Frame My TV Limited Liability Statement
This Limited Liability Statement outlines the terms under which Frame My TV dot Com LLC (“the Manufacturer”) provides its products and limits its liability for damages or issues arising from installation, use, or misuse of the product. By purchasing and/or using this product, you (“the User”) agree to the following terms:
Safety Disclaimer
Safety Disclaimer: The Manufacturer provides detailed installation instructions to facilitate self-installation. Failure to adhere to these instructions or to use proper tools and safety measures may result in personal injury or property damage. The Manufacturer is not responsible for injuries resulting from:
1. Improper Installation
The Manufacturer is not liable for damages, injuries, or losses arising from improper installation of the product. Installation must be performed in strict accordance with the provided instructions. Any installation not completed in accordance with these instructions is undertaken at the User’s sole risk.
2. Misunderstanding of Instructions
The Manufacturer provides clear and detailed instructions to guide proper installation and use. The Manufacturer is not responsible for damages resulting from misunderstanding, negligence, or failure to adhere to these instructions. If clarification is required, the User must contact our support team before proceeding.
3. Inappropriate or Unauthorized Use
This product is designed for specific applications as outlined in the accompanying documentation. The Manufacturer disclaims liability for damages caused by:
4. Environmental Conditions
The Manufacturer is not liable for damage caused by environmental factors, such as exposure to moisture, extreme temperatures, or conditions exceeding the product’s recommended usage parameters. The User is responsible for ensuring the product is used in appropriate conditions. For detailed environmental requirements, please refer to the product documentation.
5. Exclusion of Indirect, Incidental, and Consequential Damages
Under no circumstances shall the Manufacturer be liable for:
6. Warranty Disclaimer
The Manufacturer expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, except as explicitly outlined in the product’s warranty documentation. This warranty disclaimer complies with the Magnuson-Moss Warranty Act. This product is sold with a limited warranty, the terms of which are detailed in the product's documentation. This limitation does not exclude or limit any statutory rights that cannot be lawfully excluded under applicable consumer protection laws.
7. Limitation of Liability
The Manufacturer’s total liability is strictly limited to the replacement of the product or refund of its purchase price at the Manufacturer’s discretion. No other remedies will be provided. This limitation does not apply to liability for personal injury or death caused by defects in the product where such liability cannot be excluded by law. Liability for personal injury or death applies only to proven manufacturing defects under relevant product liability laws. The Manufacturer is not liable for injuries resulting from improper use, negligence, or failure to follow instructions.
8. Safety Responsibility
It is the User’s responsibility to:
9. Indemnification Clause
The User agrees to indemnify and hold harmless the Manufacturer, its affiliates, and its employees from any claims, damages, or expenses (including legal fees) arising from:
10. Governing Law and Dispute Resolution
This Limited Liability Statement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any disputes arising under this agreement shall be resolved exclusively through binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Massachusetts, and the decision of the arbitrator shall be final and binding on all parties. The User agrees to resolve disputes individually and waives any right to participate in class actions, consolidated proceedings, or representative claims. The Manufacturer and User agree to share arbitration costs equally unless otherwise determined by the arbitrator.
11. Acknowledgment and Acceptance
By opening the product packaging or using the product, the User acknowledges and agrees to the terms and conditions of this Limited Liability Statement. Certain jurisdictions may not allow the exclusion of implied warranties. Where such exclusions are not permitted by law, this limitation of liability applies only to the maximum extent allowed by applicable law. It is the User’s responsibility to seek clarification or further information if required, by contacting Frame My TV dot Com LLC at [insert contact details].
12. Claims Procedure
Any claims related to personal injury or product liability must be submitted in writing to Frame My TV dot Com LLC within 30 days of the incident. Claims must include:
13. Unforeseen Scenarios
While the Manufacturer has made every effort to provide comprehensive installation and usage instructions, it is possible that unique scenarios or conditions may not be covered. The Manufacturer is not liable for damages or issues arising from circumstances not explicitly addressed in the provided documentation. Users are encouraged to contact the Manufacturer if they encounter unexpected situations during installation or use.
14. High-Risk Use Disclaimer
This product is not designed for use in high-risk environments where failure could lead to catastrophic consequences, including but not limited to critical infrastructure or hazardous material facilities. Use in such environments is strictly at the User’s risk.