Indemnification - CASMS
RELEASE, WAIVER OF LIABILITY, DEFENSE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
By accessing any of the links on this page, you acknowledge that you understand that the collaborators who have created this CASMS site (individually and collectively refereed to as “CASMS”) are acting as a good Samaritans and independent volunteers providing dissemination of information on designs and testing methods (collectively “Solutions”) that can be implemented by nontraditional medical suppliers for “COVERED COUNTERMEASURES” to be made or tested by a “COVERED PERSON” as defined in the United States’ Public Readiness and Emergency Preparedness Act (Prep Act), Public Law 109-148, Division C, Section 2 and other similar laws.
These Solutions are solely intended for professional use in support of the following purposes: To diagnose, mitigate, prevent, treat, cure, or limit the harm of SARS-COV-2 or a virus mutating therefrom and the resulting disease, COVID-19. These Solutions may not be used for any unlawful purposes and that use is expressly prohibited under the terms and conditions of its use. Given the exigent circumstances under which these Solutions are being made, CASMS makes no representation as to the safety and efficacy of these Solutions. CASMS does not certify the Solutions operate properly or satisfy any regulatory requirements. This Release, Waiver of Liability, Defense, Indemnification and Hold Harmless Agreement (“Agreement”) is meant to reflect the fact that CASMS offers Solutions as an experimental device, without warranty of any kind. The person agreeing by accessing any links on this page (“You”) is either the individual recipient of the Solution if the individual recipient is an adult under the laws of the relevant jurisdiction or the parent or legal guardian of the child if the individual recipient is a child under the laws of the relevant jurisdiction.
You agree that any Solution provided to You by CASMS or by any individual associated with CASMS is provided “AS IS” and without representations or warranties of any kind, express or implied. By accessing any link on this site you acknowledge that the Solutions have not been evaluated or approved by any regulatory authority. CASMS does not promote, encourage, or condone the inappropriate use of any intellectual property.
If You are an adult under the laws of the relevant jurisdiction and are the individual recipient, you acknowledge that You understand the potential risks of the use of any Solution and expressly assume such risks. If the individual recipient is a child under the laws of the relevant jurisdiction, You represent that You are the parent or legal guardian of the child and that You understand the potential risks of the use of the Solution and expressly assume such risks on behalf of the individual recipient.
FURTHERMORE, YOU (EITHER FOR YOURSELF OR YOUR CHILD) RELEASE AND FOREVER DISCHARGE CASMS FROM ANY AND ALL LIABILITY FOR ACTS OR OMISSIONS— INCLUDING NEGLIGENT ACTS OR OMISSIONS—CAUSING DAMAGE, LOSS, INJURY, OR DEATH TO THE INDIVIDUAL RECIPIENT OR OTHERS FROM THE USE OF THE SOLUTION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD CASMS HARMLESS FROM ANY AND ALL LIABILITY OR LOSS—INCLUDING LIABILITY FOR NEGLIGENCE—ARISING IN CONJUNCTION WITH OR RESULTING FROM THE INDIVIDUAL RECIPIENT’S USE OF THE SOLUTION (INCLUDING ALL ATTORNEY’S FEES AND EXPENSES INCURRED BY CASMS).
You further understand and agree that CASMS and any individual associated with CASMS shall not be liable for any injuries or damages, including any consequential, incidental, indirect, punitive or special damages, resulting from or arising out of the use of a Solution provided by CASMS or any individual associated with CASMS.
Any information provided by CASMS and any individual associated with CASMS is not intended to be relied upon to protect from, diagnose or treat a health problem or disease, and CASMS makes no claims regarding the Solution or any of its components. You should consider consultation with a qualified safety professional prior to providing a Solution manufactured or tested pursuant to the information provided through CASMS. Any statements made by CASMS are for informational purposes only and are not meant to replace the services or recommendations of a physician or other qualified health care practitioner.
You acknowledge that this Agreement is governed by the laws of the State of Massachusetts (without reference to its conflict of law provisions) and the parties intend that this Agreement be interpreted as broadly and inclusively as permitted by law. If any portion of this Agreement is found to be invalid for any reason, the remainder of the Agreement shall continue to remain in full force and effect and shall continue to be binding.
By accessing any information regarding a Solution, You acknowledge that You have carefully read the foregoing provisions, understand their contents, and agree with and to each and every provision herein.