TERMS OF USE, WARRANTY & LIABILITY WAIVER
The Tarpestry Co. LLC, (herein “Tarpestry”) offers its products with the terms, conditions and notices as follows:
Terms of Use
This product is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices obtained. This product is created to be used either as a tarp or picnic blanket. Appropriate use include:
Hanging for shade;
Laying down as a mat/ground cover,
Rain protection;
Privacy hanging; and
Other potential desired uses for such referenced products.
Warning
The materials and layers of the product are not laminated, quilted, sewn together, or adhered together in any way and there is potential for the layers of the product to slip or slide when wet, on a slope, incline/decline, when approached with speed or force or other reasons the materials or layers might slip. Such slippage of materials and/or layers of the product could result in the user(s) slipping or falling, which could result in injury. Be aware of using the product in inclement weather conditions and/or on slopes as slippage and resulting falls could occur.
Exclusive Obligation
This product may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of its use.
Use Limitation
You may not modify, copy or reproduce this product, including the artwork and designs on it and included with it. Tarpestry’s blanket/tarps are made from various textiles for the purpose of being used as a picnic blanket or tarp. This product is not intended for use as a hammock and is not meant to support any weight. This product does not have fire retardant and should not be used to smother fires. In fact sparks or fire would potentially melt or burn the materials used. This product is for leisure use only and isn’t approved for use in emergency situations, and is not intended to be used for warmth. The Tarpestry blanket is not intended for use of actual shelter for extended periods of time. Outside of standard tarp and/or picnic blanket use, no other activities are suggested on a Tarpestry.
Limited Lifetime Warranty
This product is warranted against any defective material or workmanship for a period of twelve months from date of shipment. Any product determined by Tarpestry to be defective will be replaced in whole or part as determined by Tarpestry, but no labor costs or other claims for damages will be allowed. Products shall not be returned to Tarpestry without prior written authorization outside of Tarpestry’s standard return policy. For warranty claims, customers will need to reach out to Tarpestry at Info@Tarpestry.com, with description and images of alleged defect and evidence proof of purchase of the subject product. This does not include aesthetic issues, damage done via use by the customer, fabric fading or normal wear and tear. If the customer damages the item outside of the scope specified above the warranty period will be voided.
Limitation of Liability
In no event shall Tarpestry be liable for any direct, indirect, punitive, incidental, special consequential damages whatsoever arising out of or connected with the use or misuse of its products. Any and all customer or other liability claims based upon the product are limited to the price paid for the product.
Other Statements
Tarpestry employees or representatives, ORAL OR OTHER WRITTEN STATEMENTS, DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by the buyer, and is not part of the contract for sale or this limited warranty. There is no warranty other than that included herein.
Entire Obligation
The TERM OF USE, WARRANTY AND DISCLAIMER document states the entire obligation of Tarpestry 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 and liability disclaimers and 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.
General
This disclaimer statement is governed by the laws of the State of North Carolina, USA. You hereby consent to the exclusive jurisdiction and venue of the courts of competent jurisdiction in Watauga County, North Carolina, USA, for all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Modification of Terms and Conditions
Tarpestry reserves the right to change the terms, conditions and notices under which their products are offered.