. Although REVERE attempts to provide accurate holster sizing and holster “fits” information, gun manufacturers sometimes change a gun’s specifications without changing the model number or name. REVERE therefore disclaims any responsibility or liability for the sizing information REVERE provides.
YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR GUN AND HOLSTER ARE COMPATIBLE. Upon receipt of and before use of your REVERE holster, it is your responsibility to USE AN UNLOADED GUN to check your holster for proper fit and function. Ensure that you can easily fasten and unfasten any strap, snap, or other retention device on your holster if it is so equipped. Ensure that any retention or locking device on the holster works properly with your gun. If the holster interferes in any way with the safety features, the trigger, the control buttons or levers, the sights, the magazine release button, the cylinder latch, or any other part of the gun, DO NOT USE THE HOLSTER
DO NOT MODIFY any REVERE holster in any way to make a gun fit. If the gun does not fit the holster properly, DO NOT USE THE HOLSTER. If you suspect any problem with your REVERE holster, or if you are not sure your REVERE holster is working properly, contact our customer service department (customer service contact information)
REVERE holsters are for use WITH STANDARD FACTORY MODEL GUNS ONLY. At no time should any gun other than the make and model of the gun for which the REVERE holster is made be used with a REVERE holster. Any attachments, changes or modifications to the frame or external dimensions your gun (including but not limited to: grip adapters, modified aftermarket triggers, trigger shoes, extended or modified hammer spurs, extra-long safety levers, target-type thumb-rest grips, extended side releases, laser sights or special trigger pulls) can make use of your REVERE holster unsafe and increase the risk of a negligent discharge.
REVERE takes pride in designing and manufacturing high quality products. Nevertheless, any manufactured product will wear out in time or could become damaged through use. It is therefore your responsibility to check the product for proper fit and function before each use. Should any REVERE product become worn, loose, ill-fitting, or defective, CEASE USE IMMEDIATELY.
Always holster in a slow, careful and deliberate manner with all safeties engaged. Always make sure that your gun is fully seated in the holster. NEVER put your finger on the trigger when you holster or draw your gun. NEVER try to cock a handgun while it is in the holster. When holstering your gun, keep your fingers, clothing and any other foreign objects away from the trigger guard and out of the holster. Failure to take proper care when holstering can result in a negligent discharge while holstering the gun, while moving when wearing the holstered gun, or while drawing the gun. Be sure that all aspects and parts of the holster and hardware are working properly before you holster your gun.
Not all WEAPON carry methods are appropriate for all shooters. Before you wear any holster, seek advice from an accredited, reputable, certified instructor regarding the proper placement of your holster. Such proper placement is dependent upon but not limited to your level of experience, your intended use, and your body type. You alone are responsible for the choices that you make selecting a method of carry and for the holster’s placement and any inherent risks or consequences associated with your choice.
NEVER carry a gun with the hammer or firing pin in the rearward or full-cock position and the safety lever or button in the “off” or “fire” position. NEVER carry a gun with a round under the hammer, with a round in line with the firing pin, “cocked and locked,” or in a ready-to-fire condition, UNLESS you are certified to safely carry it this way in your holster AND the maker of the gun states that you can safely carry it this way. Carrying a gun in any of these conditions increases the risk of unintended discharge. You assume all risks for any and all consequences from your choice of the manner in which you carry your gun.
Ensure that your holster is properly attached to a quality belt designed specifically to carry and support the holster, or that your holster is properly affixed to a legitimate carry platform. While wearing the holster, frequently check the soundness of the holster body and security of the mount to ensure that there are no worn or broken parts or attachment points. Also frequently inspect retention systems and any related components such as loops, clips and screws. Any man-made item can break or fail under stress or wear over time. It is your responsibility continually check the functionality of your gear and to keep track of your weapon.
NO ONE CAN MAKE A HOLSTER SECURE ENOUGH TO COMPLETELY PREVENT ACCIDENTAL LOSS OF THE GUN OR FIRING OF THE GUN, INCLUDING DURING PHYSICAL ACTIVITY. You must keep one hand on the gun and holster during vigorous physical activity such as running, jumping, climbing, or tumbling. DO NOT RELY ON THE HOLSTER TO ENSURE THAT YOU DO NOT LOSE YOUR GUN OR ENGAGE ITS FIRING CAPABILITIES.
REVERE makes no representations and disclaims any responsibility, expressed or implied, with respect to the manner or consequences of product use. The implied warranties of merchantability and fitness for a particular purpose and all other warranties, expressed or implied, are excluded from this transaction and shall not apply to the product purchased. Upon purchase of any REVERE product, the purchaser or user assumes all risks as to the performance of the product. If the product is purchased for a specific use, the buyer or user, and not REVERE, is solely responsible for the determination of the fitness of suitability of the product for such use. The purchaser or user assumes all responsibility to use purchased products in a safe manner and in accordance with the manufacturer’s instructions. All instructions and warnings should be read and understood by the purchaser or user before using any REVERE product. Because REVERE cannot control the use of our products, all REVERE products are sold “as is” and “with all faults.”
