PLEASE READ THIS CAREFULLY BEFORE USING THIS PRODUCT. BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
The Find’em Scent Kit, when used correctly, is designed to assist users in obtaining a minimally contaminated scent article for use by a K-9 search team. It has been developed based on experience in search and rescue and not based on any particular scientific study. You understand that scent tracking is an unpredictable search and rescue method. The available information regarding the collection and storage of scent articles is new and developing. No scent article can be completely uncontaminated. Due to a plethora of variables surrounding a person’s disappearance, Find’em cannot guarantee that the use of a Find’em Scent Kit will result in a person being found alive or dead. Due to the variables involved in the collection of scent on a particular article, Find’em cannot guarantee the amount of scent, if any, any particular user will collect.
This product and its instructions have not been tested by any third party. It is only intended to assist in the collection and storage of scent articles for the tracking of human subjects by a K-9 search team. FIND’EM DOES NOT GUARANTEE THAT THE USE OF THE FIND’EM SCENT KIT WILL RESULT IN A PERSON BEING FOUND ALIVE OR DEAD. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PRODUCT, ITS QUALITY AND PERFORMANCE. THIS PRODUCT IS PROVIDED “AS IS” AND FIND’EM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). SHOULD THIS PRODUCT PROVE DEFECTIVE FOLLOWING PURCHASE, THE BUYER AND NOT THE MANUFACTURER, DISTRIBUTOR, OR RETAILER ASSUMES THE ENTIRE COST OF REPAIR. FIND’EM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE FAILURE OF ANY K-9 SEARCH TEAM TO LOCATE ANY INDIVIDUAL AND/OR THE FAILURE OF ANY PURCHASER TO OBTAIN A USABLE SCENT ARTICLE.
IN NO EVENT WILL FIND’EM BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF THIS PRODUCT. IN NO EVENT WILL THE SELLER’S LIABILITY EXCEED THE PRICE THE BUYER PAID TO THE SELLER FOR THE SPECIFIC GOODS PROVIDED BY THE SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Find’em, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person.
Any cause of action or claim you may have with respect to this product must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Find’em’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nortrade practice shall act to modify any provision of this Agreement. Find’em may assign its rights and duties under this Agreement to any party at any time without notice to you.
The laws of the State of California (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement.
A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of the State of California sitting in Riverside County. Each party to this agreement consents to the exclusive jurisdiction of the courts of the State of California sitting in Riverside County and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.
Any rights not expressly granted herein are reserved.