Product Warranty and Liability Disclaimer

Terms and Conditions (the “TERMS”)

Manufacturer: Peak First Aid (“PEAK”)

Product: Peak First Aid Kit, assembled in the USA of foreign and domestic components (“KIT”)

Item or Items: the individual item or items in the KIT (“ITEM” or “ITEMS”)

Purchaser: individual or entity who purchased the Kit, which may or may not be a User of the Kit (the “PURCHASER”)

User or Users: Purchasers and/or users of the KIT and/or the ITEMS (“USER” or USERS”)

By using this KIT and/or the ITEMS, or by purchasing the KIT and providing the KIT and/or the ITEMS to a 3rd party for use, the PURCHASER and/or USER acknowledges and accepts these TERMS.

  1. Purpose and Use. This KIT is neither a substitute for proper first aid training nor substitutes for seeking professional medical care and should only be used by individuals with appropriate training and knowledge in wilderness first aid. USERS are strongly advised to review the ITEMS in the KIT before using any ITEM, and to seek qualified first aid training before utilizing the KIT and/or the ITEMS.
  2. USER Responsibility. Engaging in outdoor activities involves inherent risks, and USERS assume full responsibility for their adventures and any associated injuries. It is the USERS' responsibility to research and understand the limitations and proper use of each ITEM in the KIT. The user should obtain proper training in wilderness first aid and regularly review and practice these skills. The PURCHASER and/or USER agrees to comply with the instructions set forth herein relating to the use of this KIT and/or the ITEMS, and not misuse the KIT and/or the ITEMS in any manner.
  3. LIMITATION OF LIABILITY.

PEAK SHALL NOT BE LIABLE WHETHER ARISING OUT OF BREACH OF CONTRACT OR TORT, INCLUDING NEGLIGENCE, FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, CONTINGENT, OR INDIRECT DAMAGES, LOSS OF PROFITS, OR COMMERCIAL LOSS, OR ANY OTHER KIND OR CHARACTER OF LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE ANY OF THE ITEMS IN THE KIT, REGARDLESS OF WHETHER SUCH LOSSES OR DAMAGES WERE FORESEEABLE, EVEN IF PEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL PEAKS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO PURCHASE OR USE OF THE KIT AND/OR THE ITEMS EXCEED THE LIST PURCHASE PRICE OF THE KIT. PEAK DOES NOT PROVIDE ANY GUARANTEE OF SAFETY FOR ANY ACTIVITIES UNDERTAKEN WITH THE USE OF THE KIT.

  1. NO WARRANTIES.

FOR UP TO ONE (1) YEAR FROM THE DATE OF PURCHASE, AND PRIOR TO THE USE BY PURCHASER OR A USER, IF UPON OPENING OF THE KIT AN ITEM IS CLEARLY DEFECTIVE RESULTING FROM A MANUFACTURER’S DEFECT, OR IF AN ITEM HAS BEEN DAMAGED IN SHIPPING, PEAK WILL REPLACE THE DEFECTIVE OR DAMAGED ITEM. THE REPLACEMENT PROCESS, WHICH INCLUDES YOUR PROVIDING TO PEAK HIGH-RESOLUTION IMAGES OF THE DEFECT OR DAMAGE, IS SET FORTH ON THE PEAK WEBSITE CAN BE STARTED BY EMAILING SUPPORT@PEAKFIRSTAID.COM

EXCEPT AS SET FORTH IN THIS SECTION 4, THE KIT AND THE ITEMS ARE PROVIDED "AS IS," WITH ALL FAULTS, AND PEAK MAKES NO OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE KIT AND/OR THE ITEMS, INCLUDING ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, DELAYS, WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  

  1. Notification. USER shall notify PEAK within 15 days of USER’s receipt of knowledge of any accident involving the KIT and/or the ITEMS resulting in personal injury or damages to property and USER shall fully cooperate with PEAK in the investigation and determination of the cause of such accident and shall make available to PEAK all statements, reports, and tests made by USER or made available to USER by others. The furnishing of such information to PEAK and any investigation by PEAK shall not constitute an assumption of any liability by PEAK.
  2. INDEMNIFICATION.

USER AGREES TO INDEMNIFY AND HOLD PEAK HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS ‘FEES AND OTHER COSTS OF DEFENDING ANY ACTION) THAT PEAK MAY SUSTAIN OR INCUR AS A RESULT OF ANY CLAIM OF NEGLIGENCE, BREACH OF IMPLIED WARRANTY OR STRICT LIABILITY IN TORT BY USER, ITS OFFICERS, AGENTS OR EMPLOYEES, ITS SUCCESSOR AND ASSIGNS, WHETHER DIRECT OR INDIRECT IN CONNECTION WITH THE USE OF THE KIT AND/OR THE ITEMS.

IN THE EVENT PURCHASER PROVIDES THE KIT OR ANY OF THE ITEMS TO A 3RD-PARTY TO USE THE KIT, AND THE 3RD-PARTY USER DID NOT RECEIVE OR READ A COPY OF THESE TERMS, PURCHASER AGREES TO INDEMNIFY AND HOLD PEAK HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS ‘FEES AND OTHER COSTS OF DEFENDING ANY ACTION) THAT PEAK MAY SUSTAIN OR INCUR AS A RESULT OF ANY CLAIM OF NEGLIGENCE, BREACH OF IMPLIED WARRANTY OR STRICT LIABILITY IN TORT BY SUCH 3RD-PARTY USER, ITS OFFICERS, AGENTS OR EMPLOYEES, ITS SUCCESSOR AND ASSIGNS, WHETHER DIRECT OR INDIRECT IN CONNECTION WITH THE USE OF THE KIT AND/OR THE ITEMS.

  1. Compliance with Laws. USER should familiarize themselves with and adhere to all local, state, and federal laws and regulations applicable to the use of the KIT and/or the ITEMS.
  2. Modifications and Updates. PEAK reserves the right, at its discretion, to modify, change, add to, withdraw from, or replace ITEMS in the KIT without notice, and PEAK assumes no obligation to provide updates or modifications to USER regarding ITEMS in the KIT. 
  3. Waiver. No waiver by PEAK of any of the provisions of these TERMS is effective unless explicitly set forth in writing and signed by PEAK. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these TERMS operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  4. Governing Law & Jurisdiction. All matters arising out of or relating to these TERMS are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado. Any legal suit, action, or proceeding arising out of or relating to these TERMS shall be instituted in the federal courts located in Colorado or the courts of the State of Colorado located in Boulder County, Colorado, and PEAK and the USERS irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
  5. No Third-Party Beneficiaries. These TERMS are for the sole benefit of the USERS and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these TERMS.
  6. Agreement. By purchasing and/or using this KIT, each USER acknowledges that they have read, understood, and agreed to these TERMS set forth in this limited liability disclaimer.