WARNING AND DISCLAIMER

NO PRODUCTS OR SERVICES (COLLECTIVELY, “PRODUCTS”) PROVIDED BY QUINTESSENTIAL DESIGN, INC. OR ITS AFFILIATES (COLLECTIVELY, “QUIN”) ARE GUARANTEED TO OPERATE AS INTENDED IN ANY PARTICULAR SITUATION. ALTHOUGH CERTAIN QUIN PRODUCTS HAVE BEEN DESIGNED TO DETECT CRASHES OR OTHER IMPACTS AND PROVIDE EMERGENCY NOTIFICATION SERVICES, THESE PRODUCTS MAY NOT OPERATE AS INTENDED DUE TO VARIOUS CAUSES OR CIRCUMSTANCES, INCLUDING DAMAGE TO THE PRODUCT FROM IMPACT, MISUSE BY A USER, OR AN INABILITY TO COMMUNICATE DUE TO LACK OF SERVICE. NO IMPACT DETECTION SYSTEM WILL PROTECT A USER FROM INJURIES.

IN MANY CASES, QUIN RELIES ON THIRD-PARTY PARTNERS (PUBLIC AND PRIVATE) FOR THE OPERABILITY OF ITPRODUCTS’ EMERGENCY NOTIFICATION SERVICES, AND QUIN DOES NOT CONTROL, NOR CAN IT GUARANTEE, THE AVAILABILITY OR EFFECTIVENESS OF SUCH PARTNERS’ SERVICES, NOR CAN IT PROVIDE ANY ASSURANCES THAT A USER WILL NOT INCUR COSTS ASSOCIATED WITH UTILIZING SUCH PARTNER SERVICES (WHICH COSTS MAY, IN CERTAIN CIRCUMSTANCES, BE SUBSTANTIAL). USERS ARE WARNED NOT TO REMOVE, REPOSITION OR OTHERWISE TAMPER WITH ANY QUIN PRODUCTS IN ANY HEADGEAR, MASK, SAFETY SEAT, BODY ARMOR, HARNESS, BOOTS, GLOVES, BICYCLES, PROTECTIVE GEAR, OR OTHER EQUIPMENT, OR RELY ON THEIR USE IF DAMAGED OR DISPLACED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUIN DOES NOT WARRANT THAT A PRODUCT’S S.O.S. BEACON SYSTEM WILL AUTOMATICALLY BE TRIGGERED, OR BE MANUALLY TRIGGERABLE, IN THE EVENT A USER SUFFERS A COLLISION, FALL, OR OTHER BLOW TO THE BODY OR OTHERWISE ATTEMPTS TO UTILIZE SUCH SYSTEM.

QUIN’S PRODUCTS ARE NOT MEDICAL OR DIAGNOSTIC DEVICES AND NO INFORMATION MADE AVAILABLE TO A USER OR ANY OTHER PERSON THROUGH USE OF A QUIN PRODUCT SHOULD BE USED OR RELIED ON TO MAKE MEDICAL DECISIONS. QUIN DOES NOT GUARANTEE THAT ITS PRODUCTS WILL DETECT ANY PARTICULAR (OR ALL) IMPACTS, OR THAT ANY INFORMATION GENERATED BY A QUIN PRODUCT WILL BE ACCURATE OR COMPLETE IN ANY RESPECT. ADDITIONALLY, QUIN CANNOT GUARANTEE THAT ANY “NEAR FIELD COMMUNICATION” TAGS IN ANY OF ITS PRODUCTS WILL, IN ANY PARTICULAR CIRCUMSTANCE, OPERATE AS INTENDED TO ALLOW EMERGENCY RESPONDERS, EMERGENCY CONTACTS AND/OR ANY OTHER THIRD PARTIES TO RECEIVE OR ACCESS ANY INFORMATION STORED THEREON, WHETHER SUCH FAILURE IS DUE TO DAMAGE TO THE TAG OR OTHERWISE.

USERS ASSUME ALL RISKS, INCLUDING ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF A USER’S ACTIVITIES WHILE UTILIZING ANY QUIN PRODUCT(S). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THOSE CONTAINED IN UCC SECTIONS 2-314 AND 2-315.