Product Liability Waiver

Visual Workplace Inc.(“Visual Workplace”) offers its products to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your continued use of the products constitutes your agreement to the terms, conditions, and notices contained herein.

California Proposition 65 Warning to California Residents

Visual Workplace provides this Proposition 65 warning to comply with California’s Proposition 65 labeling law. Proposition 65 requires Visual Workplace to provide California consumers with notice when products that it sells exceed the “no significant risk” level or where Visual Workplace has knowledge that a listed chemical is contained within its products.

Due to the number of products that Visual Workplace sells, and in an abundance of caution, we have chosen to place the Proposition 65 warning on all of our products. Products sold through the Website may be below the “no significant risk” level or may not contain a chemical listed by the State of California at all. However, Visual Workplace has chosen to still notify consumers to ensure its compliance with California law.

Therefore, we provide the following notice:

WARNING: Products sold through the Website may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. You are instructed to wash your hands after handling any products purchased through the Website and to keep all products away from children.

For more information on Proposition 65, please visit: https://www.p65warnings.ca.gov/.

The products have been designed for the specific use designated within their accompanying instructional materials or as displayed on the Visual Workplace website. The products may not be used for unlawful uses or for uses not expressly stated in the instructional materials

Visual Workplace does not represent or warrant that the use of the products will have the results described in the accompanying documentation or that the information provided with any product is complete, accurate, or useful. You should test the product to determine its properties and suitability for your intended use.

VISUAL WORKPLACE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT. THIS PRODUCT IS PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.

VISUAL WORKPLACE WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THIS PRODUCT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. IN NO EVENT WILL VISUAL WORKPLACE’S LIABILITY EXCEED THE VALUE OF THE PRODUCT(S) SOLD.

You agree to indemnify, hold harmless, and defend Visual Workplace, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the product.

YOU UNDERSTAND AND AGREE THAT THE USE OF VISUAL WORKPLACE’S PRODUCTS AND THE CIRCUMSTANCES IN WHICH THE PRODUCTS MAY BE USED MAY INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, BUT NOT LIMITED TO, PERMANENT DISABILITY, PARALYSIS, AND DEATH. YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITIES FOR LOSSES, COSTS, AND DAMAGES THAT YOU MAY INCUR AS A RESULT OF YOUR USE OF THE PRODUCTS. WILL NOT MAKE VISUAL WORKPLACE RESPONSIBLE FOR THE RISKS AND DANGERS INHERENT IN DANGEROUS SITUATIONS.

WARNING: NOT INTENDED FOR CHILDREN. Visual Workplace sells high quality safety equipment and tactical gear. The products sold are NOT intended for use by children. Some products are sold for use on children and to protect children but are only to be used and operated by adults.

The product liability disclaimer document states Visual Workplace’s entire obligation with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable, or illegal, including, but not limited to the warranty disclaimers, liability disclaimers, or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.