CAD Disclaimer

The following disclosures, terms, and conditions are strictly applicable to the purchase of our Choke Assist Device (“CAD”), and are not subject to modification:

ITD Food Safety (“ITD”) cannot guarantee that all information provided by ITD in connection with the CAD, whether contained in advertising, on this website, or otherwise, is always correct, complete, and/or current. ITD does not represent or warrant that the CAD will always operate in accordance with its accompanying instructional materials and/or documentation (collectively, “Materials”), or will have the specific results described therein. Purchaser should test the CAD in advance to assure Purchaser of the suitability of the CAD for Purchaser’s intended needs and usage.

THE CAD IS PURCHASED BY PURCHASER "AS IS” AND “WITH ALL FAULTS,” AND, IN CONNECTION THEREWITH, ITD MAKES NO REPRESENTATION, WARRANTY, COVENANT, OR ASSURANCE OF ANY KIND, WHETHER EXPRESS, WRITTEN, ORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ITS SUITABILITY FOR INTENDED USE, CONDITION, OR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION PRO-VIDED BY ITD OR OTHERWISE PROVIDED. ITD DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF WHATEVER NATURE, INCLUDING, WITHOUT LIMITATION, OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, IN-FORMATION ACCURACY OR COMPLETENESS, OR INFRINGEMENT OF THE RIGHTS OF OTHERS. ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE CAD RESTS SOLELY WITH PURCHASER.

IN NO EVENT SHALL ITD, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OWNERS, AGENTS, SUPPLIERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, ALL OF THE FOREGOING SHALL HEREIN BE REFERRED TO AS THE “INDEMNIFIED PARTIES”), BE RESPONSIBLE OR LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNI-TIVE OR EXEMPLARY DAMAGES WHATSOEVER ARISING, DIRECTLY OR IN-DIRECTLY, IN CONNECTION WITH PURCHASER’S USE OF OR INABILITY TO USE THE CAD OR ANY OF THE MATERIALS, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFIT OR INFORMATION, BUSINESS FAILURE OR INTERRUPTION, PERSONAL INJURY TO OR THE DEATH OF ANY PERSON, FAILURE TO PERFORM ANY LEGAL OR OTHER DUTY, NEGLIGENCE, OR ANY OTHER CLAIM FOR DAMAGE OR LOSS BY PURCHASER OR OTHERWISE. THE FOREGOING APPLIES EVEN IN THE EVENT ITD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

THE ENTIRE LIABILITY OF ALL INDEMNIFIED PARTIES TO PURCHASER IN CONNECTION WITH THE PURCHASE AND/OR USE OF ANY CAD, AND PURCHASER’S EXCLUSIVE REMEDY IN CONNECTION THEREWITH AGAINST ALL INDEMNIFIED PARTIES COLLECTIVELY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY PURCHASER FOR THE APPLICABLE CAD.

PURCHASER SHALL INDEMNIFY, DEFEND, HOLD HARMLESS, AND PROTECT ITD, AND EACH OF THE OTHER INDEMNIFIED PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, ACTIONS, CAUSES OF ACTION, ATTORNEYS’ FEES, COURT COSTS, AND OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL SUCH ITEMS DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH, PERSONAL INJURY AND/OR WRONGFUL DEATH, PROPERTY DAMAGE, AND/OR INFRINGEMENT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CAD BY PURCHASER. PUR-CHASER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT THE USE OF THE CAD INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING, POTENTIALLY AND WITHOUT LIMITATION, PERMANENT DISABILITY, PARALYSIS, AND DEATH. PURCHASER ACCEPTS AND ASSUMES ALL SUCH RISKS AND ALL RESPONSIBILITY THEREFOR, INCLUDING, WITHOUT LIMITATION, ALL LOSSES, COSTS, AND DAMAGES INCURRED AS A RESULT OF SUCH USE.

THE IMPROPER USE OR MISUSE OF THE CAD COULD RESULT IN SERIOUS PERSONAL INJURY OR DEATH. THE CAD IS NOT INTENDED TO BE USED BY CHILDREN OR BY ANYONE OTHER THAN A COMPETENTLY TRAINED ADULT PERSON. THE CAD IS INTENDED FOR USE ONLY WHERE TRADITIONAL METHODS OF CPR, INCLUDING, WITHOUT LIMITATION, THE HEIMLICH MANEUVER, ARE NOT AVAILABLE, FAIL, OR ARE TOO DANGEROUS TO EMPLOY UNDER THE CIRCUMSTANCES.THE CAD SHALL BE USED BY PURCHASER SOLELY AS DESCRIBED, AND IN ACCORDANCE WITH THE PROCEDURES SPECIFIED, IN THE CAD ACCOMPANYING MATERIALS. THE PROPER AND COMPETENT USE OF THE CAD IN ACCORD-ANCE WITH ALL INSTRUCTIONS CONTAINED WITHIN THE MATERIALS IS THE SOLE AND EXCLUSIVE RESPONSIBILITY OF PURCHASER. ITD IS UNDER NO OBLIGATION TO PROVIDE SUPPORT SERVICES OF ANY NATURE IN CONNECTION WITH THE PURCHASE OR USE OF ANY CAD BY PUR-CHASER. PERSONS RESCUED BY A CAD SHOULD BE IMMEDIATELY EVALUATED BY A LICENSED MEDICAL PROFESSIONAL.

THE FOREGOING PROVISIONS OF THIS DISCLAIMER SET FORTH THE ENTIRE OBLIGATION OF ITD WITH RESPECT TO THE PURCHASE AND/OR USE OF ANY CAD. IF ANY PART OF THE FOREGOING DISCLAIMER IS DETERMINED TO BE VOID, INVALID, OR UNENFORCEABLE, INCLUDING, WITHOUT LIMITATION, THE WARRANTY DISCLAIMERS, LIABILITY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND OR INDEMNIFICATIONS SET FORTH HEREIN, ANY INVALID OR UNENFORCEABLE PROVISION SHALL BE DEEMED TO BE SUPERSEDED BY A VALID AND ENFORCEABLE SUBSTITUTE PROVISION THAT MOST CLOSELY MATCHES THE INTENT AND PURPOSE OF THE ORIGINAL PROVISION AND THE REMAINDER OF ALL DISCLAIMER PROVISIONS CONTAINED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. IT IS THE SPECIFIC INTENTION OF ITD AND PURCHASER THAT ALL PROVISIONS OF THIS DISCLAIMER BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ALL PROVISIONS OF THIS DISCLAIMER ARE TO BE APPLIED AND ENFORCED SOLELY IN ACCORDANCE WITH THE SUBSTANTIVE AND PROCEDURAL LAWS, EXCLUSIVE OF THE PRINCIPLES OF THE CONFLICTS OF LAWS, OF THE STATE OF FLORIDA, AND EXCLUSIVE JURISDICTION AND VENUE OF ALL OF THE SAME SHALL RESIDE IN THE STATE AND FEDERAL COURTS WITH JURISDICTION IN BREVARD COUNTY, FLORIDA.

 

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