for Use of the Eclipse Glasses
TERMS AND CONDITIONS FOR USE OF SOLAR VIEWER
Please read these Instructions
for Use carefully before using the Solar Viewer. Your purchase and use of the Solar Viewer
constitutes your agreement to these terms and conditions. Failure to follow these
Instructions for Use may result in serious personal injury, including permanent
eye damage. If you do not understand these Instructions or cannot follow them diligently
and completely, then you should not look at the Sun at any time, with or
without a Solar Viewer.
The
term “Solar Viewer” refers to the special cardboard-and-polymer optical
products, marked “SAFE FOR DIRECT SOLAR VIEWING”, manufactured by Rainbow
Symphony of Reseda CA, and sold by Eclipse2017.org for the purpose of viewing
the Sun during the solar eclipse of August 21, 2017, by or under the direct
supervision of a person 18 years of age or above and in accordance with these
Instructions for Use. The Solar Viewer is also referred to as "eclipse glasses".
Observing the Sun directly, without the
benefit of eye protection provided by the Solar Viewer, will likely result in
serious personal injury, up to and including permanent eye damage and
blindness. When these Instructions for Use are followed completely and precisely, the undamaged and unmodified Solar
Viewer has been proven to be safe and effective in allowing direct, short-term,
viewing of the Sun. If these
Instructions for Use are not followed, or if damaged or modified Solar Viewers
are used, permanent eye injury could result.
You should never look directly at the Sun,
with or without the aid of the Solar Viewer, if you have any temporary or
permanent medical or other condition which either (1) prevents your use of the
Solar Viewer according to these Instructions for Use , or (2) which predisposes
you to an increased or special risk of incurring, worsening, or contributing to
the effects of any optical or other medical, health, or other condition, by looking
or attempting to look at the Sun.
You should never attempt to perform any
other activity (such as driving or walking) while using the Solar Viewer.
You agree that if you let others use the
Solar Viewer, you will provide each such user with a copy of these Instructions for Use and will make sure such user reads and understands the Instructions for
Use before using the Solar Viewer.
By using the Solar Viewer to view the Sun,
you agree with the following:
(a)
you understand these
Instructions for Use completely;
(b) you
understand and accept the risks associated with improper use of the Solar Viewer;
(c) you
accept full responsibility for, and assume all risks associated with, the act
of viewing the Sun, with or without the use of the Solar Viewer; and
(d) the Solar
Viewer is fragile and any damage to it or modification of it will render it immediately
and permanently unusable for its intended purpose.
Release and Limitation
of Liability
By way of purchasing and
using the Solar Viewer, you are irrevocably releasing, indemnifying, and
holding harmless the manufacturer and seller from any liability, loss, claim
and expense (including attorney's fees), including but not limited to bodily
injury or other personal harm, which may result from using the Solar Viewer
under any circumstances or conditions and irrespective of jurisdiction. Neither
the manufacturer nor the seller will be responsible for any damages of any
kind, irrespective of reasons, conditions or circumstances, including
malfunctioning of the Solar Viewer. All risks associated with using the Solar
Viewer rest solely and entirely with the user, irrespective of whether the Solar
Viewer is used by the original purchaser or any third party. You fully
understand and assume the risks in using the Solar Viewer. You confirm that you
have read this release of liability and fully understand its terms and that you
have given up substantial rights by purchasing and using the Solar Viewer.
THE MANUFACTURER AND SELLER OF THE SOLAR VIEWER MAKE NO
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOLAR VIEWER,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. NEITHER THE MANUFACTURER NOR THE SELLER SHALL
BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER IN AN ACTION
IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT
NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM, OR
ARISING OUT OF, OR IN CONNECTION WITH THE USE OR FURNISHING OF THE SOLAR VIEWER
OR THE PERFORMANCE, USE OR INABILITY TO USE THE SAME, EVEN IF THE MANUFACTURER
OR SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE MANUFACTURER’S OR
SELLER’S TOTAL LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT.
Note Regarding
Translations
Translations of these Instructions for Use into various languages are provided “AS-IS” and solely for the
convenience of the reader.
Eclipse2017.org has made reasonable efforts to ensure the accuracy of
the Translations; however, in the event of any perceived discrepancy in meaning
or interpretation between the English version and any Translation, the English
version will prevail. You should not act
in reliance on anything contained in any Translation of these Instructions for Use, but should refer to the official English version.