HIT-NOT®WARRANTYTERMS ANDCONDITIONS
IMPORTANT-READCAREFULLY: BY AND INSTALLINGAND USING THE HIT-NOT® SYSTEM,YOU ACKNOWLEDGEAND AGREE TO BE CONTRACTUALLYBOUNDBY THESEWARRANTY
TERMS AND CONDITIONS. IF ANY OF THE TERMS OF USE ARE NOT ACCEPTABLE TO YOU, DO NOT INSTALL OR USE THE HIT-NOT®SYSTEM.
THE HIT-NOT® SYSTEMIS SIMPLY A TOOL TO BE USED TO ASSIST YOU IN SAFELY OPERATINGHEAVYEQUIPMENT. THE HIT-NOT® SYSTEMIS NOT INTENDEDAS A SUBSTITUTEFOR, NOR
DOES IT REPLACE,SAFE PRACTICES IN OPERATINGHEAVYEQUIPMENT.YOUR USE OF THE HIT-NOT® SYSTEM IS SOLELYAT YOUR OWN INDEPENDENTDISCRETIONAND RISK. THE HIT-
NOT® SYSTEMIS NOT GUARANTEED TO PREVENT ACCIDENTS.
ACCEPTANCEANDDEFINITIONS.
(A)Acceptanceof Terms. These WarrantyTerms and Conditions (these “Terms”) are a legal agreementbetweenYou, as a purchaserand end user of the System and FrederickEnergy
Products,LLC. By installing the System or using the System in any way, You are (1) agreeing to be bound by these Terms.IF YOU DO NOT AGREE WITHALL THESETERMS, DO NOT USE OR
INSTALLTHE SYSTEM.YOU MUST RETURNTHE SYSTEMTO THE DEALERFROM WHICHYOU PURCHASEDTHE SYSTEM,IN ACCORDANCEWITHTHE DEALER’SPOLICIES.This Agreement
constitutesthe entire and only agreementbetweenFEP and You and supersedesall prior or contemporaneousagreements,representations,warrantiesand understandings with respect
to the System,and the subject matter of this Agreement.
(B)Definitions. In this Agreement, “You” and “Your” refer to You as the user of the System. “FEP” “we,” “us” and “our” refer to Frederick Energy Products, LLC and our successors,
partners, affiliates, subsidiaries and assigns. “System” refers to the Hit-Not® Systempurchasedby You. “Terms” refers, collectively, to these WarrantyTerms and Conditions.
LIMITEDWARRANTIES;DISCLAIMER.
(A)Limited Warranty. FEP hereby warrantsagainst:(1) defectsin the System, either in workmanship or material,and (2) the failure of the System to conform to FEP’s written
specifications,for a period of one (1) year after date of delivery to You, in each case; provided that such System has been under proper and normal use at all times during such period.
All warrantyclaims under these Terms must be submittedthroughthe Dealer from which you purchased the System. FEP’s liability is restricted to the replacement or repair of the
defectiveor nonconformingparts alone and does not include any installation,labor, or expense involved, or other contingentliability. Liability for any componentsmanufacturedby
third parties but incorporatedinto FEP Productsto be furnishedby FEP, shall be limited to the guaranteeor liability to FEP of the manufactureror supplier of such components.FEP is
not liable for damagesresultingfrom the use or misuse of the FEPProducts.
(B)Disclaimers.EXCEPTAS EXPRESSLYSET FORTH ABOVE: (1)NO ADVICEOR INFORMATION,WHETHER ORAL OR WRITTEN,PROVIDED BY OR THROUGHFEP, ANY DEALEROR
DISTRIBUTOR, OR ANY THIRD PARTY SHALL IMPLY THE CREATIONOF ANY REPRESENTATION OR WARRANTYOF ANY KIND WHATSOEVERBY FEP; (2) THE SYSTEMIS PROVIDED "AS IS"
AND WITHOUT ANY WARRANTY OF ANY KIND, EITHEREXPRESS,STATUTORY OR IMPLIED,INCLUDING,BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITYAND
FITNESSFOR A PARTICULARPURPOSE;(3)FEP DOESNOT REPRESENTOR WARRANTTHAT THE SYSTEMWILL BE FUNCTIONALOR DEFECT-FREE,OR THAT DEFECTSWILL BE CORRECTED;
AND (4) FEP HEREBY DISCLAIMSANY AND ALL LIABILITYOR RESPONSIBILITYFOR THE IMPROPERUSE OF THE SYSTEMOR FOR THE INCORRECTOR IMPROPER INSTALLATIONOF THE
SYSTEM.SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSIONOF IMPLIED WARRANTIES, SO THEABOVE EXCLUSIONSMAY NOT APPLY TO YOU. UNDERNO
CIRCUMSTANCESWILLFEP BE LIABLEFOR ANY LOSS OR DAMAGECAUSEDBY YOUR USE OF THE SYSTEM. USE OF THE SYSTEMIS AT YOUR SOLE RISK.
INDEMNIFICATION;RELEASE;LIMITATIONOFLIABILITY.
(A)Indemnification.You agree to indemnify and hold FEP,any and all parent,subsidiary,and affiliateorganizations,and their respectiveofficers,directors,agents,shareholders,
members, managers,advisors, consultants,employees, successorsand assigns (collectively, the “Protected Parties”) harmless from and against all losses, costs, liabilities, expenses
(including reasonable attorneys’ fees and expenses),claims,demands,and damages,actualand consequential, of every kind and nature, known and unknown,suspectedand
unsuspected, disclosed and undisclosed(collectively, “Losses”), that are in any way due to or arising out of Your use of the System, unless caused by the gross negligence or willful
misconduct of FEP. FEP reservesthe right, atYour expense,to assumethe exclusivedefenseand control of any matterfor which You are requiredto indemnify any of the Protected
Parties, and You agree to cooperate with FEP’s defense of such claims. FEP will use reasonable efforts to notify You of any such claim, action, or proceeding whichis subject to this
indemnificationupon FEP becoming awareofit.
(B)Limitation of Liabilities. IN NO EVENT SHALL FEP, ITS LICENSORS, SUPPLIERS,CONTENT PROVIDERS OR THEIR RESPECTIVEPARENTS, SUBSIDIARIES,AFFILIATES, OFFICERS, DIRECTORS,
SHAREHOLDERS, ADVISORS,CONSULTANTS,EMPLOYEES,SUCCESSORS OR ASSIGNS,BE LIABLETO YOU OR ANY THIRDPARTY FOR ANY INDIRECT,SPECIAL,INCIDENTAL,CONSEQUENTIAL,
PUNITIVEOR EXEMPLARYDAMAGES (INCLUDINGBUT NOT LIMITEDTO LOSS OF BUSINESS,PROFITS,USE, REVENUEOR OTHERECONOMICADVANTAGE), ARISINGOUT OF OR IN
CONNECTIONWITHTHE SYSTEM OR THESE TERMSBASEDON ANY THEORY,EVENIF ADVISEDOF THE POSSIBILITYOF SUCH DAMAGES.THE LIMITATIONOF DAMAGESSET FORTH ABOVE
IS A FUNDAMENTALELEMENTOF THE BASIS OF THE BARGAINBETWEENUS AND YOU. THE SYSTEMWOULDNOT BE PROVIDEDFOR SALE TO YOU WITHOUTSUCH LIMITATIONS.IN NO
EVENTWILLOUR LIABILITY, OR THE LIABILITYOF OUR LICENSORS,AND OUR RESPECTIVEPARENTS,AFFILIATES,SUBSIDIARIES,OFFICERS,DIRECTORS,SHAREHOLDERS,EMPLOYEES,
ADVISORS,CONSULTANTS,SUCCESSORSOR ASSIGNS,TO YOU OR ANY THIRD PARTIESIN ANY CIRCUMSTANCEEXCEEDONE HUNDREDDOLLARS (US$100.00).SOME STATES OR OTHER
JURISDICTIONSDO NOTALLOWTHE EXCLUSIONOR LIMITATIONOF INCIDENTALOR CONSEQUENTIALDAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONSMAY NOT APPLYTO YOU.
CHOICE OF LAW; DISPUTERESOLUTION.The Agreement shall be governed by, and construedin accordancewith the lawsof the State of Alabama,withoutregard to its conflictsof law
provisions. In the event of any dispute,claim, questionor disagreement (“Claim”) between You and FEP arising from or relating to Your use of the System, You and FEP will attempt, in
good faith, to resolve any Claim within thirty (30) days after written notice of the Claim. Any Claim not so resolved shall be finally settled by binding arbitrationadministered by the
AmericanArbitration Associationunder its CommercialArbitrationRules, using the ExpeditedProcedures.Judgment on the awardrenderedby the arbitrator(s) may be entered in any
court of competentjurisdiction.The arbitratorshall be an individual generallyskilled in the legal and business aspectsof the subject matter of this Agreement.The arbitrator shall have no
authorityto impose penaltiesor awardpunitive damages.The arbitrationshall take place in Madison County, Alabama,and the arbitrator shallapply the law of the State of Alabama and
applicablerules of evidence. If all parties and the arbitratoragree, arbitrationmay take place by telephone or by writtencommunication.Unlessthe arbitratorotherwisedirects,the
parties,their representatives,other participants,and the arbitratorshall hold the existence,content,and result of the arbitrationin confidence. No action,regardlessof form, related to
the obligations of the parties under this Agreement may be brought by either party against the othermore than one (1) year after the cause of action has accrued.In any proceedingto
enforcethis Agreement,the prevailing party will have the right,in addition to its other rightshereunder,to recover its reasonablelitigation costs and reasonable attorneys’ fees.
Nothing in this Section shall preclude any party from seeking equitable relief from a court of competentjurisdictionor exercising any self-help remedies, whether before, during or after
the pendencyof any arbitrationproceeding.The parties agree that taking any such action does not waive any right that either party has to demand arbitrationat any time with respect to
subsequentor amended disputes claimed or filed againsta party after commencementof litigation. BY AGREEINGTO THESETERMSAND CONDITIONS,ALL PARTIESAGREETO WAIVE ANY
RIGHTSTO A JURY OR COURT TRIAL.If any provision of this disputeresolutionprocedureis held invalid or unenforceable,the remaining provisions shall remain in full forceand shallnot
be affectedby the invalidity of any otherprovision.
By tapping"Accept",you again agree and confirmthat you have read and understoodthese Terms of Service and the Disclaimer.
Accept
V. ENTIREAGREEMENT;ASSIGNMENT;MISCELLANEOUS. These Terms constitute the completeand exclusivestatement of the agreementbetween You and us. It supersedesany and
all prior or contemporaneousagreement,oral or written,and any other communications,representations, warrantiesand understandingrelating to the subjectmatter hereof.If there is a
conflictbetweenan oral or writtenrepresentationof any FEP employee or agent,or any Dealeror Distributoremployee or agent,and these Terms, theseTerms will prevail. These Terms
will prevail over other rules and policies on the System. Our failureto enforceany provision of these terms shall not be deemed either a waiver of such provision or a waiver of the right
to enforcesuch provision. If any provision of these Termsis held by an arbitratoror court of competentjurisdictionto be contraryto law, then such provision shall be construed,as nearly
as possible, to reflectthe intentionsof the partiesand the other provisions shall remain in full force and effect. The provision of theseTerms which, by their terms should survive
terminationor expirationof these Terms, shall survive the termination or expirationhereof.FEP may assign this Agreement to any other entityof its choosing,with or withoutnoticeto
You. You may not assign theseTermsto any other party withoutthe prior written consent of FEP. FEP shall not be deemed to have waivedany of its rights or remedies unless such waiver
is in writingand signedby FEP.No delay or omission on the part of FEP in exercisingany rightsor remedies shalloperateas a waiver of such rights or remedies or any other rights or
remedies on futureoccasions.The section titles in these Termsare solely used for the convenienceof the parties and have no legal or contractual significance.
END OF HIT-NOT®WARRANTY TERMS ANDCONDITIONS
www.hitnot.com
03/15/2022
DDAC20040rev3.8
