Clampster, LLC (“Clampster”) offers its products with the terms, conditions and notices included herein. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of Clampter products indicates your agreement to these terms. If you do not wish to agree to these terms, please return the products in accordance with the Returns and Refunds policy provided on www.TheClampster.com.
Clampster products are offered to you conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein.
Clampster products are designed for a variety of uses; but were neither designed nor manufactured for lethal or illegal purposes. This product may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of its use.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, software, products or services obtained, from Clampster’s website or its products.
Limited Replacement Warranty
Clampster products are warranted against any manufactured defect for a period of twelve months from date of purchase. All other warranties, both express and implied, are disclaimed by Clampster and do not apply.
Assumption of Risk and Indemnification
By buying, using, or allowing the use of Clampster’s products, you understand and agree that (i) they are vertically oriented and, if not attached to a ceiling or a wall, can tip over if pulled or excessively hit or bumped, (ii) the Clampster clamp clip requires use of a lever to lock it and any accessories in place, and, without proper use – instructions are provided at https://theclampster.com/pages/clampster-assembly, there is a chance of pinching hands, fingers, or other body parts therein and, (iii) to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE USING CLAMPSTER PRODUCTS WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF CLAMPSTER INCLUDING BUT NOT LIMITED TO PRODUCT MALFUNCTION FROM WAHTEVER CAUSE OR ANY OTHER FAULT OF CLAMPSTER AND YOU TAKE PERSONAL RESPONSIBILITY FOR THE SAME. ADDITIONALLY, YOU AGREE TO the extent allowed by law, to indemnify and covenant to hold harmless and defend Clampster from any and all charges, passive and active negligence, claims, debts, disputes, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by Clampster negligence or otherwise, that arise out of or relate in any way to your use of Clampster Products, or based on or arising out of any breach of any agreement associated with Clampster’s product(s) or website, your covenants, representations or warranties, and any claims for costs, expenses and attorney/expert fees associated therewith.
Modification of Clampster Products, through their use or misuse can lead to product malfunction causing serious risk. Risks include but are not limited to product tipping, damage of surrounding area, serious physical injury, disability and/or death. You are responsible for any modifications you perform on your or anyone else’s Clampster products. Clampster is not responsible and will not be held liable for any modifications done to Clampster products, through the use or misuse of products, even if the modifications include but are not limited to, bypassing or eliminating product balancing and support features or securing Clampster products in place with non Clampster approved products.
Limitation Of Liability
As set forth above under the limited warranty provisions, Clampster’s liability is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall Clampster’s liability exceed the value of the product(s) sold. In no event shall Clampster be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products.
Use and misuse of products sold by Clampster involves serious risks including injury, disability and death. Purchasers assume all risks.
Inspect Before Use
Clampster products must be inspected for use to ensure it/they have not been damaged in shipment. If damaged, do not use and immediately return the product to Clampster for a replacement.
Applicable Law/Covenant Not to Sue/Class Action Waiver
Your order from Clampster, and this disclaimer statement are governed by the laws of the State of Ohio. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts in Franklin County, Ohio in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You covenant not to sue Clampster on account of any and all charges, claims, debts, disputes, demands, suits, causes of action, rights of action, dues, sums of money, accounts, liabilities, losses, expenses and damages, absolute or contingent, known or unknown, whether or not asserted, threatened, alleged or litigated, now existing or arising in the future, at law or equity, whether caused by the negligence of Clampster or otherwise, that arise out of or relate to your use of Clampster product(s), and any claims for costs, expenses and attorney fees associated therewith. You also hereby agree to waive any right to commence, or be a party to, any class, collective or representative action or to bring jointly or collectively any claim related to Clampster products.
The PRODUCT LIABILITY DISCLAIMER document states the entire obligation of Clampster with respect to its products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to the warranty disclaimers, liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
Modification of Terms and Conditions
Clampster reserves the right to change the terms, conditions, and notices under which its products are offered at any time.