Hold Harmless Agreement and Legal Disclaimers
Propel Imports LLC. DBA buylowpricescooters. Hold Harmless Agreement
You are responsible for the safe use of your purchased items. By purchasing and subsequently using a product offered for sale, you agree to hold harmless in the event of any injury sustained from the proper or improper use of any products purchased. By purchasing an item you agree that’s maximum amount of liability is equal to the purchase price and that you will not attempt to recover damages of any type from Propel Imports.
Legal Disclaimers, Terms, Policies & Conditions:
You understand that you have purchased a motor scooter from Propel Imports Llc.. If you buy, for personal use and/or for resale as a dealer, a Scooter(s), Motorcycle(s), or other product(s) offered for sale, you are a “Purchaser”. The use of the term ‘you’ or ‘your’ shall be interpreted to mean and have the same effect as Purchaser. and its websites, (hereinafter “Distributor”), expressly disclaims all warranties either expressed or implied warranty of merchantability or fitness for a particular purpose, except warranties described above. “Product” is defined as the Scooter(s), Motorcycle(s), Helmets, Accessories and other products sold by Propel Imports. (“Distributor”).
You as Purchaser agree to on behalf of yourself, your personal representatives, assigns, heirs, and next of kin you hereby release, discharge and covenant not to sue Distributor, its owners, directors, trustees, officers, members, volunteers, and employees (the “Releases”), from all liability, claims, losses or damages on your account arising out of activities associated with the purchase of the product(s). You further agree that if, despite this release and indemnity agreement, you or anyone on your behalf makes a claim against any of the Releases, you will indemnify, defend and hold harmless each of the Releases from any litigation expense, attorneys’ fees, loss, liability, damage or costs which also may incur as a result of such claim.
Warning: Scooter riding activities involve risks and dangers of serious bodily injury, including but not limited to: disability, paralysis and/or death. These risks and dangers may be caused by your own actions, or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be other risks, social and economic losses either known to you, not known to you or not readily foreseeable at this time. You fully accept and assume all such risks and all responsibility for losses, costs and damages incurred as a result of your participation in the scooter riding activity. You must inspect all equipment before using it and to take full responsibility for assuring that the equipment is in good working order and safe to use. You further understand that you are responsible for damage to equipment.
Agreement: By signing below, you constitute your understanding and acceptance of all of our policies and agree that they constitute a legally binding agreement. Any ambiguous language in this agreement shall be interpreted as to its fail meaning and not strictly for or against any party.
Such arbitration shall be conducted in De Pere, Wisconsin and governed by the then prevailing commercial arbitration rules of Wisconsin law, with the following exceptions if in conflict: decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court as a basis of judgment and of the issuance of execution for its collection. All speculative damages to either party shall not have the power to amend this agreement. The arbitrator shall be required to follow applicable law. [IF FOR ANY REASON THIS ARBITRATION CAUSE BECOMES NOT APPLICABLE THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES.] Any and all attorneys’ fees will be the responsibility of the non-prevailing party.
All claims or disputes must be filed within the jurisdiction of Brown County, Wisconsin.
Severability of Agreement: If any term or provision of this agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provisions shall be stricken from this agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this agreement. If any provision or part of this agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in terms to the stricken provision as is legally possible.