Product Liability Disclaimer

By purchasing this product (DragonSkin™ booties), you agree to be bound by the following terms and conditions: 

You, and any other user of the product, are assuming all risk of use and misuse of the product.

You acknowledge that DragonSkin™ booties are only STINGRAY RESISTANT, and there is NO GUARANTEE of prevention of stingray stings or related injury. The user holds DragonSkin LLC harmless from all claims of injury or damage of any kind. Please see additional information on our website at https://mydragonskin.com/pages/testing-methods 

There are multiple ways that the booties could fail to prevent a stingray sting. Firstly, any area uncovered by the bootie is completely unprotected from injury. Although stingrays typically sting people on the feet, near or below the ankle, stings on other areas of the body do occur, and DragonSkin™ booties do not in any way mitigate this risk. Next, not the entire bootie is covered with protective material. Some areas of the bootie are covered only by neoprene, which provides little to no protection from a sting from a stingray. This design was intended to balance protection with wearability and user comfort. User acknowledges that it is entirely possible to be stung in the areas with gaps in coverage which are only constructed out of neoprene. Finally, it is possible for the stingray barb to puncture through even the protective material. Again, the thickness/hardness/puncture resistance of the protective material has been carefully chosen to balance between wearability/usability and user protection. See testing methods for more detail.

Booties will degrade over time with regular use reducing the level of protection provided by the booties against stingray injury.  User is advised to inspect the booties regularly for signs of wear and tear, and to replace them with a new pair upon seeing such signs.  

Thus far, the booties have been tested only against Round Stingrays. They have not yet been tested against any other species of stingrays. Round Stingrays are the most common source of stingray injury in Southern California, but they are not the only dangerous species of stingray. DragonSkin LLC expects that the booties provide some protection against other species of stingrays, but the exact level of protection is unknown. Other species of stingrays may strike with greater force or in different locations.

The user should never attempt to entice stingrays to interact with humans, with or without DragonSkin™ booties. Any human activity in the water near stingrays should always be considered as possessing considerable risk, which is assumed solely by the user. Further, as a result of wearing the booties, users should not forgo or reduce avoidance of stingrays using common behavioral techniques, such as, but not limited to, the stingray shuffle, minimizing walking on the ocean floor by getting on the surfboard as soon as possible, etc.

No Consequential or Indirect Damages. IN NO EVENT SHALL DRAGONSKIN LLC [OR ANY OF ITS REPRESENTATIVES] BE LIABLE TO CUSTOMER, SELLER, OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THE USE OF THE DRAGONSKIN BOOTIES (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SELLER OR CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Maximum Liability.  IN NO EVENT SHALL A CUSTOMER’S OR SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER OR SELLER TO DRAGONSKIN LLC.


THE LIMITATION OF LIABILITY PROVISIONS SET FORTH HEREIN SHALL APPLY EVEN IF CUSTOMER OR SELLER REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

 

Disclaimer of implied warranties: Implied warranties, including any implied warranty of merchantability or implied warranty of fitness for a particular purpose, are excluded to the extent legally permissible. Any implied warranties that may be imposed by law are limited to the shortest period allowed by law. 

Dispute Resolution: In the unlikely event that you have a dispute with us regarding the DragonSkin™ booties, you agree that any claim or dispute in connection with the DragonSkin™ booties shall be resolved in a cost-effective manner through binding arbitration. The arbitration shall be instated through an established alternative dispute resolution provider mutually agreed upon by the parties. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within San Diego County, California and the federal courts in the Southern District of California for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. 

If any of these Terms and Conditions are held to be invalid by a court of competent jurisdiction, such holding shall not affect the validity of any other part of these Terms and Conditions.

The Terms and Conditions stated herein may be revised or changed from time-to-time without prior notice. You can find the most up-to-date version on our website at https://mydragonskin.com/product-liability-disclaimer