X-1 General Warning Statement and Disclaimer
WARNING: Firearms, by their very nature can be lethal.
The Aviator Arms X-1 Biaxial Recoil Device (herein referred to as X-1) is designed to be installed on AR-15 receiver, creating an AR-15 platform pistol that is significantly shorter than any other firearm built on this platform. A pistol built using the X-1 may cause property damage, injury or death if the X-1 is improperly installed or the firearm is misused. The X-1 is a unique component that requires proper installation and user training for safe operation. It is imperative that the X-1 only be installed, adjusted, and/or repaired by a certified gunsmith. Failure to use a certified gunsmith to install your X-1 may expose you to serious liability.
Improper installation, use, or tampering with the X-1’s internal components will void the warranty and may lead to injury, property damage or death. Never alter any component of the X-1 and do not operate a firearm with any missing, damaged, or worn components, including the components of the X-1 recoil device. After proper installation it is imperative that all users seek qualified training on use of their AR-15 pistol built with the X-1 recoil device. The much shorter profile and externally reciprocating action of an X-1 pistol presents the need for platform specific training and operating technique.
The purchaser, installer, and user of the X-1 are solely responsible for ensuring they are in full compliance of all federal, state, and local laws before purchasing, installing, or operating the X-1 or a firearm with the X-1 installed. If in doubt, it is imperative that you contact your local law enforcement or ATF office to seek clarification. The end user of a firearm with the X-1 included as a component ultimately bears all legal responsibility for possession, storage, and use of that weapon and furthermore agrees to the following:
1. COMPREHENSION OF RISK:
The X-1 is a reciprocating mechanism. This can pose a risk to the user as this mechanism travels at a high rate of speed and with great force. A travel indicator has been provided and must be used at all times while using the X-1. By purchasing and/or using the X-1, you comprehend the inherent risk of operating a firearm with this device installed as a component, including without limitation of liability: injury, property loss/damage, legal liability, or death as a result of improper installation, use, misuse, tampering, and/or abuse of the X-1.
2. ASSUMPTION OF RISK:
By purchasing and/or using the X-1 or a firearm with the X-1 installed as a component you assume all inherent risk and personal responsibility, including without limitation of liability: injury, property loss/damage, legal liability, or death as a result of improper installation, use, misuse, tampering, and/or abuse of the X-1.
3. WAIVER AND RELEASE OF LIABILITY:
By purchasing and/or using the X-1 or a firearm with the X-1 installed as a component, you waive and release any claim for damages, indemnity, or reimbursement against Aviator Arms LLC for any claims, fines, or damages imposed upon you for use of X-1. In addition, you agree to release Aviator Arms LLC (including its independent contractors, affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors) from any and all claims, actions, damages, liabilities, losses, costs and expenses (including, without limitation. attorney fees) for death, injury, loss, or damage of property in any way arising out of the purchase and use of the X-1.
By purchasing or using the X-1 or a firearm with the X-1 installed as a component, you agree to accept responsibility for your use of the product and any consequence or fine imposed upon you by any government entity or third party and to indemnify and hold harmless Aviator Arms LLC for any claims made resulting from your use of the X-1.
5. TRANSFER OF PRODUCT:
If you sell, lease, or allow another person or entity to borrow or use, or in any way, or transfer the X-1 to any other person or entity, you agree, as a condition of purchasing the X-1, to accept full and sole responsibility for ensuring that such person or entity is fully aware and agrees to the term and conditions set forth herein and in the Terms. You shall accept full responsibility and liability if you fail to disclose these terms and conditions and the Terms to a third-party purchaser without first providing acknowledgement and acceptance by the third-party purchaser of the terms and conditions set forth herein and in the Terms.
6. LIMITATION OF LIABILITY.
BY PURCHASING AND/OR USING THE X-1, YOU AGREE THAT: (A) IN NO EVENT SHALL AVIATOR ARMS LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT AVIATOR ARMS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE; (B) IN NO EVENT SHALL AVIATOR ARMS LLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE GOODS WHICH GIVES RISE TO THE CLAIM. ANY ACTION, SUIT, OR PROCEEDING EITHER AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THE TRANSACTION(S) CONTEMPLATED UNDER THIS AGREEMENT SHALL NOT BE HAD OR MAINTAINED UNLESS THE ACTION SUIT OR PROCEEDING IS COMMENCED WITHIN ONE (1) YEAR OF THE TIME OF ACCRUAL THEREOF; AND (C) IN NO EVENT, REGARDLESS OF CAUSE, SHALL AVIATOR ARMS LLC BE LIABLE FOR THE ACTS OR OMISSIONS OF YOU OR THIRD PARTIES.
7. BINDING EFFECT:
By purchasing the X-1 or a firearm with the X-1 installed as a component you agree that this waiver shall be binding upon you as well as your next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Aviator Arms LLC and the successors and assigns of Aviator Arms LLC.
If any provision of this Waiver and Release is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver and Release will be construed as if not containing such provision and the right and obligations of the parties will be construed and enforced accordingly:
9. GOVERNING LAW:
This Waiver and Release shall be governed in all respects by the laws of the state of Ohio without regard to conflict and law principles. Any action or claim against Aviator Arms LLC shall be brought in arbitration as set forth in the Terms and Section 10 below. BY PURCHASING AND/OR USING ANY PRODUCT SOLD BY AVIATOR ARMS, LLC, YOU WARRANT AND REPRESENT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN SELLER’S GENERAL TERMS AND CONDITIONS FOR THE SALE OF GOODS (THE “TERMS”) LOCATED ON SELLER’S WEBSITE AT https://aviatorarmsusa.com/termsandconditions/ , WHICH SHALL BE INCORPORATED INTO AND ARE AN INTEGRAL PART HEREOF AS IF FULLY REWRITTEN HEREIN. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND THE X-1 CONSUMER WARNING STATEMENT, THESE TERMS SHALL GOVERN AND CONTROL
10. DISPUTE RESOLUTION: ARBITRATION
As set forth more fully in the Terms, to the extent permitted by applicable law, any controversy or claim arising out of or relating to the product, its design, functionality or materials, or this contract, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Under this arbitration provision, you give up the right to resolve any controversy or claim arising out of or relating to the product, including its design, functionality, materials, or this contract by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations. The parties specifically agree to the binding nature of the arbitration.
While we sincerely value every Aviator Arms LLC customer, there is no necessity for anyone to own a X-1 or a firearm with the X-1 installed as a component. There are many other high-quality firearms, firearm components, and accessories that the consumer may purchase instead of our products. Please take your time in deciding whether to purchase the X-1 bi-axial recoil device or a firearm with the X-1 installed as a component. We intend to maintain supply, so please do not rush this important decision. Please contact Aviator Arms LLC if you have any questions. However, if for any reason the conditions set forth in this agreement are unacceptable to you, then do not purchase this product. If you have already purchased the X-1 or a firearm with the X-1 installed as a component and you do not agree to the terms set herein, promptly return the product in un-installed and/or un-used and new condition to your point of purchase. Refund terms will be set by each independent retailer.
THIS IS A WAIVER AND RELEASE OF LIABILITY. YOU AGREE TO THIS ENTIRE DOCUMENT. YOU AGREE TO ALL OF THE PROVISIONS HEREIN AND UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ALL OF THE PROVISIONS. BY PURCHASING, AND CONTINUING TO RETAIN THESE PRODUCTS, YOU ARE INDICATING YOUR VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELASE OF LIABILITY.