Release of Liability and Assumption of Risk
Release of Liability and Assumption of Risk
Version: 1.0
Effective Date: June 11, 2026
IMPORTANT: THIS RELEASE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY BEFORE ACCEPTING. BY ACCEPTING THIS RELEASE, YOU ARE AGREEING, TO THE FULLEST EXTENT PERMITTED BY LAW, TO RELEASE CERTAIN CLAIMS AGAINST MITOLUX LLC, INCLUDING CLAIMS ARISING FROM MITOLUX’S OWN ORDINARY NEGLIGENCE.
1. Parties and Product
This Release of Liability and Assumption of Risk (“Release”) is entered into by the undersigned adult user (“User,” “you,” or “your”) in favor of Mitolux LLC and its members, managers, officers, directors, employees, contractors, agents, successors, service providers, and affiliates (collectively, “Mitolux,” “we,” “us,” or “our”).
This Release applies in connection with User’s purchase, possession, handling, exposure to, or use of any Mitolux ultraviolet device and any related accessories, replacement parts, packaging, product labeling, manuals, warning materials, and accompanying written instructions (collectively, the “Product”).
2. Eligibility and Personal Acceptance
User represents and warrants that User is at least 18 years of age.
THIS RELEASE APPLIES ONLY TO THE USER ACCEPTING IT. ANY ADDITIONAL ADULT USER MUST SEPARATELY REVIEW AND ACCEPT MITOLUX’S THEN-CURRENT RELEASE BEFORE USE.
The Product is not intended for use by minors. User agrees not to permit anyone under 18 years of age to use the Product.
User may not accept this Release on behalf of another adult user unless legally authorized and accepted by Mitolux in writing.
3. Acknowledgment of Risks
User understands and acknowledges that use of an ultraviolet device involves inherent and potentially serious risks, including, without limitation:
- Eye injury;
- Skin injury;
- Burns;
- Overexposure injury;
- Photosensitivity reactions;
- Irritation;
- Aggravation of existing conditions;
- Other bodily injury;
- Property damage.
These risks may increase if the Product is used improperly, used too frequently, used for excessive duration, used too close to the body, used without appropriate protective measures, or used contrary to warnings and instructions.
User further understands that individual reactions to ultraviolet exposure may vary and may be affected by medical history, medications, skin type, eye sensitivity, photosensitivity, and other personal factors.
4. User Responsibilities
User agrees that User will:
- Read all warnings, instructions, manuals, labels, contraindications, exposure schedules, distance requirements, and operating materials before first use;
- Use the Product only as instructed;
- Use all required or recommended protective measures, including protective eyewear where directed;
- Follow all stated requirements regarding exposure time, minimum distance, frequency of use, positioning, and ventilation;
- Stop use if adverse effects occur and seek appropriate medical guidance when warranted;
- Not allow any minor or unauthorized person to use the Product;
- Not modify, tamper with, bypass safety features, or use non-approved accessories if doing so would conflict with the Written Instructions;
- Not use the Product if it appears damaged, malfunctioning, altered, or unsafe.
5. Assumption of Risk
TO THE FULLEST EXTENT PERMITTED BY LAW, USER KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS OF PERSONAL INJURY, BODILY INJURY, SKIN INJURY, EYE INJURY, BURNS, PROPERTY DAMAGE, AND OTHER LOSS ARISING OUT OF OR RELATING TO, CONNECTED WITH, OR IN ANY WAY ASSOCIATED WITH USER’S PURCHASE, POSSESSION, HANDLING, EXPOSURE TO, OR USE OF THE PRODUCT, INCLUDING RISKS THAT MAY RESULT FROM IMPROPER USE, FAILURE TO FOLLOW WARNINGS OR INSTRUCTIONS, OR SENSITIVITY TO ULTRAVIOLET EXPOSURE.
THIS ASSUMPTION OF RISK INCLUDES RISKS AND DAMAGES THAT ARE KNOWN, UNKNOWN, ANTICIPATED, OR UNANTICIPATED, TO THE FULLEST EXTENT PERMITTED BY LAW.
6. Release of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USER KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, AND DISCHARGES MITOLUX FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, AND EXPENSES FOR PERSONAL INJURY, BODILY INJURY, SKIN INJURY, EYE INJURY, BURNS, PROPERTY DAMAGE, OR OTHER LOSS ARISING OUT OF OR RELATING TO USER’S PURCHASE, POSSESSION, HANDLING, EXPOSURE TO, OR USE OF THE PRODUCT, INCLUDING CLAIMS ARISING FROM MITOLUX’S OWN ORDINARY NEGLIGENCE.
7. Exclusions and Non-Waivable Claims
This Release does not apply to, and does not waive, any liability or claim that cannot lawfully be waived under applicable law.
Without limiting the foregoing, this Release does not waive claims to the extent based on gross negligence, willful misconduct, fraud, or any consumer rights that cannot lawfully be waived.
8. No Medical Advice
User understands that Mitolux does not provide medical advice through this Release, through the sale of the Product, through website content, through customer support, or through any product-use materials.
User is responsible for determining whether use of the Product is appropriate for User’s personal circumstances and for consulting a qualified healthcare professional when appropriate.
9. No Reliance on Inconsistent Statements
User understands that safe operation depends on following the Product labeling, User Manual, warning labels, contraindications, exposure schedule, distance requirements, safety materials, and all written instructions provided or made available by Mitolux.
User agrees not to rely on any statement, image, advertisement, review, video, social media post, customer comment, website content, or customer-service statement that is inconsistent with the written instructions and safety materials provided by Mitolux.
10. Voluntary Acceptance
User acknowledges that User has had a reasonable opportunity to review this Release carefully, to print or save a copy, and to decline acceptance.
User further acknowledges that User is accepting this Release voluntarily and not in reliance on any statement other than the terms set forth in this Release and the written materials provided by Mitolux.
11. Electronic Signature and Consent to Records
User agrees that checking the acceptance boxes, typing User’s legal name, and clicking the acceptance button constitutes User’s electronic signature and intent to be bound by this Release.
User consents to electronic records relating to this Release and agrees that an electronic copy and electronic acceptance record are admissible to the same extent as a paper record, to the maximum extent permitted by law.
Mitolux may retain records of acceptance, including User’s legal name, email address, phone number, IP address, timestamp, document title, document version, effective date, checkbox selections, and related device, browser, or session information.
12. Severability
If any provision of this Release is held unenforceable, invalid, or overbroad, that provision shall be enforced only to the maximum extent permitted by law, and the remaining provisions shall remain in effect.
13. Governing Law
This Release is governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except to the extent superseded by applicable federal law or non-waivable law.
Unless applicable law requires otherwise, any dispute relating to this Release must be brought in the state or federal courts located in Dallas County, Texas.
14. User Acknowledgment
By accepting this Release, User acknowledges:
- I am 18 years of age or older.
- I am the intended adult user of the Product and I am accepting this Release for myself.
- I have read and understood this Release of Liability and Assumption of Risk.
- I understand that this Release affects my legal rights.
- I understand that this Release includes claims arising from MITOLUX’S OWN ORDINARY NEGLIGENCE to the fullest extent permitted by law.
- I have had the opportunity to print or save a copy of this Release.
- I understand that any additional adult user must separately review and accept Mitolux’s then-current Release before use.
15. Contact Us
Mitolux Support
Email: support@mitolux.com
Phone: +1 888 986 1012
Business Address: 8500 N Stemmons Fwy, Office 5046, Dallas, TX 75247