Liability Waiver and Indemnification Agreement
By accessing the provided 3D printing files and related documents (“Files”), You acknowledge that You have carefully read and understand the following provisions, and that the provisions form an Agreement between You and IC3D.
- The person accessing the Files (“You”) confirms that he or she is a competent adult under the laws of the relevant jurisdiction. If You are not an adult, You are not permitted to access the Files.
- You understand that IC3D Inc., including its employees and agents, (“IC3D”) is not a traditional provider of medical equipment but is offering its services as a good Samaritan to help address the shortage of needed equipment during the COVID-19 pandemic. You acknowledge that IC3D does not certify that the device or components that can be created by using the Files (“Item”) satisfies any regulatory requirements. ANY STATEMENTS MADE BY IC3D ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT A GUARANTEE OF THE FITNESS OF THE FILES OR ITEM FOR ANY PARTICULAR USE. Therefore, You agree that the Files provided to You by IC3D are provided “AS IS” and that IC3D MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE FILES OR ITEM. You acknowledge that You understand the potential risks of the use of the Files and Item and expressly assume such risks.
- You release and forever discharge IC3D from any and all liability for acts or omissions, including negligent acts or omissions, causing damage, loss, injury, or death to You or others from the use of the Files or Item. You agree to defend, indemnify and hold IC3D harmless from any and all liability or loss (including attorney’s fees) arising in conjunction with or resulting from the use of the Files or Item.
- You understand that the Files furnished by IC3D are meant to benefit society and are not intended, and shall not be used, for commercial use.
- You acknowledge that this Agreement is governed by the laws of the State of Ohio, 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.