By proceeding to this website (the “Site”) of Open Source Medical Supplies (“OSMS”), a program of RESOLVE, a District of Columbia nonprofit corporation, you certify that you have read and agreed to all Terms of Service (the “Agreement”) below.
Site Notice
This Site includes reference materials in service to the ongoing development of global COVID-19 response efforts. Some of these materials are created by OSMS, while others are linked to or reproduced from third parties. OSMS is not responsible for their content and makes no representations whatsoever concerning the content of these third party sites. You access these materials at your own risk, and should review all warnings, directions, and other terms provided, including those provided by any third-party host, before making use of them. OSMS does not warrant the accuracy of any materials hosted on or linked to by this Site.
This Site is not an attempt to practice medicine or provide specific medical advice, and it should not be used to substitute for professional medical advice, diagnosis or treatment. The content of this Site, such as graphics, images, text and all other materials, is provided for reference and educational purposes only. The content is not meant to be complete or exhaustive or to be applicable to any specific individual’s medical condition. Since medical developments occur daily, this Site may contain outdated material. You should consult directly with medical experts before manufacturing or using any materials hosted on or linked to from this Site. While reasonable efforts are made to present current and accurate information, no guarantee of any kind is made and OSMS is not liable for any damage or loss related to the accuracy, completeness or timeliness of any information contained on or linked from this Site. The inclusion of any reference or resource should not be construed as endorsement, promotion, or support of any organization.
Regulatory Notice
The linked and packaged projects included on this Site have not been cleared, certified, or otherwise approved by the Food and Drug Administration (FDA), the National Institute for Occupational Safety and Health (NIOSH), or any equivalent national regulatory agency. OSMS does not offer any warranty or assume any liability for the use of the included projects. Projects should only be used during the declared COVID-19 public health emergency if cleared by the FDA or relevant regulatory agency. Projects have not been evaluated for the prevention of specific diseases or infections, the filtering of surgical smoke or plumes, the filtering of specific amounts of viruses or bacteria, or the killing or reduction of the amount of viruses, bacteria or fungi. Nothing hosted on or linked to from this site is recommended for use in a surgical setting where exposure to liquid, bodily or other hazardous fluids may be expected or for use in a clinical setting where infection risk level through inhalation exposure is high.
Effective March 24, 2020, the Secretary of Health and Human Services (HHS) issued a notice (pursuant to section 564 of the Federal Food, Drug, and Cosmetic (FD & C) Act) determining pursuant to his authority under section 564 of the FD & C Act that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel coronavirus now named SARS-CoV-2, which causes the illness COVID-19. On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of medical devices, including alternative products used as medical devices, pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section. You should consult FDA guidance and any other applicable laws or regulations regarding any projects covered by any authorizations issued.
Liability Notice
You acknowledge and agree that OSMS and RESOLVE, a District of Columbia nonprofit corporation, and each of their officers, employees, agents, parents, affiliates, successors, contractors, and assigns (collectively, “we”, “us”, or “our”) are not responsible for any projects hosted by or linked to from this Site and we make no guarantees regarding the accuracy, currency, suitability, or quality of any projects, and we assume no responsibility for any projects.
You hereby release and forever discharge us from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, this Site.
THE SITE AND ANY PROJECTS HOSTED BY OR LINKED TO FROM THE SITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON INFRINGEMENT. WE MAKE NO WARRANTY THAT THE INFORMATION OR PROJECTS ON THIS WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY, RISK, LIABILITY, AND DAMAGES ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM THE USE OF THIS WEBSITE OR THE PROJECTS HOSTED ON OR LINKED TO FROM THIS WEBSITE.
WE ASSUME NO RESPONSIBILITY, NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES OR MALWARE THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SITES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES OR HOSTED PROJECTS OR LINKS TO PROJECTS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND ITS CONTENT ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Notice To Manufacturers
You are responsible for any equipment you manufacture utilizing any materials hosted by or linked to from this Site. You are also responsible for any federal or state regulatory requirements that apply to the manufacture of products intended for medical use, and are responsible for informing health care providers to which the product is supplied that they are responsible for decisions regarding appropriate personal protective equipment for their personnel. Any products manufactured using materials hosted by or linked to from this Site must include the Regulatory Notice and the Liability Notice as set forth above displayed prominently on packaging and marketing materials, as well as any information required by the FDA or other governmental authorities.
Indemnification
You agree to hold harmless OSMS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement.
You also agree to defend and indemnify OSMS, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to any use of the Site’s content, services, and products (other than your own User Contributions) that is not expressly authorized in this Agreement.
Governing Law
By using this Site or any materials presented or linked to herein, you agree that the Federal Arbitration Act, applicable federal law, and the substantive and procedural laws of the state of California, will govern this Agreement and all claims, causes of action, controversies, or matters in dispute between the parties to this Agreement, whether sounding in contract, tort, statute, regulation, or otherwise, and without giving effect to any choice of law or conflict of laws rules or provisions, whether of the state of California or any other jurisdiction, that would cause the application of the laws of any jurisdiction other than the state of California. The parties exclude application of the United Nations Convention on Contracts for the International Sale of Goods.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
At our sole discretion, OSMS may require you to submit any disputes arising from this Agreement or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of the state of California.Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. This arbitration provision will survive termination of this Agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Unless both you and OSMS agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or OSMS may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Waiver and Severability
No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of OSMS to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the this Agreement will continue in full force and effect.
Entire Agreement
This Agreement constitute the sole and entire agreement between you and OSMS regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.