Legal notice

WEBSITE TERMS – WAIVER, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

Effective Date: 01/01/2026
Applies to: All purchases, use of products, and access to this website operated by Protron Products, LLC d/b/a Swagtron® (“Company”)

1. AGREEMENT TO TERMS

By purchasing, using, or permitting the use of any product sold, distributed, or made available by Company (“Products”), or by accessing this website, you (“User,” “You”) agree to be legally bound by this Waiver, Assumption of Risk, Release of Liability, and Indemnification Agreement (“Agreement”).

If you do not agree, do not purchase or use the Products.

2. ACKNOWLEDGMENT OF INHERENT RISKS

You expressly acknowledge that use of Products—particularly electric mobility devices (including but not limited to electric bicycles, scooters, and related equipment)—involves inherent, known, and unknown risks, including but not limited to:

Loss of control, collisions, or falls
Equipment failure, including battery, electrical, or mechanical malfunction
Road hazards, environmental conditions, or terrain-related dangers
Negligence of other users, motorists, or third parties
Improper assembly, maintenance, storage, or use
Serious bodily injury, permanent disability, paralysis, or death

You understand that these risks may arise from foreseeable or unforeseeable causes, including but not limited to defects, misuse, or external factors.

3. ASSUMPTION OF ALL RISK

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS, WHETHER KNOWN OR UNKNOWN, INHERENT OR OTHERWISE, ASSOCIATED WITH:

Purchase, ownership, assembly, operation, transport, storage, or use of Products
Use by yourself or by any third party to whom you provide the Product
Any modifications or alterations made to the Product

This assumption applies regardless of whether risks arise from:

Ordinary negligence of the Company
Product defects (except where legally non-waivable)
Improper warnings or instructions

4. WAIVER AND RELEASE OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AND DISCHARGE Company and its:

Owners, members, managers, officers, directors
Employees, contractors, agents
Affiliates, licensors, suppliers, distributors
Successors and assigns

(collectively, “Released Parties”)

FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, OR CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO:

Personal injury or death
Property damage
Economic loss
Product liability claims
Breach of warranty
Negligence (INCLUDING ACTIVE OR PASSIVE NEGLIGENCE)

WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.

5. INDEMNIFICATION AND HOLD HARMLESS

You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys’ fees), arising out of or related to:

Your use or misuse of the Products
Your failure to follow instructions, warnings, or applicable laws
Any injury or damage caused by you or any person using the Product you purchased
Your breach of this Agreement
Any resale, distribution, or transfer of Products by you

This obligation survives termination of this Agreement and use of the Products.

6. NO WARRANTIES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Products are provided “AS IS” and “AS AVAILABLE,” except as expressly stated in a written limited warranty
The company disclaims all implied warranties, including merchantability and fitness for a particular purpose

IN NO EVENT SHALL Company be liable for:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, data, or use
Any damages exceeding the amount paid for the Product giving rise to the claim

7. USER RESPONSIBILITIES

You agree that you are solely responsible for:

Reading and following all manuals, warnings, and instructions
Ensuring proper assembly, inspection, and maintenance
Using appropriate safety equipment (e.g., helmets, protective gear)
Compliance with all local, state, and federal laws
Ensuring that any third-party user is competent and informed of risks

8. THIRD-PARTY USE

If you allow another person to use the Product:

You assume all responsibility for that use
You agree this Agreement applies fully to that use
You agree to indemnify Company for any resulting claims

9. BATTERY DISCLOSURE

You acknowledge that lithium-ion batteries:

Require proper charging, storage, and handling
Must not be modified, punctured, or exposed to extreme conditions

Failure to follow safety practices increases the risk of severe injury or property damage.

10. MEDICAL AND FITNESS DISCLAIMER

You represent that:

You are physically and mentally capable of safely operating the Product
You have no condition that would impair safe use

The company makes no representations regarding fitness suitability.

11. MINORS

Products are not intended for use by individuals under the age specified in product guidelines.

If you permit a minor to use a Product:

You assume all risks on their behalf
You agree to indemnify Company for any claims arising from such use

12. SEVERABILITY

If any provision of this Agreement is found unenforceable:

It shall be modified to the minimum extent necessary
The remaining provisions shall remain in full force

13. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of California, without regard to conflict of law principles.

Any disputes shall be brought exclusively in the state or federal courts located in Orange County, California, and you consent to jurisdiction therein.

14. WAIVER OF JURY TRIAL

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL in any dispute arising under this Agreement.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding regarding liability and risk associated with the Products and supersedes any prior agreements or representations.

16. AFFIRMATIVE ACCEPTANCE

By purchasing, using, or allowing use of the Product, you:

Acknowledge that you have read and understood this Agreement
Understand that you are giving up substantial legal rights
Agree voluntarily and without inducement