DISCLAIMERS

 

TROVA PRODUCTS MUST BE USED IN ACCORDANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS. 

 

TROVA PRODUCTS ARE NOT INTENDED FOR THE STORAGE OF ILLEGAL, UNSAFE, OR INHERENTLY DANGEROUS DEVICES OR MATERIALS, INCLUDING BUT NOT LIMITED TO FEDERALLY REGULATED DRUGS OR NARCOTICS, FIREARMS, OR EXPLOSIVES.  BUYER SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL FEDERAL AND STATE LAWS AND REGULATIONS CONCERNING THE ACQUISITION, STORAGE, DISTRIBUTION, CONTROL, AND/OR RECORDKEEPING OF ANY SUPPLIES OR MATERIALS THAT BUYER ELECTS TO STORE IN ANY TROVA PRODUCTS AND FOR PROPER USE OF SUCH TROVA PRODUCTS IN ACCORDANCE WITH ANY APPLICABLE INSTRUCTIONS.

 

TROVA PRODUCTS ARE NOT MEDICAL DEVICES, AND ARE NOT INTENDED FOR STORAGE OF EMERGENCY MEDICATIONS, OR OF MEDICAL DEVICES SUCH AS EPINEPHRINE PENS, ASTHMA INHALERS, OR ANY OTHER MEDICINES, DEVICES, OR DIAGNOSTIC TOOLS INTENDED FOR USE IN EMERGENCY SITUATIONS.  SELLER DOES NOT PROVIDE, AND UNDER NO CIRCUMSTANCES SHALL BE RESPONSIBLE OR LIABLE FOR, ANY (I) EMERGENCY MEDICAL OR OTHER FIRST RESPONDER SERVICES, (II) DIRECT MEDICAL CARE, (III) MEDICAL ADVICE, OR (IV) MEDICATIONS, DRUGS, NARCOTICS, OR OTHER MEDICINES OR SUPPLIES STORED IN ANY TROVA PRODUCTS.  ONLY PHYSICIANS, PHARMACISTS, OR OTHER LICENSED AND AUTHORIZED LEARNED INTERMEDIARIES MAY PRESCRIBE OR PROVIDE SUCH MEDICATIONS, DRUGS, NARCOTICS, OR OTHER MEDICINES OR SUPPLIES AND THE DIRECTIONS RELATED THERETO.  SELLER PROVIDES NO WARRANTY AND MAKES NO REPRESENTATION OF ANY KIND WITH RESPECT TO ANY SUCH THIRD PARTY SERVICES OR MATERIALS, INCLUDING BUT NOT LIMITED TO ANY DIRECT OR INDIRECT CONSEQUENCES OF ANY FAILURE TO USE OR ADMINISTER ANY MEDICATIONS, DRUGS, NARCOTICS, OR OTHER MEDICINES OR SUPPLIES STORED IN TROVA PRODUCTS, WHETHER OR NOT RELATED TO ANY MALFUNCTION OF ANY TROVA PRODUCTS.

 

ANY TECHNICAL ADVICE FURNISHED BY SELLER WITH REFERENCE TO THE USE OF THE TROVA PRODUCTS IS GIVEN GRATIS AND IS ACCEPTED BY BUYER ONLY AT BUYER’S OWN RISK.  SELLER ASSUMES NO OBLIGATION OR LIABILITY FOR ANY OF THE ADVICE GIVEN OR RESULTS OBTAINED.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY TROVA PRODUCTS, WHETHER ALONE OR IN COMBINATION WITH OTHER ARTICLES OR MATERIALS, OR IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COST, GENERAL EFFECTIVENESS, OR SUCCESS OR FAILURE, REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY SELLER WITH RESPECT TO THE USE OF SUCH TROVA PRODUCTS BY WAY OF TECHNICAL ADVICE OR OTHERWISE.

 

LIMITATION OF LIABILITY AND INDEMNIFICATION

 

SUBJECT TO AND WITHOUT MITIGATION OF ANY OTHER PROVISION HEREIN, EXCEPT IN THE EVENT OF SELLER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SELLER SHALL NOT BE LIABLE TO ANY PERSON FOR (I) INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST OR DIMINISHED PRODUCTION, BUSINESS INTERRUPTION, OR CLAIMS OF CUSTOMERS OR OTHER THIRD PARTIES, WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, OR (II) ANY PERSONAL INJURY, PROPERTY DAMAGE, OR CIVIL OR CRIMINAL FINES OR OTHER PENALTIES ARISING DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE OR USE BY BUYER OF THE TROVA PRODUCT.

 

To the fullest extent allowed by applicable law, Buyer shall defend, indemnify and hold harmless Seller from any and all losses, damages, costs, or expenses of any kind (including reasonable attorneys’ fees, court costs, and other costs arising from fines, civil penalties, personal injury to, or damage to the property of third parties) arising directly or indirectly out of or otherwise related to Buyer’s purchase or use of the TROVA Product or Buyer’s recklessness, willful misconduct, or violation of law.