DISCLAIMER
The Respiray device is not a medical-grade Personal Protective Equipment (PPE) and in circumstances where medical-grade Personal Protective Equipment is required, you should consult a healthcare professional.
HyGear Technologies and its Partners are private companies and are providing the Donated Assets to randomly selected and verified teachers (RECIPIENT) in such capacity and at no charge to the RECIPIENT.
RECIPIENT voluntarily accepts the Donated Assets “As-Is.”
In consideration for accepting the Donated Assets, RECIPIENT agrees to the following waiver of
liability and indemnity provisions:
Receipt of Assets. The RECIPIENT acknowledges receipt of the following assets donated by HyGear Technologies and its Partners to the RECIPIENT.
No Warranties. HyGear Technologies and its Partners, including their officers, employees, and agents, make no representations whatsoever, extend no warranties of any kind, either written, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, and assumes no responsibilities whatsoever with respect to design, development, manufacture, or use of the Donated Assets. Furthermore, in no event shall HyGear Technologies and its Partners be liable for direct, indirect, special, consequential, incidental or punitive loss, damage or expenses arising out of or in connection with this agreement, including but not limited to recipient's use of the assets or removal of the assets from the premises of HyGear Technologies or its Partners.
Waiver of Liability. RECIPIENT does hereby waive, release and discharge any and all claims for damages for personal injury, death, property damage, any claim in tort, or any other claim, regardless of legal theory, that may hereafter accrue as a result of the use of the Donated Assets. The entire risk as to the performance of the Donated Assets is assumed by RECIPIENT. In no event shall HyGear Technologies and its Partners or their officers, employees or agents, be responsible or liable for any direct, indirect, special, incidental, consequential damages, lost profits, or any other economic or physical loss or damage to any individual regardless of legal theory resulting from use of the Donated Assets. The above limitations on liability apply even though HyGear Technologies and its Partners may have been advised of the possibility of such damage.
Indemnification. RECIPIENT agrees to indemnify and hold harmless HyGear Technologies and its Partners from any and all claims, liability and damages, arising from the use of the Donated Assets except those arising from the sole negligence or willful misconduct of HyGear Technologies and its Partners.
BY HITTING SUBMIT, THE RECIPIENT HAS CAREFULLY READ THIS WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT AND UNDERSTANDS ITS CONTENTS. RECIPIENT IS AWARE THAT THIS IS A COMPLETE RELEASE OF LIABILITY OF HYGEAR TECHNOLOGIES AND ITS PARTNERS BY THE RECIPIENT.