By purchasing the FX Throttle, you expressly agree to the terms and conditions below.

PRODUCT LIABILITY DISCLAIMER and TERMS AND CONDITIONS, WARRANTY & LIABILITY WAIVER

Applicable state law notwithstanding, purchasers and users of FX Throttle products agree and accept to be bound by the following terms, conditions and notices. By the act of purchasing FX Throttle products, you agree to accept these terms and conditions of sale without exception, regardless of where purchased.

Please carefully review the following terms and conditions as they apply to all sales and uses of products sold by FX Throttle. The following terms and conditions include limited warranties and disclaimers of liabilities. By purchasing, keeping, using or allowing use of FX Throttle's products indicates your assent and agreement to all of these terms. No verbal or implied agreements are valid unless explicitly agreed to in writing.

Terms of Sale

The sale of FX Throttle products is conditioned upon the buyer’s acceptance, without modification, of the terms, conditions, and notices contained herein. Purchasers agree and accept that FX Throttle, LLC, its owners, officers, directors, employees, agents, affiliates, parent, subsidiaries, permitted successors and assigns shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages to property or life, whatsoever arising out of or connected with the use or misuse of our products.

FX Throttle accepts no liability whatsoever for the safety of any of our products. It's the rider's responsibility to ride at their own skill level and maintain their ebike or emoto and FX Throttle so that it is safe to ride. You accept these products as-is with all faults (within warranty guidelines, please see below). You agree to use these products at your own risk. Risks include but are not limited to bodily harm, loss of control, electric shock, electrocution, property damage, disability, and death.

Any alterations or modifications to any of FX Throttle’s products in any respect by any person not employed or authorized by FX Throttle, will cause all such warranties to be canceled and void. This Limited Warranty does not cover normal wear and tear, or any damage, failure, or loss of control caused by improper assembly/installation, maintenance, storage or misuse of our products. This Limited Warranty shall be null and void if our products are ever used or installed in a manner other than for recreation or transportation, modified or adjusted in any way, rented, or improperly installed.

FX Throttle Purchasers assume full responsibility to ensure that FX Throttle products are correctly installed and used in accordance with FX Throttle’s instructions and recommendations.

If you do not agree to these terms, please do not complete your purchase. If already placed, you may cancel your order for a complete refund.

Limited Repair/Replacement Warranty

Our products are warranted against any manufactured defect for a period of up to 12 months from date of delivery. FX Throttle shall reserve its right to determine whether to repair or replace our warranted products. Claims made under this warranty must be made in writing and presented to FX Throttle within 12 months from date of delivery.

High Risk Activity

Products sold by FX Throttle, such as the FX Twist Throttle, are used in sporting activities known as "e-biking," "e-motorcycling", etc.

Participation in these activities is associated with a high level of personal risk. Risks include, but are not limited to, serious physical injury, electric shock or electrocution, disability or death. You participate in this activity at your own risk and assume all liability.

Assumption of Risk

By purchasing, using, or allowing the use of FX Throttle's products, you understand and agree that sporting activities including riding ebikes or emotors, or any racing, whether officially sanctioned or not, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF FX Throttle, including but not limited to, equipment malfunction from whatever cause, or any other fault of FX Throttle’s products.

Purchaser agrees to indemnify, defend and hold harmless FX Throttle, LLC., and its owners, officers, directors, employees, agents, affiliates, parent, subsidiaries, permitted successors and assigns from and against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, penalties, injuries, setoffs, liens, attachments, judgments, debts, costs, expenses (including without limitation attorneys' fees and expenses) or other liabilities of every character whatsoever (collectively, "Liabilities") for property damage, bodily injury, sickness, and/or disease, including death, or for economic or environmental injury or damages sustained by any person or entity arising out of:

• the negligent acts, omissions, negligence or willful misconduct of Purchaser in the performance of its obligations pursuant to these terms and conditions;

• any misrepresentation made by Purchaser related to his/her purchase subject to these terms and conditions;

• any breach of these terms and conditions by Purchaser; or

• the failure of Purchaser to comply with, and any liabilities arising under, any applicable law. For the sake of clarity, the parties agree that consequential damages suffered by a third party which are an element of loss subject to indemnification hereunder shall be considered direct damages hereunder.

Modification of FX Throttle

Modification of the FX Throttle through the use or misuse of FX Throttle products (or via VESC-Tool) can lead to vehicle malfunction or fire, causing serious risk. Risks include, but are not limited to, vehicle damage, property damage, bystander injury, electric shock, electrocution, fire, serious physical injury, disability or death. You are responsible for any modifications you perform on your or anyone else’s FX Throttle. Modifications, depending on which they are, may void your FX Throttle's warranty. If in doubt contact sales@fxthrottle.com for clarification or advice.

FX Throttle is not responsible, and will not be held liable for any modifications made to the FX Throttle, through the use or misuse of its product, even if the modifications include, but are not limited to, bypassing or eliminating vehicle safety features, or improper installation and adjustment of FX Throttle products.

Limitation Of Warranty

As set forth above under the limited warranty provisions, FX Throttle’s warranty is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall FX Throttle’s liability exceed the value of the product(s) sold.

No Reverse Engineering

In purchasing FX Throttle products, purchaser agrees to not decompile, reverse engineer, disassemble, isolate, separate, or otherwise attempt to derive source code or physical form of assembly, including proprietary methods of construction and/or operation, which may be further protected by patents, copyright, or other legal means. Purchaser agrees to not reverse engineer, copy, or duplicate any FX Throttle products, whether for personal use or public sale.

Many FX Throttle features on the FX Throttle are protected by U.S. and international patents, patents pending, and copyright.

Inspect Before Each Use

Our products must be inspected for use to ensure it has not been damaged in shipment. Additionally, products must be verified before each ride for proper operation, or after any crash, no matter how minor. If damaged, do not use and immediately notify FX Throttle, LLC. for a replacement or repair.

Entire Obligation

This Terms and Conditions of Sale document states the entire obligation of FX Throttle, LLC, with respect to all products sold. 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.

Applicable Law

Your order from FX Throttle, LLC., and this disclaimer statement are governed by the laws of the State of Delaware. You hereby consent to the exclusive jurisdiction of Delaware, in 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

FX Throttle, LLC., reserves the right to change the terms, conditions, and notices under which its products are offered, without notice.