Liability waiver
Improper use, including excess freezing levels beyond those, which are recommended
or for an excessive duration, may result in bodily injury to clients/patients or to
operator. Equipmed and their affiliates, respective directors, officers, shareholders,
employees, agents and contractors are not liable or responsible, regardless of whether
such liability or responsibility is based on breach of contract, tort, strict liability, breach
of warranties, failure of essential purpose, fundamental breach or otherwise, for any
death or injury, whether physical or mental, or for any incidental, consequential,
indirect, special or punitive damages, arising out of the DermapenCryo™, its design,
specifications, possession and use, and treatment procedures, and whether or not
any such death, injury, loss, damage(s) result from the negligence, default or error
in judgment by Equipmed their affiliates, respective directors, officers, shareholders,
employees, agents and contractors, and even if advised of the possibility of such
damages. You agree to indemnify Equipmed, their affiliates, respective directors,
officers, shareholders, employees, agents and contractors, from and against any and
all liability, damages, losses, costs, judgments, fines, penalties and expenses (including
legal expenses) of any kind or nature, including, without limitation, incidental,
consequential, indirect, special or punitive damages, arising out of claims, demands,
actions, causes of action, proceeding or suits, whether in law or in equity, due to any
death, injury, loss, damage or damages as here in before referred to.
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