PRODUCT WARNING & LIMITED WARRANTY

1. Applicability

This Product Warning, Limited Warranty & Liability Disclaimer (this "Statement") applies to all purchasers, owners, users, installers, and other persons who purchase, possess, install, or use any helmet pad, beanie pad, protective accessory, or other product manufactured, distributed, or sold by Radically Active Sports Gear LLC ("RASG") (collectively, the "Products").

IMPORTANT: Read this Statement carefully before purchasing, installing, or using any Product. By purchasing, possessing, installing, or using any Product, or by clicking "I Agree" or otherwise accepting this Statement during the online purchasing process, the purchaser and end user acknowledge that they have read and understood this Statement.

2. Product Warnings

Participation in football, baseball, softball, hockey, rodeo, cycling, action sports, and other athletic or recreational activities involves inherent risks of serious bodily injury, permanent disability, paralysis, concussion, traumatic brain injury, or death. These risks cannot be eliminated by any protective equipment.

The Products are intended only as supplemental protective equipment and are not intended to prevent, eliminate, or guarantee protection against any injury. No helmet pad, beanie pad, protective accessory, or other Product manufactured or sold by RASG guarantees protection against injury or ensures the safety of any user under any circumstances.

3. Independent Testing; Product Information

RASG may provide laboratory testing data, certifications, consumer safety reports, impact studies, product specifications, technical information, or other product-related materials regarding the Products. Such information is provided for informational purposes only and does not constitute a warranty, guarantee, or representation that the Products will prevent injury, perform in a particular manner, or provide protection under all conditions.

The protective performance of the Products may vary depending upon numerous factors, including the nature and severity of the impact, proper installation, fit, condition of the underlying helmet or equipment, maintenance, age of the Product, environmental conditions, and other circumstances beyond RASG's control. Individual results and protective performance may vary.

4. Helmet Compatibility

The Products are intended to be used only in accordance with RASG's instructions and with properly fitted and compatible helmets or other equipment. The purchaser and end user are solely responsible for determining whether a Product is compatible with the helmet or equipment on which it is installed.

The installation or use of aftermarket accessories or external protective devices may affect the original manufacturer's warranty, certification, or performance representations for a helmet or other sporting equipment. The purchaser and end user are solely responsible for determining whether the installation or use of the Products affects any manufacturer's warranty, certification, or recommended use of the underlying helmet or equipment.

RASG makes no representation or warranty regarding the continued applicability of any manufacturer's warranty, certification, or safety rating after installation or use of the Products.

5. Limited Warranty

RASG warrants that the Products, at the time of delivery, will be free from defects in materials and workmanship under normal and intended use for a period of one (1) year from the date of purchase. This Limited Warranty applies only to Products purchased directly from RASG or an authorized RASG distributor or retailer and extends only to the original purchaser.

This Limited Warranty does not apply to any Product that has been: (a) improperly installed; (b) modified, altered, or repaired by any person other than RASG or its authorized representative; (c) misused, abused, or subjected to improper maintenance, storage, or handling; (d) used in a manner inconsistent with RASG's instructions or intended purpose; or (e) damaged through accident, negligence, or normal wear and tear.

If a purchaser believes a Product is covered by this Limited Warranty, the purchaser must notify RASG within thirty (30) days after discovering the alleged defect and provide RASG with such information, photographs, documentation, and reasonable access to the Product as RASG may request to evaluate the warranty claim. If RASG determines that the Product is covered by this Limited Warranty, RASG may, at its sole option, repair the Product, replace the Product, or refund the original purchase price paid for the Product. The foregoing remedies are the purchaser's sole and exclusive remedies under this Limited Warranty.

6. Disclaimer of Other Warranties

EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED "AS IS" AND RASG MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RASG EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

No affirmation of fact, statement, description, sample, model, demonstration, testing data, certification, marketing material, technical guidance, or other information provided by RASG or any third party shall constitute an express warranty or modify this Limited Warranty unless expressly set forth in a written instrument signed by an authorized representative of RASG.

7. Assumption of Risk

The purchaser and end user acknowledge that participation in athletic and recreational activities involving the Products is inherently dangerous and may result in serious bodily injury, permanent disability, paralysis, concussion, traumatic brain injury, death, or other losses. The purchaser and end user understand that such risks cannot be eliminated, even through the use of protective equipment.

By purchasing, possessing, installing, or using the Products, the purchaser and end user knowingly and voluntarily assume all risks associated with the installation, use, misuse, maintenance, or performance of the Products and participation in athletic or recreational activities in which the Products are used.

If the Products are purchased for or used by a minor, the purchaser represents that he or she is the minor's parent or legal guardian, or otherwise has the legal authority to accept this Statement on behalf of the minor, and acknowledges and assumes the foregoing risks on the minor's behalf to the fullest extent permitted by applicable law.

8. Release and Waiver of Claims

To the fullest extent permitted by applicable law, the purchaser and end user hereby release, waive, and covenant not to assert any claim against RASG or its members, managers, officers, directors, employees, agents, distributors, retailers, affiliates, successors, and assigns arising out of or relating to: (a) the inherent risks associated with participation in athletic or recreational activities; (b) the installation, maintenance, or use of the Products; (c) misuse, improper installation, modification, alteration, inadequate maintenance, or unauthorized repair of the Products; or (d) the failure to follow RASG's instructions, warnings, recommendations, or intended use.

Nothing in this Statement is intended to release or waive any claim that cannot be waived under applicable law, including claims arising from RASG's gross negligence, willful misconduct, fraud, or any other liability that may not be disclaimed or waived as a matter of law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RASG'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PURCHASE, INSTALLATION, USE, OR PERFORMANCE OF ANY PRODUCT, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY ASSERTED, SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RASG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF OPPORTUNITY, OR OTHER ECONOMIC LOSSES, EVEN IF RASG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The limitations set forth in this Section shall apply to the fullest extent permitted by applicable law; provided, however, that nothing in this Statement is intended to limit or exclude liability to the extent such limitation or exclusion is prohibited by applicable law.

10. Customer Acknowledgment

By purchasing, possessing, installing, or using any Product, or by clicking "I Agree" or otherwise accepting this Statement during the online purchasing process, the purchaser and end user acknowledge and agree that they have:

• Read and understood this Statement;
• Received and accepted the Product Warnings contained herein;
• Acknowledged the inherent risks associated with athletic and recreational activities;
• Assumed all risks associated with the purchase, installation, and use of the Products to the fullest extent permitted by applicable law;
• Accepted the terms of the Limited Warranty and Disclaimer of Other Warranties;
• Accepted the Release and Waiver of Claims and Limitation of Liability provisions contained herein to the fullest extent permitted by applicable law; and
• Agreed to RASG's Terms of Use and Return Policy.

11. Severability

If any provision of this Statement is determined to be invalid, illegal, or unenforceable under applicable law, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

12. Governing Law

This Statement shall be construed in accordance with and governed for all purposes by the laws of the State of California.