Customer Waiver — Read Carefully
Important Notice
By downloading any files from Outpost 3D, you acknowledge that you have read, understood, and agree to be bound by this Waiver and Release of Liability. Please read all sections carefully.
> READ CAREFULLY: This Contract includes a limitation of liability and a limitation of remedies.
THIS WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT (the "Agreement") is executed by the person signing below (the "Customer") and 3D RESILIENCE LABS LLC D/B/A OUTPOST 3D ("Released Party") on the date indicated below.
WHEREAS, Customer has purchased, rented, licensed, or otherwise obtained templates or other materials related to 3D printing from Released Party, and
WHEREAS, the Released Party provides access to these materials but does not and cannot oversee or monitor their applications by Customer, and
WHEREAS, Customer desires to exempt and relieve the Released Party from incidental damage to the Customer's property and from personal injury or death caused by implementation of the provided templates or other materials not as a result of any negligence on behalf of the Released Party, and
WHEREAS, Customer understands that nothing in this Agreement serves in any way to modify, lessen, remove, or cancel any other limitation of liability or remedies entered into between Customer and Released Party.
I understand and acknowledge that there is a risk of personal injury, death, and incidental damage to property, both from known risk and unanticipated risk, when products from Released Party are used to program 3D printers or other equipment. In addition, I acknowledge that Released Party does not oversee my application of its products and cannot anticipate the results of misapplication or misuse of its products or the objects or devices created employing its products. I willingly, voluntarily, and in reliance, not upon any statement or action of the Released Party, but upon my own judgment, assume all risk of personal injury, death, or incidental damage to property from any cause whatsoever unless directly attributable to the negligence of the Released Party. I fully understand and acknowledge that there is no way to eliminate these risks based on the nature of the products provided. The Released Party shall be in no way responsible for personal injury, death, or incidental damage to property arising from use or misuse of the products not directly caused due to the negligence of the Released Party or its agents, employees, servants, or members. I assume full responsibility as indicated by my electronic acknowledgement of the terms of this Agreement.
I hereby release, discharge, waive, covenant not to sue, and relinquish any and all actions or causes of actions for personal injury, death, or incidental damage to my person, my property, any other party's person, or any other party's property, wherever or however the same may occur and for whatever period use of Released Party's products may continue, and I do, for myself and my estate, agree that under no circumstances will my heirs, executors, administrators, and assigns prosecute, present any claim for incidental property or personal damage against the Released Party, or any of their directors, officers, agents, servants, or employees for any of said causes of action, whether the same shall arise by the negligence of any of said Released Party or otherwise. IT IS THE INTENTION OF CUSTOMER TO, BY THIS INSTRUMENT, EXEMPT AND RELIEVE THE RELEASED PARTY LISTED ABOVE FROM LIABILITY FOR INCIDENTAL PROPERTY DAMAGE AND PERSONAL INJURY OR DEATH.
a. Prohibition on Illegal Uses: Customer shall not and is strictly prohibited from using the services, designs, or any other product provided by the Released Party for any use in violation of International, Federal, State, or Local law or any other law, code, or ordinance. Customer is strictly prohibited from using the Released Party's products, services, or resources to manufacture, produce, design, or create any firearm, dangerous device, any object or item that is unreasonably dangerous, or any object or item that is illegal pursuant to International, Federal, State, or Local law or any other law, code, or ordinance. It is strictly the Customer's responsibility to ensure that his/her use of the services, designs, or any other work provided by the Released Party does not violate any law, statute, code, or ordinance.
b. Prohibition on Violation of Intellectual Property Rights: Customer shall not and is strictly prohibited from using the services provided by the Released Party in any activity or manner that violates the intellectual property rights of others. This includes the unauthorized distribution, reproduction, distribution, or modification of copyrighted material, trademarks, or patents. Additionally, Customer shall not and is strictly prohibited from engaging in fraudulent activities, including but not limited to misrepresenting the origin of 3D models or using the services, designs, or another work provided by the Released Party to deceive others or commit any unlawful or deceptive act.
c. Prohibition on Non-Designated Use: Customer is granted a limited, non-exclusive, non-transferable license to use the Released Party's designs strictly in accordance with the design or instruction provided by Released Party. Any deviation from the design or instruction is strictly prohibited. Customer shall not, under any circumstance, use the service or designs for any purpose other than as explicitly instructed by Released Party. Unauthorized use includes, but is not limited to, modification, reproduction, distribution, or any other form of exploitation of the design or service. Customer expressly acknowledges and agrees that any use of the Released Party's design or service outside of the strict adherence to the design or instructions may result in injury to person or property, including serious bodily injury or death. Customer assumes all risk associated with any non-conforming use of Released Party's services or design and agrees to release, hold harmless, and indemnify Released Party of any liability for injury to person or property pursuant to Sections 2 and 4 of this Agreement.
d. Violations of this Section: Released Party reserves the right to terminate or suspend a Customer's access to any service, design, or work of the Released Party without notice if Customer is found to be in violation of this Section. Released Party has the sole discretion to determine whether Customer is in violation of this Section. If Released Party determines Customer to be in violation of this Section, Released Party shall not be required to pay or reimburse Customer any amount. Released Party shall be entitled to keep the full amount paid or owing pursuant to any agreement between Released Party and Customer.
I AGREE, WITH A FULL UNDERSTANDING OF THE RISKS INVOLVED, TO RELIEVE, RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTY, AND ANY AND ALL MEMBERS, EMPLOYEES, OFFICERS, AND DIRECTORS OF ANY OF SAID INDIVIDUALS OR ENTITIES AND THEIR HEIRS, EXECUTORS, ADMINISTRATORS, SUBSEQUENT MEMBERS, AND ASSIGNS OF ANY AND ALL RESPONSIBILITY OR LIABILITIES TO ME FOR ANY OF THE RELEASED ACTIONS OR SERVICES IN SECTIONS 1, 2, 3 AND 5 AND FROM ANY AND ALL PERSONAL INJURY, DEATH, OR INCIDENTAL DAMAGE TO MYSELF OR ANY OTHER PARTY WHETHER KNOWN OR UNANTICIPATED.
Released Party may collect personal information from Customer, including but not limited to name, contact details (including but not limited to address, telephone number, and e-mail address), payment information, and purchase history. Released Party may use the collected information to process and fulfill orders, to improve customer service and support, to communicate with customers about promotions, orders, offers, and updates, or to comply with legal requests and obligations. Released Party agrees to not sell, trade, or otherwise transfer customer information to third parties without Customer's consent, except as required by law or as necessary to fulfill the purposes outlined in this policy. Released Party implements the appropriate technical and organizational measures to protect personal information against unauthorized access, alteration, disclosure, or destruction of Customer data. Customer agrees to hold Released Party harmless from any unauthorized data access, breach, or distribution of Customer's data pursuant to the terms of Sections 2 and 4 of this Agreement.
The Released Party retains all rights, title, and interest in and to its designs, data, and other information it transfers to Customer, including but not limited to all related intellectual property rights, copyrights, registered marks, trademarks, or any other ownership interest. Nothing in this Agreement shall be construed as granting the Customer any ownership rights in the Released Party's designs, data, and other information. Customer is prohibited from and shall not copy, modify, distribute, or create derivative work based on the Released Party's designs without prior written consent from the Released Party.
The maximum aggregate liability shall not exceed three times the amount paid by Customer to Released Party for products or actual proven damages, whichever is less.
"You", "I", "my", "me", "myself" and any other similar word as used herein, includes the Customer as well as his or her heirs, executors, dependents, beneficiaries, and assigns, including, but not limited to, parents, guardians, spouses, domestic partners, and children. By signing this Agreement, you are signing on behalf of the above-listed persons and your signature shall be considered binding upon them.
This Agreement shall be in full force and effect for as long as Customer possesses products provided by Released Party or objects or devices created with the aid of products provided by Released Party.
Customer agrees that the terms and provisions of this Agreement are reasonable and enforceable and that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Indiana. The invalidity of any provision of this Agreement shall not impair the validity of any other provision. If all or any part of this Agreement is deemed unreasonable, invalid, void, or unenforceable by a court decree, order, or judgment of a court of competent jurisdiction, the parties hereby expressly consent and agree that provision shall be deemed modified to the extent necessary to render that provision enforceable to the greatest extent and the remainder of this Agreement shall continue in effect and be enforceable to the fullest extent permitted by law.
The recitals above are expressly incorporated herein. This Agreement contains the entire agreement and understanding by and between the Customer and the Released Party with respect to the matters herein referred to, and no representations, promises, agreements, or understandings, written or oral, not herein contained shall be of any force or effect. Neither the Released Party nor the Participant shall be deemed to have drafted this Agreement for purposes of any future construction. Any rule of construction providing that ambiguities shall be construed against the drafter of this Agreement shall not apply and is waived.
No change or modification of this Agreement shall be valid or binding unless the same is in writing and signed by the Customer and the Released Party. No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the party against whom such waiver is sought to be enforced; moreover, no valid waiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time or will be deemed a valid waiver of such provision at any other time.
This Agreement has been executed under and shall be governed by the laws of the State of Indiana without regard to such state's conflict of laws principles. Any and all claims, disputes, or lawsuits arising from this Agreement or as a result of the relationship of the parties hereto, whether brought by either party, shall be filed, heard, and venued in Tippecanoe County, Indiana; and that both the parties submit to the personal jurisdiction in Tippecanoe County, Indiana. In addition, the parties hereby irrevocably waive all rights to trial by jury and agree that all claims or lawsuits shall be tried before a judge.
In any litigation, arbitration, or other proceeding by which one party either seeks to enforce any term, condition, or covenant under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney and paralegal fees, costs, and expenses incurred.
Any headings or other titles used herein are made for the purposes of convenience only and shall not alter or modify the meaning of any provision contained herein. Whenever the context may require, any pronouns used in this Agreement shall include the corresponding masculine, feminine, and neuter forms, and the singular form of nouns and pronouns shall include the plural, and vice versa.
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THIS IS A LEGAL DOCUMENT AND IS A BINDING CONTRACT AND RELEASE. IF YOU DO NOT UNDERSTAND ANY PORTION OF IT OR DO NOT WISH TO AGREE TO THE TERMS CONTAINED HEREIN, CONSULT AN ATTORNEY AND DO NOT SIGN THIS DOCUMENT.
THIS IS A LEGAL RELEASE AND I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE AGREEMENT.
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ACCEPTANCE OF TERMS AND CONDITIONS:
By clicking the "I Agree" button and typing a digital signature, Customer acknowledges that he/she has the capacity to enter into this Agreement, is over the age of eighteen (18) years old, has read, understands, and agrees to be bound by the terms and conditions of this Agreement. The action of clicking the "I Agree" button and typing a digital signature constitutes a legal acceptance of the terms and conditions of this Agreement, and Customer is encouraged to review the Agreement carefully before proceeding. By clicking the "I Agree" button and typing a digital signature, Customer understands and acknowledges that he or she is creating a legally binding and enforceable contract. If Customer does not agree to the terms and conditions of this Agreement, then Customer shall not click the "I Agree" button and shall refrain from using any design or service from the Released Party.
