Disclaimer


FLANCREST ENTERPRISES, INC.
BOTTLE BLASTER™ DISCLAIMER
(Rev. 1/1/06)



1. By purchasing one or more Bottle Blaster™ , you also agree to abide by the terms set forth in this disclaimer.



2. Flancrest Enterprises, Inc., a Massachusetts corporation whose principal location of business is Worcester, MA, is the manufacturer of the product hereafter referred to as the "Bottle Blaster™". As referenced herein, "Bottle Blaster™" refers to any product, in whole or in part, which is manufactured, sold, distributed, given away or otherwise provided by Flancrest Enterprises, Inc. for the purpose of consuming non-alcoholic bottled beverages. Where referenced hereafter, "Our" refers to Flancrest Enterprises, Inc.; "You" refers to you and anyone else that orders, purchases, takes or keeps in any way, and/or uses in any way, any Bottle Blaster™.

3. Flancrest Enterprises, Inc. is the copyright owner of two websites (www.flancrestenterprises.com and www.bottleblaster.com ) and no portion of these sites, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without Flancrest Enterprises, Inc.'s express written permission, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on said sites for your personal, noncommercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this site for any other purposes violates Flancrest Enterprises, Inc.'s legal rights.

4. All products and services sold by Flancrest Enterprises, Inc. are for novelty purposes only. The re-sale and/or use of any product or service purchased from Flancrest Enterprises, Inc. is strictly at your own risk. By using any product or service from Flancrest Enterprises, Inc. you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering any product or service obtained from Flancrest Enterprises, Inc. is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, from the re-sale and/or use of said product(s).

5. You warrant and represent to Flancrest Enterprises, Inc. that you fully understand and fully agree that:


(a) A Bottle Blaster™ is intended to dispense 12 fluid ounces of non-alcoholic bottled beverage rapidly into the body. Anyone using the Bottle Blaster™ to consume alcoholic beverages does so at his or her own risk.


(b) By using a Bottle Blaster™, the user accepts and assumes all risks in any way associated with the use of a Bottle Blaster™, including, but not limited to, the risks of drowning or choking, the risk of becoming intoxicated when used with beverages containing alcohol, and all risks in any way associated with intoxication, including injury and death.


(c) The use of a Bottle Blaster™ to dispense beer to anyone under the age allowed by law, and the consumption of alcohol by anyone underage, is illegal.


(d) Driving while under the influence of any alcoholic beverage is dangerous and illegal.


(e) You agree to hold Flancrest Enterprises, Inc. harmless and release Flancrest Enterprises, Inc. from any claims of any nature, any causes of action, and any demands for injuries, damages or other liabilities (including but not limited to claims for damages to property, claims for physical or psychological injuries, or claims for wrongful death) which have been made, could have been made in the past, or might be made in the future against Flancrest Enterprises, Inc. due to any application or use of any Bottle Blaster™ by you or anyone else, regardless of whether such applications, uses and/or damages were intended or unintended, or foreseeable or unforeseeable.


(h) You expressly waive any rights you may have under the provisions of any state or federal law providing in substance that releases shall not extend to either claims, damages, or injuries which are unknown or unsuspected to exist at the time they are released. You are responsible for complying with any and all laws, whether they are federal, state, or local - pertaining to the ownership, possession, and or use of any of our products.



6. By entering our websites you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering said sites are liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of this site or through your downloading of any materials, data, text, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.



7. Although the specifications, features, illustrations, and other information contained in these sites are based upon up-to-date information, and while Flancrest Enterprises, Inc. makes all reasonable efforts to ensure that all material on these sites is correct, accuracy cannot be guaranteed and Flancrest Enterprises, Inc. makes no warranties or representations as to its accuracy. All content information and materials contained in this site are provided to you "AS IS" without warranty of any kind, either express or implied, including but not limited to, the implied wwarranty of merchantability, fitness for a particular purpose, title and non-infringement.



8. Do not post on our websites, or transmit to our websites, any libelous, threatening, unlawful or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote inappropriate behavior, promote the excessive or irresponsible consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding the fact that Flancrest Enterprises, Inc. or other parties involved in creating, producing, or delivering this site, may monitor or review transmissions, posting, discussions, or chats, Flancrest Enterprises, Inc. and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, profanity, or misrepresentation.



9. By entering our sites you acknowledge and agree that any communication or material you transmit to our websites or to Flancrest Enterprises, Inc., in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to Flancrest Enterprises, Inc. may be used by Flancrest Enterprises, Inc. anywhere, anytime, and for any reason whatsoever.



10. By entering our websites you acknowledge and agree that any name, logo, trademark, or servicemark contained on said sites are owned or licensed by Flancrest Enterprises, Inc. and may not be used by you without prior written approval. Flancrest Enterprises, Inc. will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of Flancrest Enterprises, Inc. or used on these sites with permission. Your use of any of these materials is prohibited unless specifically provided for on the sites. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.



11. Although these sites may be linked to other sites, Flancrest Enterprises, Inc. is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering our sites you acknowledge and agree that Flancrest Enterprises, Inc. has not reviewed all the sites linked to our sites and is not responsible for the content of any off-site pages or any other site linked to our sites. Your linking to any other off-site pages or other sites is at your own risk.



12. Flancrest Enterprises, Inc. reserves the right to revise this legal information at any time and for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering our websites you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting our websites to review these terms and conditions.



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