Use of Device and Limited Product Warranty
USE OF DEVICE
The One Stretch is a device designed to facilitate the exercise and stretching of the calf and related areas of the leg and ankle. Stretching and exercise of the calf, when done properly, has been shown to alleviate and, in many instances, eliminate heel pain. No matter how simple these stretching exercises may seem, problems may occur as a result of this activity, particularly if there are known or unknown pre-existing conditions. Although the risk of these problems occurring is very slight, the possible side effects or injuries which may occur from using the One Stretch device and performing the recommended stretching exercises, include, but are not limited to, Achilles tendon rupture, stress fracture of a foot bone, tendonitis, mid foot or ankle pain, aggravation of pre-existing arthritic conditions, temporary back pain and spur impingements. If you have a history of injury to your Achilles tendon or ankle, or if you have any concerns or questions about your heel pain or the stretching and exercise activities recommended in this guide, you should consult your physician before performing these stretching and exercise activities. For further information about heel pain and use of the One Stretch please visit our website.
Loco-Motion Productions, LLC (“Loco-Motion”) warrants to the original purchaser only, that the One Stretch Device (the “Device”) will be free from defects in material or workmanship for a period of one year from date of purchase. If the Device is found to be defective as determined by Loco-Motion’s inspection, or if you are not otherwise completely satisfied with the Device, and you notify us within one (1) year of shipment, you may return it to Seller, postage prepaid to the address set forth below, along with your name and address and a brief description of the problem. Upon receipt, we will at our option, correct any defect, replace the Device, or refund the purchase price. Under no circumstances shall Loco-Motion be responsible for or have any liability for any compensatory, special, consequential or lost profit damages. The warranties set forth herein are in lieu of all other warranties, express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose.
Loco-Motion Productions, LLC DBA One Stretch, 3219 Clifton Ave, STE 300, Cincinnati, OH 45220 USA
Claims Excluded From This Warranty
The Company is not responsible for claims relating to any of the following: (1) any type of defacing, including scratches, dents, chips, tears, or defacing on any surface of the Device not caused by the Company or its manufacturer; (2) damage from abuse or misuse; (3) deterioration of general appearance due to use and exposure; (4) damage caused by acts of God or terrorism; (5) damage caused by theft or vandalism; and (6) damage caused by normal wear and tear. In addition, THIS WARRANTY SHALL BE VOID IN THE EVENT ANY REPAIR OR MODIFICATION IS MADE TO THE DEVICE BY ANY PERSONS OR COMPANY OTHER THAN LOCO-MOTION.
The Company’s sole obligation under this Warranty and Purchaser’s sole remedy is for the Company to either repair or replace any product covered by this Warranty.
LIMITATION OF LIABILITY
IN CONNECTION WITH THIS WARRANTY, THE COMPANY EXCLUDES ALL LIABILITY, WHETHER BASED ON CONTRACT (EXPRESS OR IMPLIED), TORT, OR PRODUCT LIABILITY, FOR ANY DAMAGES TO THE PURCHASER OR ANY OTHER PARTY OTHER THAN REPAIR OR REPLACEMENT OF ANY DEFECTIVE ITEM AS SET FORTH IN THIS WARRANTY. THE COMPANY ALSO SHALL NOT BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR LOSS OF REVENUE, PROFITS, LOSS OF BUSINESS, LOSS OF USE OF THE PRODUCT, ATTORNEY FEES, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, MAINTENANCE, USE OR FAILURE OF THE PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF IMPLIED WARRANTIES
THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OTHER THAN AS SPECIFICALLY SET FORTH IN THIS WARRANTY. THE PRODUCT IS SOLD “AS IS” AND NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH DESCRIPTION, EXIST. THIS LIMITED WARRANTY DOES NOT COVER ANY FAILURE OF THE DEVICE PURCHASED RESULTING FROM CAUSES OTHER THAN PRODUCT DEFECTS, INCLUDING BUT NOT LIMITED FAILURES RELATING TO ABUSE, IMPROPER USE, OR ANY OTHER SUCH CAUSE. If any provision of this Warranty is held to be illegal or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain effective. Some states do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers or the limitation of liability for personal injury, so the limitations and exclusions above may be limited in their application. When the implied warranties cannot be excluded in their entirety, they will be limited to the duration of the express written terms of this Warranty.