The ResQUp product (the “Product”) is designed, and intended, only for aiding patients, healthcare providers and caregivers in clinical, assistive care and in-home settings. The person or entity buying the Product and/or using the Product, even if different from such buyer, (the “User”) shall use the Product only for such purposes.
The User must ensure, and is solely responsible for ensuring, the proper and safe use of the Product. Use of the Product is at the sole risk and discretion of the User. The User acknowledges that rising from a fall is dangerous and may cause death, personal injury, or property damage.
ResQUp is warranted for materials and workmanship by Safe Patient Solutions, LLC, an Arizona limited liability company (“SPS”), for 1 year following the date of purchase. EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN THE FOREGOING, THE PRODUCT IS SOLD ON AN AS IS, WHERE AS, AND WITH ALL FAULTS BASIS, AND SPS DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AS TO RECOVERY OR HEALTH IMPROVEMENT, OR ANY WARRANTY MADE BY ANY DISTRIBUTOR OR OTHER THIRD PARTY. ANY SUCH LIMITED WARRANTY IS CONDITIONED UPON THE USER’S COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS DISCLAIMER.
THE USER, FOR HIMSELF/HERSELF/ITSELF AND HIS/HER/ITS HEIRS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HEREBY RELEASES, DISCHARGES, INDEMNIFIES, DEFENDS, PROTECTS AND HOLDS SPS AND ITS AGENTS, EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS (THE “SPS PARTIES”) HARMLESS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, INJURIES, LOSSES, EXPENSES, ATTORNEYS’ FEES, AND HARM OF ANY KIND, WHETHER OR NOT FORESEEABLE, DIRECTLY OR INDIRECTLY RELATING IN WHOLE OR PART TO THE USE OF THIS PRODUCT, REGARDLESS OF THE ACTS OR OMISSIONS, WHETHER NEGLIGENTLY OR OTHERWISE OCCURRING, OF ANY SPS PARTY. EACH SPS PARTY WILL NOT BE LIABLE FOR, AND THE USER HEREBY WAIVES ANY RIGHT TO SEEK AGAINST ANY SPS PARTY, ANY CONSEQUENTIAL, INDIRECT, SPECIAL, STATUTORY, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES CAUSED BY THE USE OF THIS PRODUCT, AND THE LIABILITY OF THE SPS PARTIES IN THE AGGREGATE WILL BE LIMITED TO THE PURCHASE PRICE OF THIS PRODUCT.
Use of this Product constitutes the User’s acknowledgement that the User has read and understands the warnings, cautions, terms and conditions in this Disclaimer and that the User agrees and consents to the terms and conditions of this Disclaimer; OTHERWISE DO NOT USE THIS PRODUCT.