DISCLAIMER OF LIABILITY — IMPORTANT: PLEASE READ BEFORE USE
THIS PRODUCT IS NOT A HELMET AND DOES NOT GUARANTEE PROTECTION AGAINST HEAD INJURIES.
This product and the cap with which it is used are not certified, rated, or approved as protective headgear under any safety standard, including but not limited to standards established by the National Operating Committee on Standards for Athletic Equipment (NOCSAE), the Safety Equipment Institute (SEI), the American Society for Testing and Materials (ASTM), or the Consumer Product Safety Commission (CPSC). This product is not a substitute for a helmet or other certified and/or required protective equipment.
Assumption of Risk
Participation in baseball, softball and other athletic activities involves inherent risks, including the risk of serious head injury, concussion, and death, which may occur regardless of the protective measures taken. The use of this product does not eliminate or reduce those inherent risks. By using this product, the user, and, where the user is a minor, the parent or legal guardian of that minor, voluntarily assumes all risks associated with participation in athletic activity and with the use of this product.
No Warranty
This product is provided "as is" without warranty of any kind, express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose, or protection against injury. No representation that this product will prevent, reduce, or mitigate any head injury of any kind has been made by UHHP or any of its affiliates.
Limitation of Liability
To the fullest extent permitted by applicable law, UHHP, its owners, officers, employees, manufacturers, distributors, and retailers shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, concussion, traumatic brain injury, disability, or death, arising out of or related to:
The use, misuse, or failure of this product;
Reliance on this product for protection against head injury;
Failure to follow instructions, warnings, or safety guidelines;
Use of this product in combination with or as a substitute for certified protective headgear;
Use of this product by a minor, whether supervised or unsupervised.
Parental and Guardian Responsibility
If this product is used by a minor (any individual under the age of 18), the parent or legal guardian of that minor expressly assumes all risks associated with such use. By permitting a minor in their care to use this product, the parent or legal guardian acknowledges this disclaimer in full, agrees that UHHP bears no liability for any injury, harm, or loss arising from such use, and confirms that they have read and understood all warnings and instructions accompanying this product.
It is the exclusive responsibility of the parent or legal guardian to determine whether this product is appropriate for the minor's use, to supervise use accordingly, and to ensure that the minor is wearing all appropriate certified protective equipment required or recommended for their athletic activity.
Proper Use
This product is intended solely for use as an insert in a standard baseball ball cap. It is not intended for use in any other sport, activity, or context. Any modification, improper installation, or use outside of its intended application voids any representations made by UHHP and may increase the risk of injury.
Acknowledgment
By purchasing or using this product, you acknowledge that you have read, understood, and agreed to this disclaimer on your own behalf and, where applicable, on behalf of any minor in your care. If you do not agree to these terms, do not use this product.
DEMO AND TRIAL PROGRAM — DISCLAIMER OF LIABILITY AND PARTICIPATION AGREEMENT
PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE PARTICIPATING IN ANY PRODUCT DEMONSTRATION OR TRIAL PROGRAM OFFERED BY UHHP. BY PARTICIPATING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS BELOW.
Nature of the Program
UHHP periodically offers product demonstration and trial programs ("Demo Program") that allow participants to use, test, or evaluate products prior to or independent of purchase. Products made available through the Demo Program are provided on a temporary, as-is basis for evaluation purposes only. Participation in the Demo Program does not constitute a sale, transfer of ownership, or warranty of any kind with respect to any product.
Assumption of Risk
Participation in the Demo Program involves the voluntary use and handling of products that may carry inherent risks, including the risk of personal injury, property damage, or other harm. Participant acknowledges that they are aware of those risks and voluntarily assumes all risks associated with participation in the Demo Program and the use, testing, or handling of any product made available through it, whether or not such risks are foreseeable at the time of participation.
Disclaimer of Warranties
All products made available through the Demo Program are provided "as is" and without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, safety, or performance. UHHP makes no representation that any product made available through the Demo Program is free from defects, safe for any particular use, or suitable for the participant's intended purpose.
Limitation of Liability
To the fullest extent permitted by applicable law, UHHP, its owners, officers, employees, agents, representatives, manufacturers, and distributors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages — including but not limited to personal injury, property damage, financial loss, or death — arising out of or related to:
Participation in any product demonstration or trial program event or activity;
The use, misuse, handling, or failure of any product made available through the Demo Program;
Any act or omission of UHHP staff, representatives, or other participants during the Demo Program;
Reliance on any representation, instruction, or guidance provided during the Demo Program;
Any condition of the premises or venue at which a demonstration or trial event takes place;
Termination, modification, or cancellation of the Demo Program at any time and for any reason.
Participant Responsibilities
Participant agrees to:
Use any demo or trial product only for its intended purpose and in accordance with all instructions and safety guidelines provided;
Immediately report any product defect, malfunction, or safety concern to a UHHP representative;
Return all demo or trial products in the same condition as received, reasonable wear excepted, upon request or at the conclusion of the trial period;
Refrain from modifying, disassembling, or repurposing any demo or trial product;
Comply with all applicable laws, regulations, and venue rules during participation.
No Endorsement or Guarantee of Results
Participation in the Demo Program does not guarantee any particular outcome, performance result, or experience. Any descriptions of product performance provided during a demonstration are illustrative only and may not reflect results achievable under all conditions or by all users.
Minors
If a participant is under the age of 18, a parent or legal guardian must review and agree to this disclaimer on the minor's behalf prior to participation. By permitting a minor in their care to participate in the Demo Program, the parent or legal guardian assumes all risks associated with such participation and agrees that UHHP bears no liability for any injury, harm, or loss arising therefrom.
Indemnification
Participant agrees to indemnify, defend, and hold harmless UHHP and its owners, officers, employees, agents, and representatives from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to participant's use or misuse of any demo or trial product, participant's violation of these terms, or participant's negligent or wrongful conduct during the Demo Program.
Modification and Termination
UHHP reserves the right to modify, suspend, or terminate the Demo Program, or any participant's access to it, at any time and without notice or liability.
Governing Law
This disclaimer shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.
Acknowledgment
By participating in any product demonstration or trial program offered by UHHP, you acknowledge that you have read and understood this disclaimer, that you agree to its terms, and that your participation, and any minor’s participation is voluntary.