Terms of Service

TERMS OF SERVICE

Z Battery Solutions LLC Terms and Conditions

By purchasing this product (the “Product”) from Joseph Zaradzki, doing business as Z Battery Solutions LLC (“ZBS”), you, the purchaser and end user (“you”, “your”, etc.) agree to the following terms and conditions (the “Terms”). This product is sold as-is, with no warranties. You agree that lithium ion batteries may pose a serious risk of bodily injury, property damage, or death. You agree that you will follow generally accepted lithium ion safety protocols when using, storing, or charging to prevent personal injury, property damage, or death. You agreed that ZBS has no control over your use the Product and you agree that ZBS shall not be held liable for any injury or any damages caused your user of the Product. Accordingly, and as more fully set forth in these Terms, ZBS’s liability with regard to the Products shall be limited to the price paid for the Product.

Warranty

ZBS DISCLAIMS ALL WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCT IS PROVIDED “AS IS.” ZBS DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY ZBS, OR ANY OTHER PERSON ON ZBS'S BEHALF.

Disclaimer of Liability

In no case shall ZBS, or its agents, including, but not limited to Joseph Zaradzki and family members that may be associated with the Products, suppliers, or affiliates (collectively, the “ZBS Parties”) be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any other damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Product, or for any other claim related in any way to your use of the Product, even if advised of such possibility.

Limitation of Liability

IN NO CASE SHALL THE MAXIMUM AGGREGATE COLLECTIVE LIABILITY OF THE ZBS PARTIES FOR DIRECT DAMAGES ASSOCIATED WITH THE PRODUCT, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED IN THE AGGREGATE, THE AMOUNT PAID BY YOU FOR THE PRODUCT.

Indemnification

You agree to indemnify, defend and hold harmless the ZBS Parties from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Product, your breach of these Terms, or your violation of any law or the rights of a third-party associated with the Product.

Assumption of Risk

By purchasing the Product, you accept all risks associated with the Product and your use thereof, including FIRE or EXPLOSION which can result in INJURY, PERMANENT DISABILITY, DEATH, and/or SIGNIFICANT DAMAGE to person or property.

General

These Terms shall be governed by the laws of the State of Pennsylvania, United States. You consent to the exclusive jurisdiction of the courts in the Western District of Pennsylvania in all disputes arising out of or relating to the use of this Product.