Release of Liability
Your assembly and use of the Product shall also constitute a release, to the fullest extent permitted by law, of iRocker Inc. and each of its related, constituent, or affiliated entities including each of its managers, members, officers, agents, dealers, employees and any party participating in the design and/or manufacture of the Product (“Releasees”) from liability relating to your use or any user’s use or operation of the Product, whether arising out of the negligence or breach of contract of any Releasee or otherwise. To the fullest extent permitted by law, you agree to waive any claims which you may now have or may have in the future against Releasees, by reason of any loss, damage, injury, and/or expense you or any user may sustain arising out of your use or any user’s use of the Product and agree not to bring any claim against any Releasee in respect of such matters. To the fullest extent permitted by law, you further agree, on behalf of yourself, spouse, heirs, agents, assigns, successors, and representatives, to release, discharge, indemnify, defend or hold each and all Releasees harmless from and against any and all claims, causes of action, demands or charges of any nature, including but not limited to claims with respect to the design, manufacture, assembly, preparation, repair or maintenance of the Product, or with respect to the conditions, qualifications, instructions, rules or procedures under which the use of the Product is permitted or conducted, or from any other cause, arising out of or resulting from your use or any user’s use of the Product, including any claim relating to your own negligence or the negligence of the Releasees (in whole or in part and due to negligence or not).
iRocker Inc. and related parties have not made and hereby expressly deny any oral or written representations and/or warranties, including without limitation any warranty of merchantability or fitness for a particular purpose, other than those that may be set forth in the Product’s instruction manual.
If any term or provision of this Release is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Releasees and you and your respective successors assign and permitted users of the Product. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of law rules thereof.