CinchTrax™ Terms & Conditions

PRODUCT DISCLAIMER

Please note, CTx™ is not responsible for damage to your machine or the CTx™ device due to not properly checking your clearances prior to use. 

TERMS OF USE, WARRANTY & LIABILITY WAIVER 

CTx™ LLC offers its products with the terms, conditions and notices as follows. The following terms and conditions apply to all sales and uses. Please review carefully. These terms and conditions include limited warranties and disclaimers of liabilities. Keeping, using or allowing use of CTx™ LLC products indicates your agreement to these terms. If you do not wish to agree to these terms, you have 10 days from the date of purchase to return the unused product. 

TERMS OF USE 

This product is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. 

EXCLUSIVE OBLIGATION 

This product has been designed to enhance traction of rubber continuous tracks but was neither designed nor manufactured as a product to replace the original capability of the machine’s intended purpose. 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, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, any information, software, products or services obtained, from CTx™ LLC website or its products. 

LIMITED REPLACEMENT WARRANTY 

This product is warranted against any manufactured defect for a period of 12 months from the date of purchase with proof of purchase. CinchTrax™ does not warranty or replace damaged devices from improper or extreme use. 

HIGH RISK ACTIVITY 

Products sold by CTx™ LLC include devices intended to enhance traction on snow, ice- or mud-covered surfaces. Participation in using this device is associated with a high level of risk when traveling on slick or hazardous surfaces that may go beyond the machine and devices capability. Risks include but are not limited to serious physical injury, severe damage to the rubber tracks and/or machine, disability and/or death. You participate in using this product on your equipment/machinery at your own risk. 

ASSUMPTION OF RISK 

By buying, using, or allowing the use of CTx™ LLC products, you understand and agree that extreme use of your machine including but not limited to snow removal, excavation and/or slope/grade work on snow, ice or mud covered surfaces are high risk operations and, 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 including but not limited to equipment malfunction from whatever cause, or any other fault of CTx™ LLC. Additionally, you agree to indemnify, defend, and hold CTx™ LLC harmless to any third-party claims arising from such High-Risk Activities or any other CTx™ LLC products.

MACHINERY MODIFICATION 

Modification of continuous rubber tracks, such as compact track loader machinery, through the use or misuse of CTx™ LLC products can lead to machinery malfunction causing serious risk. Risks include but are not limited to vehicle damage, serious physical injury, disability and/or death. You are responsible for any modifications you perform on your or anyone else’s machinery using CTx™ LLC products. CTx™ LLC is not responsible and will not be held liable for any modifications done to machinery, such as compact track loaders, through the use or misuse of its product, even if the modifications include but are not limited to, bypassing or eliminating vehicle safety features, installing parts that go against the vehicle manufacturer safety regulation and standards, and/or improper installation and adjustment of CTx™ LLC products. 

LIMITATION OF LIABILITY 

As set forth above under the limited warranty provisions, CTx™ LLC liability is limited to repair or replacement of its products which are returned to it in the specified period of time. In no event shall CTx™ LLC liability exceed the value of the product(s) sold. In no event shall CTx™ LLC be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of any of its products. 

WARNING 

Use and misuse of products sold by CTx™ LLC involves serious risks including injury, disability and death. Purchasers assume all risks. 

INSPECT BEFORE EACH USE 

This product must be inspected for use to ensure it has not been damaged. If damaged, do not use and immediately return the product to CTx™ LLC for a replacement. 

ENTIRE OBLIGATION 

The product liability disclaimer document states the entire obligation of CTx™ LLC 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. 

APPLICABLE LAW 

Your order from CTx™ LLC and this disclaimer statement are governed by the laws of the State of Idaho. You hereby consent to the exclusive jurisdiction and venue of the Supreme Court of Idaho, 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 

CTx™ LLC reserves the right to change the terms, conditions, and notices under which its products are offered.