Terms and conditions

Fiesta Ziesta Waiver and Terms and Conditions of Purchase

 

Upon making a purchase of any Fiesta Ziesta Product, You affirmatively agree to the following terms and conditions of purchase.

 

  1. General Instructions. Do not swing in hammock as fabric and support structures are not intended to support excessive force. We strongly recommend child supervision for all children that enjoy our handcrafted hammocks. Using any hammock carries inherent risk. ACCIDENTS HAPPEN, USE WITH CAUTION. Use at your own risk. Do not hang your hammock from dead trees. You are solely liable and independently responsible for the support fixtures you use to hang your hammock.   In addition to the disclaimers herein, we take no responsibility and disclaim any and all warranty to the fullest extend provided by law regarding any accidents which happen due to your choice of support fixture.

 

  1. Disclaimer of Express and Implied Warranties.  FIESTA ZIESTA PRODUCTS ARE SOLD “AS IS” WITHOUT ANY WARRANITES OF ANY KIND, FIESTA ZIESTA HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMTIATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, WHETHER OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.  You affirm that You have not relied upon Fiesta Ziesta’s skill, judgment, or craftsmanship to select these products for any particular purpose.   Fiesta Ziesta products shall not be modified, and shall be used in accordance with the product manual at all times. Fiesta Ziesta does not warrant the products will comply with the requirements of any safety or environmental code or regulation of any federal, state, municipality or other jurisdiction. Fiesta Ziesta products are specially crafted goods and should be used with caution when hanging from any structure whatsoever. Fiesta Ziesta disclaims all warranties with regard to the information provided on this website or other sites "hot linked" to this site.

 

 

  1. Limitation of Liability. YOU EXPRESSLY AGREE THAT NEITHER FIESTA ZIESTA NOR ITS SUPPIERS WILL UNDER ANY CIRCUMSATANCES BE LIABLE UNDER ANY THEORY OF RECOVERY, WHETHER BASED ON CONTRACT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), UNDER WARRANTY, OR OTHER OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER; DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT; LOSS OF PROFITS OR REVENUE; LOSS OF USE OF BUYER’S MATERIAL, EQUIPMENT, SYSTEMS, OR DAMAGE TO PROPERTY CAUSED BY BUYER, INCREASED COSTS OF ANY KIND, INCLUDING BUT NOT LIMITED TO CLAIMS OF CUSTOMERS ARISING OUT OF, USE OF OR IN CONNECTION WITH THE USE OR PURCHASE OF ANY FIESA ZIESTA PRODUCT.

 

UNDER NO CIRCUMSTANCES SHALL THE TOTAL AGGREGATE LIABILITY OF FIESTA ZIESTA UNDER ANY THEORY OF RECOVERY, WHETHER BASED IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), UNDER WARRANTY, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID TO ZIESTA UNDER THIS AGREEMENT.

 

  1. Indemnification. You agree to indemnify, defend and hold harmless Fiesta Ziesta, its officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, arising from or in any way related to use of any Fiesta Ziesta product or hammock, or resulting from any violation of these terms and conditions by You, or any claim that arises from Your negligent or wrongful conduct.

 

  1. Assumption of Risk. There are inherent risks in using hammocks that could result in serious physical injury, loss, damage to personal property, or even death. These risks include, without limitation: Cuts, bruises, sprains, broken bones, concussion, wildlife encounters, and paralysis. The undersigned assumes all risks and voluntarily elects to use this hammock in spite of the risks.

 

  1. Severability and Governing Law. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining parts will remain in full force and effect.   These Terms and Conditions shall be governed by California. These Terms and Conditions are binding upon Your heirs and successors.

 

  1. Release of Liability. In consideration of my purchase, I hereby release, waive and discharge Fiesta Ziesta, LLC dba Fiesta Ziesta and its owners, agents, employees, representatives, and volunteers ("Released Parties") from any and all claims, loss, damages or costs arising from my purchase of Fiesta Ziesta products. I agree that Fiesta Ziesta WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE FOR ANY REASON, whether arising from their ordinary NEGLIGENCE OR OTHERWISE, except for the gross negligence or willful misconduct by the Released Parties.

 

  1. Warranty of Condition and Emergency Care. I understand hammocks may involve strenuous activity. I warrant I am in a condition that will allow me to participate without harming myself or others. Fiesta Ziesta disclaims any investigation into my medical history or background, and is relying on my warranty.

 

  1. Consent: You, upon accessing this website, shopping, or ordering Fiesta Ziesta products, agree that You have read and hereby affirmatively accept the terms and conditions set forth herein. YOU FULLY UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE, AND ACCEPT SUCH TERMS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.