Product Usage Terms and Legal Disclaimers for Crosstoner

1. Introduction

The Crosstoner is a portable exercise and strength training device designed for personal fitness. This document outlines the terms of use, safety guidelines, and legal disclaimers associated with the product. Crosstoner, LLC, the manufacturer of the exercise equipment (“Manufacturer”) expressly disclaims all liability for any injury, loss, or damage sustained by any individual or third party as a result of the use or misuse of the equipment. By purchasing, using, or continuing to use this equipment, the purchaser and any users of the equipment acknowledge that they have read, understood, and agree to the following terms:

2. Health and Safety Warnings

• Consultation with Healthcare Professional: Always consult with a healthcare professional before beginning any new exercise program, including using the Crosstoner. This is especially important if you have any pre-existing medical conditions or concerns.The user acknowledges that they have been advised to seek such professional consultation before using the equipment. Failure to consult a healthcare professional before using the Crosstoner is at the user’s own risk, and the Manufacturer assumes no responsibility for any resulting injury or harm.
• User Responsibility: Users should be aware that improper use of this device can result in injury. It is your responsibility to ensure that you understand the correct usage of the device as outlined in the user manual.
• Pinch Point Warning: The Crosstoner contains a pinch point where the handles meet. Keep fingers, hands, and other body parts away from this area during use to avoid injury. Do not insert objects into the opening, and avoid using the Crosstoner while wearing loose clothing or jewelry that could get caught in the device.
• Risk of Strain or Injury: Exercise caution when using the Crosstoner, particularly when adjusting resistance levels or performing unfamiliar exercises. Stop immediately if you experience pain, dizziness, or shortness of breath.
• Age Restrictions: The Crosstoner is not intended for use by children under 14 years of age without adult supervision. Keep the device out of reach of children when not in use.
• Resistance Limits: The Crosstoner is not designed for repeated high-level resistance workouts. Do not use more than two Heavy or Extra Heavy bands at any one time. Using excessive resistance may result in device failure and possible injury.

Resistance Band Installation: Heavy and Extra Heavy Bands should only be placed in the first two bottom slots.

Center Pin Required: Never use the device without the Center Pin.

Safe Return to Start: Never release any handle while in use and under resistance. Injury could result.

Direction of Use: The device is designed for the arms and handles to rotate back and forth in a straight line only. Never flex or twist the handles, or apply any force from the side, as product damage and serious injury could result. Refer to the user manual for more information.

3. Proper Use of the Device

The user agrees to use the equipment strictly in accordance with the instructions and guidelines provided by the Manufacturer. The Manufacturer is not liable for any injuries or damages resulting from the improper use, modification, or unauthorized alteration of the equipment. It is the user’s responsibility to inspect the equipment before each use to ensure it is in safe operating condition.

• Usage Instructions: Follow all instructions provided in the user manual carefully. Do not attempt to modify or disassemble the device.
• Regular Inspection: Before each use, inspect the device for any signs of wear or damage, particularly on the resistance bands and handles. Do not use the device if it appears damaged or compromised. Failure to properly maintain or inspect the device before use may void any warranty and result in injury.
• Resistance band installation: When inserting resistance bands, make sure both ends of the resistance band are fully inserted past the safety notch at the top and secured in the slot at both ends. Any band not fully inserted could suddenly snap loose and cause injury.
• Environment of Use: Use the Crosstoner on a flat, stable surface. Avoid using the device in wet, slippery, or unstable conditions.

4. Warranty and Limitation of Liability

• No Implied Warranties: The Crosstoner is provided “as is” without any implied warranties of merchantability or fitness for a particular purpose.
• Warranty Coverage: The Crosstoner may come with a limited warranty covering defects in materials and workmanship. This warranty does not cover damage resulting from misuse, abuse, or unauthorized modifications.
• Limitation of Liability: The manufacturer, distributors, and retailers of the Crosstoner shall not be liable for any incidental or consequential damages resulting from the use or inability to use the device, even if advised of the possibility of such damages. By using this equipment, the user voluntarily releases, waives, and discharges the Manufacturer, its affiliates, officers, employees, and agents from any and all claims, demands, or causes of action, including those based on negligence, resulting from the use or misuse of the equipment to the fullest extent permitted by law. The user agrees that no claims will be made against the Manufacturer for any injury, death, or damages sustained as a result of using this equipment.

5. Assumption of Risk

The user understands that engaging in physical activity, including the use of exercise equipment, involves inherent risks, including but not limited to muscle strains, sprains, heart attacks, or other serious injuries, illness, or death. The user voluntarily assumes all risks and liabilities associated with the use of the equipment and acknowledges they are in good physical health. The user further confirms they have consulted a healthcare provider regarding their ability to safely use this equipment. By using this equipment, the user affirms they have read and understand these risks. The user understands that resistance-based training carries inherent risks and that improper use, including but not limited to exceeding recommended resistance levels, significantly increases the risk of injury and device failure.

6. Indemnification

You agree to indemnify and hold harmless the manufacturer, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from your use of the Crosstoner.

7. Contributory Negligence

Manufacturer shall not be liable for any injury, loss, or damage arising from the use of the equipment if such injury, loss, or damage is caused in whole or in part by the user’s own negligence, willful misconduct, or failure to follow the Manufacturer’s instructions and warnings. The following conditions apply:

• User Misconduct or Willful Disregard:

  Manufacturer shall not be liable for damages arising from the user’s willful or intentional failure to follow safety warnings, misuse of the equipment, or unauthorized modifications. This includes, but is not limited to, operating the equipment in an unsafe manner or for purposes other than those specified in the product documentation.

• Third-Party Negligence:

  Manufacturer is not liable for injuries, damages, or losses caused by third-party negligence, including improper installation, servicing, or use of the equipment by unauthorized individuals such as personal trainers, gym operators, or repair technicians.

• Product Modification or Alteration:

  Any modification or alteration of the equipment not expressly authorized by the Manufacturer will void any warranty and relieve the Manufacturer of liability for resulting injuries or damages. This includes any changes made to the equipment’s structure, design, or components without prior approval from the Manufacturer.

• Failure to Maintain Equipment: The user is responsible for maintaining the equipment in accordance with the guidelines provided in the product documentation. The Manufacturer shall not be liable for injuries or damages resulting from the user’s failure to properly inspect, maintain, or care for the equipment. The user agrees to regularly inspect the equipment for wear and tear, and to cease use of the equipment if any defects or issues are detected.

In any jurisdiction where contributory or comparative negligence is a defense, the Manufacturer’s liability, if any, shall be reduced by the percentage of fault attributable to the user, and in jurisdictions with contributory negligence laws, the Manufacturer shall be completely relieved of liability if the user is found to have contributed to the harm.

8. Governing Law and Jurisdiction

In the event that any user shall be injured arising out of the use of the equipment or if any type of dispute shall arise relating in any manner to the equipment or the use thereof, the user agrees that the laws of the State of Alabama shall apply and the sole place for jurisdiction and filing of any and all legal actions shall be Baldwin County, Alabama.

9. Severability

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.