Limitation of Liability & Disclaimers

NIVARO CARRIERS LLC — LIMITATION OF LIABILITY & PRODUCT DISCLAIMER

NIVARO CARRIERS LLC — LIMITATION OF LIABILITY & PRODUCT DISCLAIMER

Last Updated: May 30, 2026

1. ACCEPTANCE OF TERMS

By purchasing, receiving, or using any Nivaro Carriers LLC product, including the Nivaro ComfortLift™ Carrier ("Product"), you ("User," "Purchaser," or "you") acknowledge that you have read, understood, and agree to be bound by this Limitation of Liability and Product Disclaimer ("Disclaimer"). If you do not agree to these terms, do not purchase or use the Product.

2. ASSUMPTION OF RISK

You expressly acknowledge and agree that the use of the Product involves inherent risks, including but not limited to physical exertion, carrying of additional weight, and movement across varied terrain and environments. By using the Product, you voluntarily assume all risks associated with its use, including any risk of personal injury, bodily harm, or property damage to yourself, the child in your care, or any third party.

You represent and warrant that prior to use you have:

  • Read and understood all product instructions, safety guidelines, age and weight recommendations, and usage warnings provided by Nivaro Carriers LLC
  • Assessed your own physical capability and fitness to use the Product safely
  • Ensured the child being carried meets the minimum and maximum age and weight requirements specified by Nivaro Carriers LLC
  • Inspected the Product prior to each use and confirmed it is in safe working condition
  • Ceased use of the Product immediately upon noticing any signs of wear, damage, or structural compromise

3. NO MEDICAL OR PROFESSIONAL ADVICE

Nothing in Nivaro Carriers LLC's marketing materials, website content, product documentation, or customer communications constitutes medical, physical therapy, chiropractic, or other professional health advice. Nivaro Carriers LLC makes no representation that use of the Product is appropriate for individuals with pre-existing medical conditions, physical limitations, disabilities, or prior injuries. Users with pre-existing physical conditions, including but not limited to back injuries, joint conditions, arthritis, balance disorders, or post-surgical limitations, should consult a qualified healthcare professional before using the Product. Nivaro Carriers LLC is not liable for any injury, aggravation of existing condition, or health consequence arising from use of the Product by individuals with such conditions.

4. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIVARO CARRIERS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • SAFETY FOR ANY SPECIFIC USER OR USE CASE
  • NON-INFRINGEMENT
  • ACCURACY OF PRODUCT DESCRIPTIONS OR MARKETING CLAIMS

THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE." NIVARO CARRIERS LLC DOES NOT WARRANT THAT THE PRODUCT WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT IT WILL BE FREE FROM DEFECTS AFTER DELIVERY, OR THAT IT WILL PERFORM IN ANY PARTICULAR MANNER UNDER CONDITIONS NOT EXPRESSLY ANTICIPATED BY NIVARO CARRIERS LLC'S PRODUCT SPECIFICATIONS.

5. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIVARO CARRIERS LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY OF THE FOLLOWING, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED, INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE:

  • Personal injury or bodily harm to the user or any third party, including the child being carried
  • Death resulting from use or misuse of the Product
  • Emotional distress or psychological harm
  • Property damage of any kind
  • Indirect, incidental, special, consequential, exemplary, or punitive damages
  • Loss of revenue, profits, data, goodwill, or other intangible losses
  • Damages arising from reliance on product descriptions, marketing materials, or customer testimonials
  • Damages arising from improper use, misuse, or failure to follow product instructions

IN ALL CASES, NIVARO CARRIERS LLC'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PRODUCT SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID BY YOU FOR THE PRODUCT, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM.

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nivaro Carriers LLC and its members, managers, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • Your use or misuse of the Product
  • Your failure to follow product instructions, safety guidelines, or usage warnings
  • Your violation of this Disclaimer or any applicable law or regulation
  • Any claim brought by a third party, including the child in your care or that child's parents or guardians, arising from your use of the Product
  • Any representation you make to third parties regarding the Product that is inconsistent with Nivaro Carriers LLC's official product documentation

7. PROPER USE REQUIREMENT

This Disclaimer and all protections afforded to Nivaro Carriers LLC herein apply only where the Product has been used in accordance with Nivaro Carriers LLC's official product instructions, safety guidelines, and intended use specifications. Nivaro Carriers LLC does not disclaim liability arising solely from a verified manufacturing defect covered under the Nivaro Carriers LLC Lifetime Warranty Policy. All other claims arising from use, misuse, or circumstances beyond Nivaro Carriers LLC's control are subject to the full limitations set forth in this Disclaimer.

8. CHILD SAFETY ACKNOWLEDGMENT

You expressly acknowledge that you are solely responsible for the safety and wellbeing of any child placed in the Product while under your care. You represent that you will maintain physical awareness of and appropriate supervision over the child at all times during use. Nivaro Carriers LLC is not responsible for injury or harm resulting from inattentive supervision, distraction, falls, or any circumstance in which the caregiver fails to maintain appropriate awareness of the child during use.

9. PRODUCT INSPECTION AND MAINTENANCE

You acknowledge and agree that it is your sole responsibility to:

  • Inspect the Product before each use
  • Follow all care and maintenance instructions provided by Nivaro Carriers LLC
  • Discontinue use immediately if any defect or damage is observed
  • Contact Nivaro Carriers LLC customer support to initiate a warranty claim if a manufacturing defect is identified

Failure to inspect or maintain the Product does not create liability for Nivaro Carriers LLC for any resulting harm.

10. JURISDICTIONAL LIMITATIONS

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for certain types of damages. If you are located in such a jurisdiction, some or all of the above exclusions and limitations may not apply to you. In such cases, Nivaro Carriers LLC's liability will be limited to the fullest extent permitted by applicable law.

11. SEVERABILITY

If any provision of this Disclaimer is held to be invalid, illegal, or unenforceable under applicable law, the remaining provisions shall continue in full force and effect and shall be construed to give maximum effect to the intent of the parties.

12. ENTIRE AGREEMENT

This Disclaimer, together with the Nivaro Carriers LLC Lifetime Warranty Policy and any other policies published on mynivaro.com, constitutes the entire agreement between Nivaro Carriers LLC and you with respect to the subject matter herein and supersedes all prior agreements, representations, or understandings relating to the same.

13. GOVERNING LAW AND DISPUTE RESOLUTION

This Disclaimer shall be governed by the laws of the State of Delaware without regard to conflict of law principles. Any dispute arising under or related to this Disclaimer shall be resolved exclusively through binding individual arbitration administered under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration against Nivaro Carriers LLC. Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction where necessary to prevent irreparable harm.

14. CONTACT

For questions regarding this policy, please contact Nivaro Carriers LLC customer support through support@mynivaro.com.

This Limitation of Liability and Product Disclaimer is published by Nivaro Carriers LLC and governs all purchases and use of Nivaro Carriers LLC products. By completing a purchase on mynivaro.com or using any Nivaro Carriers LLC product, you confirm your acceptance of these terms in full.