1. Description
   By purchasing Products from ActivTrax, LLC (Company), customer agrees to be bound by the terms of this Waiver.
2. Release of Liability & Limitation of Liability
   Customer acknowledges that participating in any exercise program and/or using exercise equipment can be dangerous. Use of ATX2Go Suspension Trainer (Product) could result in injury. Customer agrees to indemnify, defend, and hold harmless ActivTrax, LLC, ActivTrax’s employees, and agents for all liabilities incurred or alleged as a result of the Product, or arising out of the use of the Product. In no event shall the Company's liability under this Agreement exceed the purchase price paid by the customer for the Product.
3. Warranty
   ActivTrax warrants that the Product will arrive undamaged and in working order when received by the customer. In the event that the Product is damaged upon delivery, customer shall notify Company and ship the damaged Product back to Company. Company will send, at Company's discretion, either a replacement Product or a refund, within ninety days. This Warranty shall be effective for claims received by Company within seven days of the initial delivery date. Company will not accept a return for any other reason. It is the customer's responsibility to ensure compatibility, fit, and other considerations necessary before purchasing the Product.
   
   ACTIVTRAX, LLC DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. The foregoing constitutes customer's sole and exclusive remedy under this Agreement.
4. Severability
   The unenforceability of any portion of this Agreement shall not render the remainder of the Agreement invalid or unenforceable.
5. Acceptance
   This Waiver and any action related thereto will be governed, controlled, interpreted and defined by and under the laws of the State of Maryland, without regard to the conflicts of laws provisions thereof. Unless waived by ActivTrax,LLC (which it may do in its sole discretion) the exclusive jurisdiction and venue of any action with respect to the subject matter of this Waiver will be the State and Federal courts of the State of Maryland, and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
   
   Customer accepts this Waiver in its entirety by electing to purchase the product.