Myrons Extreme Machines

WARNINGS

The customer herewith acknowledges that:

There is an inherent risk in the operation of motorized scooters, bicycles, mopeds, go-carts, and motorcycles AND the undersigned ASSUMES THE RISK OF ANY INJURY ARISING FROM THE OPERATION OF the PRODUCT being purchased.

The State of California requires that the operator of a motorized scooter must be at least 16 years of age AND any operator of a motorized scooter that is under 16 years of age must do so on private property.  Purchaser acknowledges that it is the purchaser’s responsibility to be informed of and conform to all laws regarding the operation of motorized scooters.

Certain motors do not conform to the California Air Resources Board (CARB) standards and that scooters powered by these motors are prohibited for any use outside a closed competition track.  MXM, Inc. in compliance with CARB, has informed the purchaser of this prohibition and any purchaser or rider of a motorized scooter with a non-compliant motor that rides outside a closed competition track understands that this violates the law.

This device does not conform to federal motor vehicle safety standards.

MXM, Inc. recommends the use of protective gear to avoid injury, which may include safety helmet, goggles, gloves, elbow and kneepads, appropriate shoes, and brightly colored clothing.

This device is not recommended for use in traffic or in the dark.  Do not operate this device on wet, frozen, oily, or unpaved surfaces.  Avoid uneven surfaces, chuckholes, surface cracks, and obstacles.

High speeds, jumps, and trick maneuvers are dangerous and may result in loss of control and other accidents.

Never permit a guest to operate this device unless they are aware of these warnings and all manufacturer recommendations.

Read all warnings and applicable manuals/directions before operating this device.

Pregnant persons should not use this device.

Never operate this device while under the influence of alcohol or drugs.

This Product is intended for adults and should only be used by minors with adult supervision. 

Modifications or alterations to this device will void all express and/or written warranties.

THIS PRODUCT SHOULD NOT BE USED BY ANYONE UNABLE OR UNWILLING TO TAKE RESPONSIBILITY FOR THEIR OWN ACTIONS.

 AGREEMENT TO ARBITRATE DISPUTES

[READ CAREFULLY AS YOU ARE GIVING UP RIGHTS]

AGREEMENT TO ARBITRATE DISPUTES

IT IS HEREBY AGREED THAT ANY AND ALL DISPUTES BETWEEN Mxm, inc. and the undersigned, INCLUDING DISPUTES ABOUT any AGREEMENT signed, WILL BE RESOLVED THROUGH BINDING ARBITRATION IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1280 AND FOLLOWING. you are giving up any RIGHT to have the dispute litigated in court AND GIVING UP THE RIGHT TO A jury trial.  YOU ARE GIVING UP YOUR RIGHT TO DISCOVERY OTHER THAN WHAT IS PROVIDED IN CALIFORNIA CODE OF CIVIL PROCEDURE 1280 AND FOLLOWING. IF you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate.  your consent to this arbitration agreement is voluntary.

RELEASE OF LIABILITY AND

AGREEMENT TO INDEMNIFY FOR INJURY TO CHILD

[READ CAREFULLY AS YOU ARE GIVING UP RIGHTS]

RELEASE OF LIABILITY

AGREEMENT TO INDEMNIFY FOR INJURY TO CHILD

PURCHASER AGREES  TO RELEASE mxm inc., ITS stockholders, OWNERs, AGENTS AND EMPLOYEES, FROM ANY AND ALL LIABILITY FOR DAMAGE TO PROPERTY OR INJURY OR DEATH TO ANY PERSON RESULTING FROM THE SELECTION, MAINTENANCE OR USE OF THE EQUIPMENT SOLD or serviced AND FOR ANY AND ALL CLAIMS WHETHER BASED UPON NEGLIGENCE, BREACH OF WARRANTY, BREACH OF CONTRACT OR BASED UPON ANY OTHER LEGAL THEORY.  THIS INCLUDES, BUT IS NOT LIMITED TO, ALL LIABILITY FOR DAMAGES RESULTING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF MXM, INC. OR ITS stockholders, OWNERS, AGENTS AND/or EMPLOYEES.

THE purchaser ACCEPTS FULL RESPONSIBILITY FOR ANY AND ALL SUCH DAMAGE, INJURY OR DEATH THAT MAY RESULT FROM PRODUCT USE BY customer OR BY ANY CHILD OF customer.  SHOULD A CHILD OF CUSTOMER ATTEMPT TO BRING SUIT AGAINST MXM, INC., CUSTOMER AGREES TO DEFEND AND INDEMNIFY MXM, INC. AGAINST SUCH SUIT.

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT WHICH IS INTENDED TO PROVIDE A COMPREHENSIVE RELEASE OF LIABILITY, BUT IS NOT INTENDED TO ASSERT ANY CLAIMS OR DEFENSES WHICH ARE PROHIBITED BY LAW.