Consumer Release and Liability Waiver
This Consumer Release and Liability Waiver is made by “Consumer”, in connection with completing the purchase of certain wheels, “Wheels”, from Wheel Pros, LLC, a Delaware limited liability company (“Wheel Pros”).
- “Intended Use” is defined as follows: Wheel Pros produces certain types of wheels for certain types of vehicles and provides compatibility information on its website, wheelpros.com. Wheel Pros authorized sellers also provide the compatibility information on their platforms, while also providing customer support personnel should there be additional questions. In addition to providing this information, Wheel Pros authorized sellers allow consumers using their respective web portals, should the consumer choose, to select a specific type of vehicle, to which a list is automatically populated of compatible wheels for a given vehicle type. Consumers are not required to offer proof of vehicle type prior to purchase. Wheel Pros designs, manufactures, and sells wheels for their Intended Use only.
- Acknowledgement: Consumer hereby acknowledges that Consumer has read all compatibility information and fully understands the Intended Use of the Wheels. Consumer understands the Wheels Consumer is purchasing are not proper for all types of vehicles. Consumer is relying entirely on Consumer’s own knowledge of whether the Wheels will fit Consumer’s vehicle or Consumer’s Intended Use.
- Warranty: Consumer understands and hereby warrants Consumer will only use the Wheels for their Intended Use on compatible vehicles. Consumer understands failure to use Wheels for their Intended Use could result in a risk of serious injury or death to Consumer and others.
- I Assume Risk Of Injury If I Use Wheels For Any Purpose Other Than Their Intended Use. I understand and accept that any use of the Wheels outside their Intended Use is dangerous and may result in SERIOUS BODILY INJURY, illness, disability, emotional trauma, damage to property and DEATH (“Injuries”) to myself and others. I expressly and voluntarily assume full responsibility for these risks, from any cause including, without limitation, negligence, gross negligence, equipment malfunction, failure to supervise and failure to warn of potential risks.
- Liability Waiver, Release, Promise Not to Sue. I, on behalf of myself and each of my successors, heirs and assigns, unconditionally and irrevocably waive liability, release, promise never to sue forever discharge and relinquish any and all rights, claims, demands, suits, actions, losses, damages, costs and expenses, including attorneys’ fees and costs (collectively, “Claims”), that I may incur or have against Wheel Pros, its affiliates, each of their respective owners, officers, shareholders, directors, employees and agents (“Released Parties”), arising from or related to any use other than the Wheels’ Intended Use whether based on tort (including, without limitation, acts of negligence and gross negligence), contract or any other theory of recovery in law or equity, whether for compensatory or punitive damages, equitable relief or otherwise, and whether now known or unknown, suspected or unsuspected (all of the foregoing shall be collectively referred to as the “Released Claims”).
- Waiver of Unknown Claims. I expressly waive whatever benefits I may have under Section 1542 of the California Civil code (and any equivalent applicable law of the State in which this document is signed) which provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..”
- Indemnity. On behalf of myself and each of my successors, heirs, and assigns, I agree to defend (at Wheel Pros’ request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims, and any and all third parties’ Claims, arising from or in connection with: (a) any breach or alleged breach of this Release; (b) my use of the Wheels outside of their Intended Use, including, without limitation: (i) any Injuries to me; (ii) any Injuries to third parties directly or indirectly arising from my conduct; and (iii) and any other loss or damage directly or indirectly caused to any real or personal property.
- California Law Applies. This Release shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to the principles of conflicts or choice of laws.
- Arbitration. I unconditionally and irrevocably agree on behalf of myself and each of my successors, heirs, and assigns that, all disputes arising out of or relating to this Release or to the Claims, including without limitation, all claims based in contract or tort, shall be submitted to arbitration and resolved by a single arbitrator (who shall be a retired judge) in accordance with the Commercial Arbitration Rules of the Judicate West Arbitration and Mediation Services, Inc. (“JUDICATE”) then in effect. In addition, all questions regarding the arbitrability of the dispute, including whether I have agreed to arbitrate the dispute, shall be decided by such arbitration. All arbitration shall take place at the JUDICATE office located in or closest to Los Angeles, CA. I irrevocably and unconditionally consent to personal jurisdiction in California and venue in Los Angeles County, in any action, including without limitation, petitions to compel arbitration and to enforce that arbitration award, concerning a dispute between the parties or relating to this Release. Judgment on the arbitrator's award shall be final and binding and may be entered in any competent court.
- Severability. This Release will be binding to the fullest extent permitted by law, and will be binding upon each of my heirs, successors and assigns. If any provision of this Release is held to be invalid, illegal or unenforceable, such provision will be curtailed and limited only to the minimum extent necessary to comply with applicable law while as closely as possible expressing the original intent of the parties, and the validity, legality, and enforceability of the remaining provisions of this Release will not in any way be affected or impaired thereby.
I ACKNOWLEDGE AND UNDERSTAND THAT THIS RELEASE IS AN IMPORTANT LEGAL DOCUMENT, AND BY PURCHASING FROM THIS WEBSITE I AM WAIVING SUBSTANTIAL LEGAL RIGHTS I MAY OTHERWISE HAVE TO RECOVER DAMAGES FOR INJURIES OR LOSSES, AND SIGN IT VOLUNTARILY AND WITHOUT INDUCEMENT OF ANY NATURE AND INTEND FOR IT TO BE ENFORCED TO THE GREATEST EXTENT ALLOWED BY LAW.