TERMS OF USE

 

This EZ Lift ™ Vest brand product (this “Product") is a manual transfer device designed for the purpose of ASSISTING individuals in transferring and repositioning maneuvers. The Product buyer, assignee, transferee and or user (the “User”) agree(s) to use the Product for its intended purpose and designed use. This Product is warranted against any manufactured defect for a period of 30 days from the original date of purchase.

 

User agrees to ensure, and is solely responsible for ensuring, the proper, legal, and safe use of the Product. Use of the Product is at the sole risk and discretion of the User. User acknowledges that activities involving potential uses of this Product may be result in personal injury. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE GREATEST EXTENT PROVIDED BY APPLICABLE LAW, THIS PRODUCT IS SOLD ON AN AS IS, WHERE AS, AND WITH ALL FAULTS BASIS, AND EZ LIFT VEST PRODUCTS 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 THE SAFETY OF THE PRODUCT, OR ANY WARRANTY MADE BY ANY DISTRIBUTOR OR OTHER THIRD PARTY. ANY WARRANTY DETERMINED TO BE GIVEN BY EZ LIFT VEST IS CONDITIONED UPON THE USER'S COMPLIANCE WITH THIS TERMS OF USE.

 

To the greatest extent provided by applicable law, the User, for himself/herself/itself and his/her/its heirs, personal representatives, successors, and assigns, hereby releases, discharges, indemnifies, and holds harmless the product owner, manufacturer, designer and their agents, affiliates, successors, and assigns (“EZ Lift Vest and JP Healthcare Solutions, LLC”), from any and against any and all claims, causes of action, damages, injuries, losses, expenses, attorney’s fees, and harm of any kind, whether or not foreseeable, directly or indirectly relating in whole or part to the use of this Product in violation of the terms and conditions of this Terms of Use & Disclaimer, any EZ Lift Vest  directions, warnings or instructions, and applicable law, any use of this Product in violation of the terms and conditions of this Terms of Use and applicable law, and any other use of this Product, regardless of the acts or omissions, whether negligently or otherwise occurring, of the EZ Lift Vest and JP Healthcare Solutions. To the greatest extent provided by applicable law, EZ Lift Vest will not be liable for, and the User waives any right to seek against any EZ Lift Vest or JP Healthcare Solutions, any consequential, indirect, special, statutory, exemplary, punitive, or incidental damages caused by the use of this Product, and the liability of the EZ Lift Vest in the aggregate will be limited to the standard retail purchase price of this Product since the price stated for this Product is a consideration in limiting EZ Lift Vests’ Party's liability. EZ Lift Vest’s ORAL OR OTHER WRITTEN STATEMENTS DO NOT CONSTITUTE WARRANTIES and shall not be relied upon by purchaser or User and are not part of the contract for the sale or the limited warranties.

 

User agrees to review and comply, and is solely responsible for reviewing and complying, with the terms and conditions of any such warranty. The User must ensure, and is solely responsible for ensuring, the proper use of this Product in conjunction with other products and their designed uses. The other products must be compatible with and used in accordance with the written and video instructions of EZ Lift Vest Products, in accordance with industry standards and in a good and workmanlike manner, and in accordance with applicable law.

 

IT IS UNDERSTOOD AND AGREED THAT EZ LIFT VEST / JP HEALTHCARE SOLUTIONS, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN AMOUNT OF THE PURCHASE PRICE PAID BY THE PURCHASER OR USER OF THE PRODUCT AND UNDER NO CIRCUMSTANCES SHALL EZ LIFT VEST OR JP HEALTHCARE SOLUTIONS, LLC BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION IN LIMITING EZ LIFT VEST AND JP HEALTHCARE SOLUTIONS LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS, SALE OR USE OF THE PRODUCT MAY BE BROUGHT BY PURCHASER OR USER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO ANY LIMITATION OR EXCLUSION IN THIS DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE AND USE OF PRODUCTS.

 

 Use of this Product constitutes the User’s acknowledgement that the User has read and understands the warnings, cautions, and Terms of Use  and that the User agrees and consents to the terms and conditions of this Terms of Use. OTHERWISE, DO NOT USE THIS PRODUCT.

 

This Terms of Use document states the entire obligation of EZ Lift Vest and JP Healthcare Solutions, LLC with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable or illegal, including, but not limited to, the Warranty disclaimers and liability disclaimers and liability limitations set forth herein, then the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision (in the event a close match is not possible, only that certain word(s) or phrase which are deemed unenforceable shall be severed from the agreement so as to most closely match the intent of the original provision) and the remainder of the agreement shall be in full force and effect.

 

This disclaimer statement is governed by the laws of the State of North Carolina, USA. You hereby consent to the exclusive jurisdiction and venue of the North Carolina Courts of competent jurisdiction in all disputes arising out of or relating to the use of this product.