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.
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.