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This website, www.exilebase.com, and the products, information, and services offered through it are provided by Exile Incorporated, a Montana company, referred to as “Exile,” “Exile BASE,” “Exile Inc,” “we,” or “us.”

By accessing this website, placing an order, purchasing a product, checking an acceptance box, signing electronically, or completing checkout, you agree to these Terms. If you do not agree, do not purchase from Exile.

“Products” means any parachute, canopy, pilot chute, slider, soft link, container, component, accessory, apparel, digital product, manual, or other item or service offered or sold by Exile.

AGE REQUIREMENT

You represent that you are at least 18 years old and legally able to enter into this Agreement.

INHERENT RISK

YOU ACKNOWLEDGE THAT SKYDIVING, BASE JUMPING, PARACHUTING, WINGSUITING, AND RELATED ACTIVITIES ARE INHERENTLY DANGEROUS AND CAN RESULT IN SERIOUS INJURY, PARALYSIS, TRAUMATIC BRAIN INJURY, PERMANENT DISABILITY, PROPERTY DAMAGE, OR DEATH.

Products sold by Exile are intended only for properly trained, experienced, and competent users who understand and accept these risks. No product, manual, recommendation, inspection, design feature, or communication from Exile can eliminate these risks or guarantee safety.

NO TRAINING OR SAFETY GUARANTEE

Purchasing a Product from Exile does not provide training, certification, supervision, qualification, approval, or permission to skydive, BASE jump, wingsuit, parachute, or participate in any related activity.

Any manuals, descriptions, sizing suggestions, brake-setting guidance, setup information, packing information, emails, messages, videos, or verbal comments from Exile are general information only and do not guarantee safety, suitability, performance, competence, or outcome.

PURCHASER RESPONSIBILITY

You are solely responsible for determining whether any Product is suitable for your skill level, body size, weight, wing loading, experience, intended use, object, aircraft, environment, weather, landing area, equipment configuration, and risk tolerance.

You are solely responsible for proper training, inspection, assembly, compatibility, packing, configuration, maintenance, storage, use, and retirement of any Product.

Do not use any Product unless you have fully read and understood all applicable manuals, warnings, instructions, and Product information, and have inspected the Product and all related components before each use.

Do not use any Product if it is damaged, worn, contaminated, modified, improperly assembled, improperly packed, incompatible with other equipment, outside its intended use, or not fully understood by you.

Exile is not responsible for third-party rigging, packing, inspection, repair, alteration, modification, resale, lending, demo use, transfer, misuse, abuse, neglect, improper storage, improper maintenance, or use with incompatible equipment.

ORDERS, PRICES, TAXES, AND SHIPPING

We try to describe Products accurately, but product descriptions, manuals, specifications, images, pricing, availability, sizing guidance, and other content may contain errors or omissions. We may correct errors, update information, change Products or pricing, refuse service, or cancel orders at any time. If we cancel an order you paid for, we will refund the amount paid for the canceled Product.

Prices do not include shipping, taxes, customs duties, import fees, tariffs, brokerage fees, value-added taxes, or other governmental charges unless expressly stated. You are responsible for all such costs and for complying with the laws of your jurisdiction.

A contract is formed only after you submit an order, accept these Terms, payment is processed, and Exile confirms the transaction.

Returns, cancellations, refunds, exchanges, and order changes are subject to Exile’s current return and refund policy. Custom, used, altered, damaged, deployed, packed, jumped, or special-order Products may not be returnable unless required by law or agreed to in writing by Exile.

Risk of loss and title pass to you when the Product is delivered to the shipping carrier or, if legally required, when delivered to the address you provided.

ASSUMPTION OF RISK AND RELEASE OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR ANY INJURY, DEATH, LOSS, DAMAGE, OR CLAIM ARISING FROM THE PURCHASE, POSSESSION, SELECTION, INSPECTION, PACKING, CONFIGURATION, MAINTENANCE, STORAGE, TRANSPORTATION, RESALE, TRANSFER, OR USE OF ANY PRODUCT SOLD BY EXILE.

To the fullest extent allowed by law, you release and forever discharge Exile Inc, its owners, officers, directors, employees, contractors, agents, representatives, affiliates, successors, assigns, manufacturers, suppliers, and related parties from all claims, demands, damages, losses, costs, attorney fees, liability, injury, death, property damage, emotional distress, economic loss, or causes of action arising out of or related to any Product or transaction with Exile, including claims based on ordinary negligence.

This release does not apply to claims that cannot legally be released.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Exile Inc and the released parties from any claim, lawsuit, demand, damage, loss, cost, attorney fee, or liability arising out of or related to your purchase, possession, selection, inspection, packing, configuration, maintenance, storage, transportation, resale, transfer, or use of any Product, including claims brought by you, your estate, your family, your heirs, a subsequent user, a transferee, a rescuer, a third party, or anyone acting on your behalf.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY LAW, EXILE SHALL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF USE, LOSS OF OPPORTUNITY, EMOTIONAL DISTRESS, OR OTHER INDIRECT LOSSES ARISING OUT OF OR RELATED TO ANY PRODUCT OR TRANSACTION.

TO THE FULLEST EXTENT ALLOWED BY LAW, EXILE’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO A PRODUCT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

DISCLAIMER OF WARRANTIES

THE PRODUCTS SOLD BY EXILE ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW.

EXILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SAFETY, PERFORMANCE, DURABILITY, SUITABILITY, AND COMPATIBILITY.

No oral or written information, manual, description, email, message, video, recommendation, or advice from Exile creates any warranty unless expressly stated in a written warranty signed by Exile.

WARRANTY BY PURCHASER

You represent that all information you provide to Exile is true, complete, and accurate, including identity, age, shipping address, measurements, weight, experience, skill level, intended use, and equipment information. You acknowledge that inaccurate or incomplete information may increase the risk of serious injury or death.

GOVERNING LAW, DISPUTES, AND SEVERABILITY

This Agreement is governed by Montana law to the fullest extent permitted. To the fullest extent permitted, any dispute arising out of or related to this Agreement, the website, any Product, or any transaction with Exile shall be resolved by binding arbitration in Montana. The prevailing party may recover reasonable attorney fees and costs.

If any part of this Agreement is invalid or unenforceable, the remaining parts remain in effect and shall be enforced to the maximum extent permitted by law.

These Terms are the entire agreement between you and Exile regarding the website, Product purchases, assumption of risk, release of liability, warranty disclaimer, limitation of liability, indemnification, and electronic acceptance.

ELECTRONIC SIGNATURE AND ACCEPTANCE

By selecting “I Accept,” “Agree & Sign,” completing checkout, checking a box, typing your name, signing electronically, or otherwise indicating acceptance electronically, you agree that your electronic signature is the legal equivalent of your handwritten signature.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE, TERMS OF SALE, ASSUMPTION OF RISK, RELEASE OF LIABILITY, WARRANTY DISCLAIMER, LIMITATION OF LIABILITY, INDEMNIFICATION, AND ELECTRONIC SIGNATURE AGREEMENT. MY SIGNATURE CONFIRMS MY ACCEPTANCE OF THESE TERMS.

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July 23, 2021 11:18 am CST

TERMS OF USE, TERMS OF SALE, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY Uploaded by Chase Reinford - Info@exilebase.com IP 2605:59ca:2170:6110:900a:7ba5:edce:9b67