TERMS & CONDITIONS OF SALE

YOUR PURCHASE OF THIS PRODUCT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (the Agreement). PLEASE READ THE FOLLOWING TERMS CAREFULLY. Confirm that you agree to be bound by these terms by clicking on the “I agree to these terms and conditions” button below. If you click to accept these terms, they will constitute a binding contract.

  • Limitation of liabilities. Aggrieved buyers of goods have a number of types of damages they can collect should the product not conform to their expectations, including both direct and indirect damages. Direct damages are those that flow necessarily from the breach. Indirect damages include damages that do not flow necessarily from the breach but are foreseeable results of the breach. In some states, parties are permitted to agree to limit that indirect liability in the event of a breach as part of a sale. We recommend you do so using the following language:

Limitation of Liability

To the extent permitted by law, ARCHANGEL SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER RESULTING FROM NON-DELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM THE NEGLIGENCE OR OTHER TORT OF ARCHANGEL. THIS EXCLUSION COVERS, without limitation, damages for LOSS OF USE, REVENUE, OR PROFIT; COST OF SUBSTITUTE EQUIPMENT; ADDITIONAL COSTS INCURRED BY DISTRIBUTOR; AND CLAIMS BY BUYER’S CUSTOMERS OR OTHER THIRD PARTIES.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  • Maximum liability. Some states permit sellers to cap their liability for certain losses caused by defective products at the price of the goods. This provision should read as follows:

Aggregate Liability

ARCHANGEL’S AGGREGATE LIABILITY (WHETHER IN TORT, CONTRACT, OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE—WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, OR STRICT LIABILITY OF ARCHANGEL) FOR ALL LOSSES AND DAMAGES THAT DO NOT INVOLVE PERSONAL INJURY AND ARISE UNDER THIS AGREEMENT OR FROM ANY PRODUCTS OR OTHER ITEMS FURNISHED UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO ARCHANGEL UNDER THIS AGREEMENT WITH REGARD TO THE PRODUCT AT ISSUE.

  • Indemnification. This clause requires purchasers to indemnify Archangel for any third person’s injury or damage to property where that injury or damage was caused by the purchaser’s own negligence:

Agreement to Indemnify Archangel

BUYER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESSARCHANGEL FOR ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATING TO CLAIMS BROUGHT BY THIRD PARTIES AGAINST ARCHANGEL FOR INJURIES, DAMAGES, OR LOSSES CAUSED IN WHOLE OR IN PART BY BUYER’S OWN CONDUCT WITH RESPECT TO THE PRODUCT, INCLUDING NEGLIGENT, GROSSLY NEGLIGENT, OR RECKLESS OPERATION OR USE OF THE PRODUCT.  In no event shall Buyer’s indemnity obligation include that portion of a claim resulting from the negligence, intentional misconduct, or other tortious fault of Archangel.

  • Arbitration. Although not strictly a disclaimer, including an arbitration clause in the contract can help reduce product liability risk by potentially limiting the ability of the buyer to sue Archangel in court.  Here is some sample language:

Dispute Resolution and Binding Arbitration

(a) YOU AND ARCHANGEL ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS FROM ARCHANGEL, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/ or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ARCHANGEL WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  • Exclusive remedies clause. As discussed above, this clause would be included in the warranty, and outlines the exclusive remedy for breach of that warranty. In the absence of an exclusive remedy clause, a buyer can choose among several types of remedies permitted by law for breach of warranty. The language below is just an example of what you might include. We should discuss the specifics of the warranty program you had in mind. Here is the sample language:

Exclusive Remedy for Breach

If the Product fails to conform to the preceding warranty, Buyer must notify Archangel within a reasonable time and in no event more than thirty (30) days after the discovery of the nonconformity and must provide information that Archangel reasonably requests and follow Archangel’s instructions, which may include returning the Product to Archangel at a location to be specified by Archangel. Buyer shall be responsible for and must prepay any shipping expense for return of the Product. Archangel will investigate and, in the event of a breach of warranty, will provide, at its sole option and within a reasonable period of time:

  • repair of any nonconforming Product or components;
  • replacement of any nonconforming Product or components with a conforming Product or components;
  • shipment to Buyer of conforming components to replace nonconforming components; or
  • if a replacement Product of the same model is not reasonably available, replacement of any nonconforming Product with a substantially similar product.

Archangel may use used or repaired material for all warranty claims. This remedy does not cover the cost of transportation of the Product or any replacement equipment to or from Buyer. THE REMEDY SELECTED BY ARCHANGEL IN ACCORDANCE WITH THIS PARAGRAPH SHALL BE THE EXCLUSIVE AND SOLE REMEDY FOR ANY BREACH OF WARRANTY.

Disclaimer

  • This product is NOT WATERPROOF and should not be flown in inclement weather; electronics and motors can be damaged by landing in water or wet grass. Do not store your drone in a damp environment.
  • Per FAA (Federal Aviation Administration) regulation, all drone users must register their drone at https://faadronezone.faa.gov/#/
  • For tips on how to get started using your Ready to Fly drone please visit our video tutorial page at https://archangelfpv.com/tutorials
  • If you are experiencing issues with your equipment, please visit our FAQ page before contacting support.
  • Always install Antenna before powering on a drone. Failure to do so will cause damage to the Video Transmitter.

THIS SECTION PROVIDES IMPORTANT SAFETY INFORMATION. MAKE SURE YOU READ AND UNDERSTAND ALL THE INFORMATION BEFORE USING THE ARCHANGEL. FAILURE TO DO SO MAY RESULT IN PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, AND EVEN DEATH.

Before using the Archangel ensure that all users have reviewed the information below as well as the rest of the manual.

Use by children The Archangel is a racing drone, is NOT A CHILDREN’S PRODUCT, and is not suitable for anyone under the age of 14.

WARNING:

Choking hazard. Small parts. Keep away from small children.

Safe flight area The Archangel is intended as a racing drone, and is capable of flying at high speeds.

ALWAYS ENSURE YOU FLY THE ARCHANGEL IN AN AREA WHERE IT IS SAFE TO FLY. When selecting an area to fly in, consider both the speed at which you are going to be flying, the altitude, and your path.

Never fly:

• over or near people;
• near objects or structures that the Archangel could hit; or
• in high winds, snow, heavy rain, dense fog, or any other environmental
• conditions that makes it hard to see or control the Archangel

FAILURE TO FLY IN A SAFE ENVIRONMENT CAN LEAD TO YOUR ARCHANGEL STRIKING AN OBJECT OR PERSON, WHICH COULD RESULT IN PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, OR EVEN DEATH.

FLYING SAFELY: ALWAYS FLY THE ARCHANGEL IN A SAFE MANNER. When flying, observe the following limitations:

  • Immediately land your Archangel if you feel like it is responding abnormally to commands or otherwise not flying normally, including if there is significant lag between command inputs and the Archangel’s reaction, abnormal vibrations, you are unable to fully control the Archangel, or if Archangel is otherwise not performing as it normally does. All of these issues could be the result of problems with the Archangel or its components. Failing to land when you notice an abnormality could result in an accident.
  • Always maintain visual line of sight with your aircraft. Failing to keep the Archangel in line of sight could result in collision with the ground, an object or structure, another aircraft, or people on the ground.
  • Do not fly more than 600 feet away from you and the controller. The remote signal will not reach farther, so flying beyond this could result in a loss of control that could cause an accident.
  • Take extra care when flying the Archangel in areas that are at high ground elevation (such as on a mountain). The Archangel becomes more difficult to control and the battery depletes more quickly because of thin air in high elevations, so flying in places where the elevation is high even before the Archangel takes off could result in a loss of control that could cause an accident.
  • Do not use your Archangel if the battery feels hot, wet, or loose. These could be indications that the battery is not operating properly. Flying without a properly operating battery could result in loss of power that causes a loss of lift or control that, in turn, could cause an accident.
  • Do not fly your Archangel unless its battery and the controller battery are fully charged. Flying without fully charged batteries could result in an unexpected loss of power that could result in an accident.
  • When you see the On Screen Display flash “low battery” the drone will not be capable of flight at its top speed and will begin to descend on its own. Land the drone as soon as possible. Failing to do so could result in an unexpected loss of power that could result in an accident.

FAILURE TO FOLLOW THESE LIMITATIONS COULD LEAD TO AN ACCIDENT THAT COULD LEAD TO AN ACCIDENT THAT COULD CAUSE PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, OR EVEN DEATH.

ALWAYS FLY THE ARCHANGEL IN A SAFE MANNER. When using the Archangel’s first- person view (FPV) functionality, observe the following limitations:
• Always perform the pre-flight safety checklist without FPV goggles on.
• Always have a visual observer (i.e., spotter) if you are flying using the FPV video functionality. The visual observer must always (1) maintain visual line of sight with the aircraft and (2) be able to effectively communicate with the pilot flying the aircraft.
• When using FPV video, always ensure that you keep the drone close enough that you could reestablish visual line of sight if you needed to.
• If you are flying using the First Person View video and the video quality deteriorates, land the drone immediately and change the video channel until video quality is clear.

FAILURE TO FOLLOW THESE LIMITATIONS COULD LEAD TO AN ACCIDENT THAT COULD CAUSE PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, OR EVEN DEATH.

Signal interference Do not fly close to high-voltage power lines, cellular towers, radio towers, or any other object or structure that emits electromagnetic energy, as these may disrupt your control signal, leading to a loss of control that could result in an accident, which could cause property damage, serious personal injury, or even death.

When not to fly the Archangel FLYING THE ARCHANGEL REQUIRES YOUR COMPLETE CONCENTRATION.

Do not fly the Archangel if you are either intoxicated, overly tired, or suffering from any kind of physical ailment that could interfere with your ability to fly, including any condition that can cause:
Vision problems;
• dizziness or lightheadedness; fever or nausea; or
• balance problems or disorientation; or
• distracted by another activity, such as talking on the phone or texting.

FLYING ARCHANGEL WITHOUT COMPLETE CONCENTRATION CAN LEAD TO YOUR ARCHANGEL HITTING THE GROUND OR STRIKING AN OBJECT OR PERSON, WHICH COULD RESULT IN PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, OR EVEN DEATH.

Blade clearance Archangel has 12 blades that rotate at high speeds to provide lift and thrust. If the blades hit a person they could cause serious personal injury, and if they hit an object they could damage or break it. Always ensure that you maintain a safe distance between the blades and you, other people, or objects.

After flights Following each flight, ensure that you take the following precautions:
• follow the steps for arming and disarming the motors in the User Manual;
• and power down the aircraft before handling.

Failure to follow these steps could result in the aircraft’s blades unexpectedly rotating, which could result in them striking you or nearby objects or people. That could result in serious personal injury or property damage.

Also be aware that some parts of your drone may become very hot after use. Use caution when handling.

WARNING

Regulations There are many state, local, and federal regulations that apply to drone flights that are conducted in the national airspace (i.e., outside of an enclosed structure). In the United States, the FAA requires operators to be aware of regulations regarding use of small UAVs and comply by them.

YOU ARE RESPONSIBLE FOR KNOWING OF AND COMPLYING WITH ALL REGULATIONS.

The FAA maintains a fact sheet with information about its regulations here:
https://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=22615

Operators in the US should consult www.KnowBeforeYouFly.org, a site created by industry groups in partnership with the FAA to educate users about responsible operation of UAVs.

Additionally, there are many areas that drones are not allowed to fly. The FAA maintains important information about restricted areas here:
https://www.faa.gov/uas/where_to_fly/airspace_restrictions/

Additionally, the free B4UFLY Mobile App can help you plan flights that avoid restricted areas.

FAILURE TO COMPLY WITH REGULATIONS COULD NOT ONLY EXPOSE YOU TO CIVIL OR CRIMINAL PENALTIES, BUT COULD ALSO RESULT IN ACCIDENTS, INCLUDING COLLISIONS OR NEAR MISSES WITH OTHER AIRCRAFT (INCLUDING MANNED AIRCRAFT) OR COLLISION WITH PEOPLE OR OBJECTS, WHICH CAN RESULT IN PROPERTY DAMAGE, SERIOUS PERSONAL INJURY, AND EVEN DEATH.

Components Always observe the following limitations with respect to the Archangel’s components:
• Use only Archangel-supplied parts.
• Do not use your drone if any part of the aircraft has been damaged.
• Do not attempt to repair or service any part of the Archangel yourself;
repairs must only be made by an authorized technician.

Flying The Archangel with parts that are not authorized, damaged, or have been repaired by anyone other than authorized technician can result in damage to the product itself. It can also make the Archangel unsafe to fly, which can lead to an accident that causes property damage, serious personal injury, or even death.

Charging

The Archangel is powered by a lithium-ion battery. When charging the battery, always observe the following precautions:
• ALWAYS remove the battery and unplug it from the Archangel before charging. Failure to do so could result in damage to the Archangel.
• Always letthe batteries restfor 10 minutes afterflying before charging.
• Only charge the batteries with the included charger. Use of other chargers can result in fire.
• Never charge the battery while it is hot. Charging a hot battery could lead to the battery overheating, which could damage the battery and lead to a fire.
• Never charge the battery if it is damaged. Doing so could cause a fire.

Improperly handling the battery, including by puncturing it, deforming it, bending it, trying to disassemble or modify it, attempting to insert foreign objects into it, shorting its contacts, or exposing it to water or high temperatures, can cause the battery to overheat, which could result in burns or a fire.

Software modifications This drone works with Betaflight software. Only highly advanced users should make changes to the drone in Betaflight. Making changes without the required skill and experience could result in malfunction of Archangel, which could result in loss of control that leads to an accident.

Powering on

• Failure to install the video antenna before powering the drone on will cause damage to the video transmitter.
• Always follow the steps for arming and disarming the motors in the User Manual. Failure to do so may lead to personal injury or damage to the drone, its battery, or other property.

Electrical shock To reduce the risk of electrical shock, do not attempt open any part of the Archangel or its components that are sealed, as doing so may lead to you coming into contact with internal parts that could cause electrical shock or electrocution. Also, do not use the device if it is damaged or any wires are exposed.

Pacemakers and other implanted medical devices Archangel and its controller emit electromagnetic fields that could interfere with pacemakers or other electronic medical devices.

If you have a pacemaker or other implanted medical device, ask either your physician or medical device manufacturer if it’s OK to fly the Archangel before doing so and, if so, what is the required minimum safe distance, if any, between the Archangel or its controller and your medical device.

FCC Compliance

This device complies with part 15 of the FCC Rules. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation.

NOTE: These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures:
• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and receiver.
• Connect the equipment into an outlet on a circuit different from that
to which the receiver is connected.
• Consult the dealer or an experienced radio/TV technician for help

Pre-Flight Checklist

1. Create a flight plan.
2. Confirm that your planned flight complies with all applicable regulations.
3. Ensure there are no obstacles in your planned flight path.
4. Install the antennae before powering on the drone.
5. Ensure there are no people or obstacles near your takeoff or landing sites.
6. Ensure that all components of your drone are in good working condition and all batteries are fully charged, including by taking the following steps:
a. Conduct a visual inspection of the Archangel and its components for any damage or loose parts.
b. Ensure that the battery is fully charged, cool and dry to the touch, and securely attached to the airframe.
c. Ensure that the propellers are undamaged and securely attached to the motors.
d. Ensure all people and objects are at a safe distance from the aircraft.
e. Without taking off, test the Archangel engines and control surfaces to ensure they are operating correctly.
7. Ensure that the connection between the remote controller and your drone is strong.

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