1. Disclaimer of Warranties. SCHNITZ MOTORSPORTS, INC. MAKES NO WARRANTY OF ANY KIND WHATSOEVER CONCERNING THIS PRODUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE AND ACKNOWLEDGE THAT THIS PRODUCT IS SOLD ON AN "AS IS" AND "WITH ALL FAULTS" BASIS. YOU AGREE AND ACKNOWLEDGE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS PRODUCT SHALL BE BORNE BY YOU. IF THIS PRODUCT PROVES DEFECTIVE AFTER PURCHASE, YOU, AND NOT SCHNITZ MOTORSPORTS, INC., NOR ANY DISTRIBUTOR OR RETAILER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND/OR REPAIRS.
2. Use of Product at Purchaser's Own Risk. You agree and acknowledge that the use, installation, and/or operation of this product shall be at your own risk and may result in severe injury, death, and/or damage to person or property.
3. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND ACKNOWLEDGE THAT SCHNITZ MOTORSPORTS, INC., SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY, OR FOR ANY LOSS OF TIME, INCONVENIENCE, OR LOSS OF USE, INCLUDING ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THIS PRODUCT'S USE, INSTALLATION, AND/OR PERFORMANCE, WHETHER SUFFERED BY THE PURCHASER OR ANY OTHER PARTY, AND REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED, EVEN IF SCHNITZ MOTORSPORTS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT OTHERWISE LIMITING THE FOREGOING, IN NO EVENT SHALL RECOVERY OF ANY KIND AGAINST SCHNITZ MOTORSPORTS, INC. BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THIS PRODUCT.
4. Miscellaneous. This Disclaimer of Warranties ("Disclaimer") represents the complete and exclusive agreement between You and Schnitz Motorsports, Inc., and supersedes any prior agreements and/or communications regarding the subject matter hereof. The terms of this Disclaimer shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to any conflict of law principle that would result in the laws of any other jurisdiction governing this Disclaimer. Any action or proceeding arising out of this Disclaimer shall be litigated in courts located in Adams County, Indiana. You consent and submit to the jurisdiction of any local, state, or federal court located in Adams County, Indiana. Any cause of action or claim you may have with respect to this product, whether in contract, tort, otherwise, must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. If any term or provision contained in this Disclaimer is determined to be unenforceable in any respect, the enforceability of the term or provision in any other respect, and of the remaining terms or provisions of this Disclaimer, shall not be impaired.