Terms of service

Assumption of Risk and Liability Waiver

I understand that my Denbor desk is a mechanical device that may present a risk of property damage, serious injury, disability, and possibly death (collectively, “Harm”), to myself and others, whether from defects or errors in design, manufacturing, transport, assembly, or use (“Risks”).  Nevertheless, I knowingly and voluntarily purchase and, as applicable, assemble and use my Denbor desk, expressly understanding, accepting, and assuming these Risks and any potentially resulting or relating Harm, whether attributable to Denbor, any of its employees, principals, members, managers, shareholders, officers, directors, affiliates, agents, successors, or assigns (collectively, “Denbor”), all to the fullest extent permitted by law.

To the fullest extent permitted by law, on behalf of myself and all members of my family and my invitees and guests, I expressly waive and release all claims, now known or hereafter discovered, against Denbor, for and relating to Harm arising out of or relating to my Denbor desk, including the Risks. I covenant to not make or bring any claim against Denbor, andI  forever release and discharge Denbor from liability for, or related to, such claims.

I understand that my Denbor desk is purchased “as is” and that Denbor does not expressly or implicitly warranty my Denbor desk, including as to merchantability or fitness for any particular purpose or use. I further understand that my modification or not following any direction or advisement in the assembly or use of my Denbor desk voids any warranty, whether express, implied, at law, or in equity.

This Waiver constitutes all terms relating to its subject matter. Any prior or contemporaneous understandings, agreements, representations, and warranties, whether written and oral, relating to its subject matter are void. If any term of this Waiver is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions will remain in effect. This Waiver is binding on and shall inure to Denbor’s benefit and to me and my heirs, beneficiaries, and personal representatives. This Waiver and all matters arising from it shall be governed by and construed under the laws of the State of Ohio without regard to conflict of law principles. Any claim may be brought only in the federal or state courts located in Cuyahoga County, Ohio, and I consent to venue in, and the exclusive jurisdiction of, such courts.

 

BY PURCHASING A DENBOR DESK, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE RIGHT TO SUE THE COMPANY.