TERMS AND CONDITIONS OF SALE
By checking this box, the undersigned (“CUSTOMER” OR “I”) ACKNOWLEDGES, AGREES TO, AND ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT prior to making any purchase, use or interpretation of information or products provided by Response Ready Medical®, ( the “Company” or “RRMED”). THIS CONSTITUTES A LEGAL AND BINDING AGREEMENT between the Customer and RRMED.
TRADEMARKED PROPERTY
I, THE CUSTOMER, UNDERSTAND THAT:
- (a) The Response Ready Medical® company name and logo are trademarked property owned by the founder of Response Ready Medical® and are registered with the United States Patent and Trademark Office;
- (b) Any unauthorized use or resale of this protected intellectual property without expressed written consent of RRMED is illegal. Violations will be met with legal action by the attorneys of Response Ready Medical®; and
- (c) if I violate this legal contract with Response Ready Medical®, I, THE CUSTOMER, MAY BE HELD LIABLE IN A COURT OF LAW.
RELEASE OF LIABILITY:
I, THE CUSTOMER, HAVE A COMPREHENSIVE UNDERSTANDING OF THE LIABILITY THAT I UNDERTAKE if I lend aid to an individual(s) experiencing a medical, traumatic, or psychological emergency. I HEREBY RELEASE RESPONSE READY MEDICAL® FROM ANY LIABILITY for any direct or indirect consequences incurred in aiding in an emergency situation. Customer understands and agrees that they are familiar with the use and operation of the medical supplies sold by Response Ready Medical®. Customer understands and agrees that by using said medical supplies, Customer is using said medical supplies at their own risk. It is expressly understood and agreed that RRMED shall not be liable for any damages whatsoever arising from injuries to the person and/or property damage or loss of the Customer arising from the use of, operation of, or in any way connected with medical supplies or any part there from whatever cause arising.
CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT:
- (a) None of the training and/or informational material displayed on the Company’s website or provided by RRMED constitutes any form of certification or license and are intended for general information purposes only;
- (b) Professional emergency medical personnel must be contacted via 911 in an emergency situation, regardless of any equipment or education that a lay rescuer, including the Customer may carry or possess;
- (c) Attempting to provide medical care in an uncontrolled environment may result in bodily injury or death;
- (d) Customer is certified and or licensed to the level of care required to possess and utilize the equipment purchased in Customer’s state, province, or jurisdiction of residence; and
- (e) By checking this box the customer states that they possess a medical device authorization for advanced or intermediate level products available through this website that require such authorization as well as agree to produce said medical device authorization upon request by RRMED.
INDEMNIFICATION AGREEMENT:
Under the terms of this Agreement the sufficiency of which is hereby acknowledged, CUSTOMER DOES HEREBY RELEASE AND FOREVER DISCHARGE AND INDEMNIFY the Company including its owners, managers, agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which now have or may hereafter arise out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating the claimed liability.
VENUE:
This Contract shall be governed by the laws of the State of Washington. Venue for any action pursuant to this Agreement shall be in Spokane County, Washington.
ACKNOWLEDGMENT AND SIGNATURE:
This Document is effective upon the date the customer checks terms and conditions box. I, (THE CUSTOMER), AM SWORN TO UPHOLD THIS LEGALLY BINDING CONTRACT AND SHALL NOT HOLD RESPONSE READY MEDICAL® LIABLE for my actions, product or information use, or injuries sustained to myself or others including death while utilizing equipment purchased from Response Ready Medical®.
I (THE CUSTOMER) UNDERSTAND THAT CHECKING THE BOX LABELED TERMS AND CONDITIONS IS EQUIVALENT TO (THE CUSTOMER’S) DIGITAL SIGNATURE AND CONSTITUTES A LEGALLY BINDING CONTRACT, signifying that I (THE CUSTOMER) AGREE TO ALL OF THE ABOVE TERMS AND AGREE TO RELEASE RESPONSE READY MEDICAL® FROM ANY AND ALL LIABILITY, and will not pursue any legal action against Response Ready Medical®.