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PRODUCT SAFETY WARNING, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY

1. NATURE OF THE PRODUCT (NOT A HARD CUP) Aurora Sport LLC ("Aurora Sport") manufactures a "soft," flexible athletic cup utilizing non-Newtonian fluid technology. WARNING: THIS PRODUCT IS NOT A TRADITIONAL HARD ATHLETIC CUP. While designed to harden upon impact, it provides LESS PROTECTION than a rigid plastic, steel, or carbon-fiber cup. It is designed for comfort and flexibility, and by its nature, sacrifices a degree of impact protection to achieve these goals. It will not prevent all injuries.

2. ASSUMPTION OF RISK

By purchasing or using this product, you explicitly acknowledge and agree that:

  • Participation in contact sports (including but not limited to MMA, football, hockey, lacrosse, baseball, and martial arts) involves inherent, unavoidable risks of severe bodily injury.
  • The Aurora Sport cup does not guarantee protection against impacts, collisions, or projectiles.
  • SPECIFIC INJURY WARNING: Use of this product may result in injuries that a traditional hard cup might have prevented, including but not limited to: testicular rupture, torsion, contusion, infertility, reproductive harm, groin injury, permanent disability, and death.
  • YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, associated with the use of this product, even if arising from the negligence of Aurora Sport.

3. PARENTS AND GUARDIANS

If you are purchasing this product for a minor (under the age of 18): You, as the parent or legal guardian, acknowledge the risks detailed above on behalf of the minor. You agree to instruct the minor on the limitations of this "soft" protection and agree to indemnify and hold harmless Aurora Sport for any injuries sustained by the minor while using the product.

4. "AS IS" AND DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, THIS PRODUCT IS PROVIDED "AS IS." AURORA SPORT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATION THAT THIS PRODUCT COMPLIES WITH SPECIFIC SPORTING REGULATIONS OR SAFETY STANDARDS UNLESS EXPLICITLY STATED.

5. RELEASE OF LIABILITY AND WAIVER

In consideration of being allowed to purchase and use this product, you hereby release, waive, and discharge Aurora Sport LLC, its owners, officers, employees, agents, and manufacturers (the "Released Parties") from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, or injury (including death) that may be sustained by you or your property, whether caused by the negligence of the Released Parties or otherwise.

6. CALIFORNIA RESIDENTS: WAIVER OF CIVIL CODE §1542

If you are a resident of California, you expressly waive the protection of California Civil Code §1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL AURORA SPORT’S AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCT. AURORA SPORT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

8. GOVERNING LAW AND ARBITRATION

This Disclaimer shall be governed by the laws of the State of California. AGREEMENT TO ARBITRATE: Any dispute or claim arising out of or relating to this product or this agreement shall be settled by binding arbitration in [County, e.g., Los Angeles County], California, rather than in court. You hereby waive your right to a jury trial and agree that any proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.