USER AGREEMENT AND WAIVER OF LIABILITY
1. I agree to only install and use the Backseat Baby Alarm in my own personally owned vehicle(s)
2. I agree I will use fresh, brand name alkaline batteries in the unit from first use of the product.
3. I agree to obtain the signature of any other person who drives my vehicle (such as my spouse, relative, babysitters, etc.) on this User Agreement and Waiver of Liability before he or she drives my vehicle with the Backseat Baby Alarm installed and children along now or in the future. If I choose not to or do not and in the event any lawsuit or other claim is filed or made by such persons against Joseph Dorsey, inventor and seller, or Backseat Baby Alarm relating to the Backseat Baby Alarm, I agree to be solely responsible for and indemnify, save, defend, and hold Joseph Dorsey and Backseat Baby Alarm against all such claims including payment of all damages, expenses, costs, and attorney’s fee incurred in response to the claim or lawsuit. (*Click orange button to print a copy)
4. I agree to not give or sell any Backseat Baby Alarm units to anyone without first obtaining the written permission of the inventor, Joseph Dorsey. If I do not and in the event any lawsuit or other claim is filed or made by someone who I gave the unit to without said permission against Joseph Dorsey or Backseat Baby Alarm relating to the Backseat Baby Alarm, I agree to be solely responsible for and indemnify, save, defend, and hold Joseph Dorsey and Backseat Baby Alarm against all such claims including payment of all damages, expenses, costs, and attorney’s fee incurred in response to the claim or lawsuit.
5. I agree that no device can be made that is mechanically or electronically foolproof and I accept that the inventor, Joseph Dorsey and Backseat Baby Alarm can not and do not make any guarantees or warranties that the device will not ever fail to perform as intended or expected.
6. I will make a sincere effort to timely contact the inventor Joseph Dorsey by email to email@example.com or phone at 859-620-3331 if I have reason to believe the Backseat Baby Alarm unit(s) I am using failed mechanically or perceive it is not being effective in reminding me of the presence of a child in the backseat.
7. I acknowledge and agree that no device can prevent me from forgetting or and having a lack of awareness of whether a child is in or has been left in a vehicle and I purchase the Backseat Baby Alarm with the understanding that Backseat Baby Alarm and Joseph Dorsey, inventor and seller, makes no representation, warranty, or guaranty that the Backseat Baby Alarm will ensure such awareness, and all potential implied warranties to the contrary are disclaimed.
8. I agree that I myself, and not the Backseat Baby Alarm, am solely responsible for remembering and retrieving any child(ren) from the backseat of the car in which I will be installing the Backseat Baby Alarm unit and I will not rely on the Backseat Baby Alarm to prompt me to do so nor use it as a substitute for my responsibility to do so.
9. I agree that Backseat Baby Alarm and Joseph Dorsey, inventor and seller, shall not be liable for any consequential, indirect, special, punitive or incidental damage, whether foreseeable or unforeseeable , based on claims from myself or any third part for any loss arising out of breach of express or express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, except only in the case of personal injury where and to the extent that applicable law requires such liability. Furthermore, I hereby waive and release the seller and inventor Joseph Dorsey and Backseat Baby Alarm from any such claims of damage that might arise in conjunction with installation and use of the Backseat Baby Alarm, including but not limited to bodily and/ or personal injury and/or death except and to the extant that applicable law requires such liability.
10. I agree that any recovery of damages against Joseph Dorsey or Backseat Baby alarm for failure of the product is limited to the amount that was paid for the product. Furthermore, I agree that the venue for any legal action related to the Backseat Baby Alarm shall be in the County or District Court of Kenton County, KY, or if federal jurisdiction is mandatory, in the U.S. District Court for the Eastern District of Kentucky.
I HAVE READ THE ABOVE AND UNDERSTAND WHAT I AM AGREEING TO and BY TYPING MY NAME IN THE BOX BELOW AND SUBMITTING, I AGREE THAT THIS INDICATES I AGREE TO THE ABOVE AND AGREE THAT THIS SHALL SERVE AS MY LEGALLY BINDING ELECTRONIC SIGNATURE.