Drone Purchase Clickwrap Agreement

Clickwrap Agreement for 2nd Order Effects LLC Drone Purchase via Constellation Response, LLC

PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "ACCEPT/AGREE" CHECKBOX ON THE CHECKOUT PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT. YOU MAY NOT PURCHASE THE DRONE UNLESS YOU ACCEPT THE TERMS.

YOU MAY PRINT THE WEB PAGE CONTAINING THIS AGREEMENT OR SAVE IT AS A
FILE ON YOUR COMPUTER.

1. Acknowledgement of Risks. By purchasing a drone from Constellation Response, LLC and 2nd Order Effects, LLC, you acknowledge and understand the inherent risks associated with drone operation. These risks include, but are not limited to:

i. Mid-air collisions with other aircraft, birds, or objects;
ii. Equipment malfunction, including loss of control or
communication;
iii. Property damage resulting from drone crashes or malfunctions; and
iv. Personal injury to yourself or others due to drone operation.

You accept full responsibility for these risks and agree to operate your drone in a safe and responsible manner.

2. Compliance with FAA Regulations. You are solely responsible for ensuring compliance with all applicable Federal Aviation Administration (FAA) regulations, including but not limited to FAA Part 107. This includes obtaining any necessary certifications, registering your drone, and operating within the permitted guidelines.

Constellation Response, LLC and 2nd Order Effects, LLC make no representations or warranties regarding your compliance with FAA regulations and it remains your sole responsibility to ensure that the drone meets FAA requirements at all times.

3. Limited Warranty and Disclaimer of Liability.

2ND ORDER EFFECTS, LLC AND CONSTELLATION RESPONSE, LLC WARRANT THAT THE DRONE YOU PURCHASE IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE AND SERVICE FOR A PERIOD OF 14 DAYS FROM THE DATE OF RECEIPT FOR A PRE-FLIGHT INSPECTION. THIS WARRANTY EXPIRES IMMEDIATELY ONCE THE DRONE IS FLOWN. THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT, AT 2ND ORDER EFFECTS, LLC’S DISCRETION. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND AS OTHERWISE PROVIDED UNDER THE MINIMUM REQUIREMENTS OF THE UNIFORM COMMERCIAL CODE (UCC), 2ND ORDER EFFECTS, LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Please note that additive manufacturing processes may result in cosmetic variations. Such variations are inherent to the manufacturing process and do not constitute defects as described herein.

CONSTELLATION RESPONSE, LLC AND 2ND ORDER EFFECTS, LLC’S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE PURCHASE OR USE OF THE DRONE, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. CONSTELLATION RESPONSE, LLC AND 2ND ORDER EFFECTS, LLC SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Agreement to Terms. By clicking the "ACCEPT/AGREE" CHECKBOX ON THE CHECKOUT PAGE, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this agreement. If you do not agree to these terms, do not click the "ACCEPT/AGREE" CHECKBOX ON THE CHECKOUT PAGE and do not purchase a drone from 2nd Order Effects, LLC OR CONSTELLATION RESPONSE, LLC.