Conditions of Receiving and Using Information/ Products/ Designs/ or any other files:
As a condition of you receiving and using the above or attached information or files from Matthew Zimmerman and / or Zimm Design LLC, you acknowledge and agree: (1) you will obtain your own engineering analysis and expert's recommendations before placing any order, or using Matthew Zimmerman’s and / or Zimm Design LLC products or designs, information or recommendations for your application; (2) you are solely responsible for determining the proper application and use of any products or designs provided by Matthew Zimmerman and / or Zimm Design LLC; (3) Matthew Zimmerman and / or Zimm Design LLC only produces and sells products to your specifications, and does not guaranty any product or design performance or results; (4) Matthew Zimmerman and / or Zimm Design LLC makes no representation or warranty as to the accuracy or sufficiency of any information or recommendation it provides to you; (5) Matthew Zimmerman and / or Zimm Design LLC makes no warranties, express or implied, as to its product's merchantability or fitness for any particular purpose; (6) Matthew Zimmerman and / or Zimm Design LLC will have no liability to you or any other party for loss of property, loss of profits, special, incidental, consequential, or punitive damages arising out of the use or inability to use the equipment in which the product is installed, indirect or other similar damages arising from breach of warranty, breach of contract, negligence, or any other legal theory, even if Matthew Zimmerman and / or Zimm Design LLC or its agent was advised of the possibility of such damages; (7) in no event will Matthew Zimmerman’s and / or Zimm Design LLC's liability exceed the designs or products purchase price paid by you to Matthew Zimmerman and or Zimm Design LLC; (8) You agree to defend, indemnify, protect and save harmless Matthew Zimmerman and / or Zimm Design LLC against all damages, claims, demands, judgments, and any and all of the costs including, but not limited to attorney’s fees that are incurred, claimed or resulting from: infringement of patents, inventions, designs, copyrights or trade names, or negligence with respect to the goods manufactured, either in whole or in part to your plans and specifications or from tooling that you provide or Matthew Zimmerman and / or Zimm Design LLC provides; and (9) no condition stated by you in contracting with Matthew Zimmerman and / or Zimm Design LLC will be binding on Matthew Zimmerman and / or Zimm Design LLC if in conflict with, inconsistent with, or in addition to these terms.