DELTA-V (“Seller”)
A Maryland corporation and the seller and distributor of the DELTA-V (the “Product”)

DELTA-V (“Seller”) wishes and intends that you (“you” or “User”) have a safe and satisfying experience with the Product. To that end, the Seller requires that you thoroughly read this Disclaimer Notice (“Notice”) and all other accompanying product documentation before assembling or using the DELTA-V (“Product”). Anyone who instructs, coaches, spots, or assists you while using the Product must also read this Notice and all accompanying documentation.

1. Restrictions on Use
The Product is intended for use in athletic activities to increase endurance and is sold to you as the end-user. By purchasing the Product, you represent, confirm, and agree that you have not acquired the Product for use by anyone other than yourself. Resale, transfer, or lending of this Product is strictly prohibited.

This Product is intended for users in good mental and physical health. It is not designed for, and should not be used by, inexperienced athletes. Do not use the Product if you are under the influence of alcohol, narcotics, or any medication without the approval of your healthcare provider. Additionally, do not use the Product in or near water.

2. Use with Supervision
The Product is intended for use only by properly trained and qualified individuals under controlled and supervised conditions. Using the Product without proper supervision is dangerous and should not be undertaken or permitted. Always consult a qualified instructor before attempting any new activity or skill with the Product.

3. Possibility of Injury
The Product is specifically designed to restrict airflow into and out of your lungs to build endurance. Activities that limit airflow must be undertaken carefully. You must remain alert to your physical limitations to avoid adverse effects.

Physical exertion carries inherent risks, including serious injury, heart attack, and death. Using the Product during exercise or high-altitude activities increases these risks. No equipment can entirely eliminate the possibility of injury.

4. Consult Your Physician
You must consult your personal physician before beginning any exercise program or training regimen involving the Product. Discuss any health concerns or conditions that could affect your use of the Product. Consult with your physician, instructor, or trainer about any planned activity involving the Product.

5. Cessation of Use
Immediately stop using the Product if you feel dizzy, lightheaded, exhausted, or experience any ill effects. Know your limitations and the limitations of the Product.

6. Inspect Product Before Use
Inspect the Product and all its components for damage, loose fittings, or wear before each use. Natural wear and tear can occur over time. If you notice any damage or excessive wear, stop using the Product and dispose of it.

7. Repairs
Do not attempt to repair damaged or worn components yourself. Contact the Seller to arrange for proper repair or replacement. Do not use the Product if you have concerns about its integrity or suitability for your intended activity.

8. Keep Clean
Clean the Product before and after each use to maintain hygiene and ensure proper function.

9. Contact Seller with Questions
If you have any questions about this Notice or the Product, contact the Seller before using it. Do not use the Product until all your concerns have been addressed.

10. Use Only for Intended Purposes
Use the Product only for its intended purpose. Do not modify the Product in any way. Although designed for physical training, the Product is not intended for use under extreme conditions (e.g., extreme heat, cold, or prolonged use) or for contact training or sparring. The Product can be attached to an incentive spirometer to record and view performance.

11. Assumption of Risk
By purchasing the Product, you assume all risks associated with its use, whether foreseen or unforeseen. You acknowledge that using the Product carries inherent risks, including serious injury or death.

12. Limitations on Liability
The Seller is not responsible for any injuries, death, or damages—including accidents, loss of profits, business interruptions, medical costs, legal fees, or other expenses—resulting from improper or unauthorized use of the Product.

13. Release of Liability
You agree to release and hold harmless the Seller and its agents, officers, contractors, affiliates, and related entities (“Released Parties”) from any liability for personal injury, property damage, or wrongful death, including those caused by the negligence of the Released Parties.

By using the Product, you acknowledge that you have read and understood this liability release and assumption of risk. You waive any legal rights to sue the Released Parties for injuries or damages resulting from your use of the Product. This waiver extends to your family, heirs, or assigns.

14. Acknowledgment of Physical Risks
You understand that physical exercise and training are strenuous activities that carry inherent risks. You accept the risk of injury, including heart attack, hyperventilation, or suffocation, and agree not to hold the Released Parties responsible for such injuries.

15. Age and Competence
You affirm that you are at least 18 years old and legally competent to accept this liability release. You acknowledge that you are waiving certain legal rights and that this agreement is binding.

16. Severability
If any provision of this agreement is found unenforceable or invalid, that provision will be severed, and the remaining terms will continue in full force and effect.

17. Disclaimer Is Not Advice
The information provided in this Notice is not specific advice or a recommendation for any individual. It should not be construed as medical, legal, or training advice.

18. “As-Is” Disclaimer
The Product is provided “as-is,” without any express or implied warranties, including but not limited to warranties of merchantability, non-infringement, or fitness for a particular purpose.

19. Not a Toy—For Adults Only
The Product is intended for adult use only and for the specific purpose outlined in its instructions. It is not a toy and should not be used by children for any reason.

20. Warning!
Risk of serious injury, paralysis, or death is inherent in all physical activities involving exertion, exercise, motion, or altitude.

The Product should only be used by experienced and qualified individuals under supervised conditions. Improper use is dangerous and should not be attempted.

The Seller is not responsible for any personal injury or property damage resulting from the use or misuse of the Product.

By using the Product, you confirm that you have read this statement, had any questions answered, and understand the safety practices and risks associated with using the Product.

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