In exchange for participation in the activity and use of any product built by the downloader (You, the end-user) through the use of the instructions, information, and illustrations (“Plans”) published by Harb Ski Systems, Inc., I agree for myself and (if applicable) for any members of my family, to the following:
1. I agree to observe all posted or published rules and warnings relative to the use, application or construction of the DIY Harb Carver.
2. I agree to indemnify and hold harmless any failure on my (the downloader/end-user's) part for any violation of any state or local laws, whether such violation results in any damages, either bodily injury up to and including death, or physical, personal or real property damage of any kind or not.
3. I recognize that there are certain inherent risks associated with the use of the DIY Harb Carver, and I (the end-user) assume full responsibility for personal injury to myself or anyone else, and further release and discharge Harb Ski Systems, Inc., for injury, loss or damage arising out of my or my family's use of an product built or assembled through the use of any Plans provided by Harb Ski Systems, Inc.
4. I agree to indemnify and defend Harb Ski Systems, Inc., against all claims, causes of actions, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of any product assembled by me according to the Plans published by Harb Ski Systems, Inc.
5. Any legal or equitable claim that may arise from the participation in, usage of, or activity engages relative to the use of any product assembled by me according to the Plans published by Harb Ski Systems shall be resolved under Colorado law.
CONSENT TO ELECTRONIC COMMUNICATIONS
Manner of Consent
You acknowledge that by agreeing to the Consent to Electronic Communications through this website, you demonstrate that you can access information that we would provide to you by posting Electronic Communications on our website and that you are able to print or otherwise make copies of all communications on this website. By clicking the link indicating your agreement, you agree to the terms of communication and also acknowledge that you have actually seen and read this document and all related documents relative to the Release of Liability and General Disclaimer.
You may withdraw your consent to the Consent to Electronic Communications (electronic signature) by not clicking on the link indicating you agreement. However, you may not download or use any Plans from Harb Ski Systems. I further acknowledge and agree that by clicking the link and downloading the Plans, I have accepted the Consent to Electronic Communications and have thereby submitted my signature and that it is a legally binding document.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT THE DOWNLOAD OR USE OF ANY PLANS BY HARB SKI SYSTEMS, INC., IS CONTINGENT UPON THE ACCEPTANCE AND SIGNING OF THIS DISCLAIMER AND RELEASE OF LIABILITY.
I UNDERSTAND THAT BY CLICKING ON THE ACCEPTANCE LINK AND DOWNLOADING OR USING THE PLANS, I HAVE IN FACT READ AND AGREED TO THIS RELEASE OF LIABILITY AND GENERAL DISCLAIMER AND THAT: MY CLICK AND DOWNLOAD CONSTITUTE MY SIGNATURE AND ACCEPTANCE OF THIS LEGAL DOCUMENT.