What do I need to know as a Donater?
In the United States, Good Samaritan laws offer legal protection from civil lawsuits to people who voluntarily provide reasonable aid to those who are injured, ill, in danger, or otherwise incapacitated. A claim of negligent care can also be raised if the injuries or illness were made worse by the volunteer’s negligence. Laws generally do not exempt a Good Samaritan who acts in a willful, wanton or reckless manner in providing care, advice, or assistance.
Amatis Controls is providing You with the specifications you will need to assist in the procurement of items which are much-needed during this pandemic; however, you are responsible for your donations, so please practice due diligence (the care that a reasonable person exercises to avoid harm to other persons or their property). We want your contributions to help, not harm!
What do I need to know as an Organization?
You are fully responsible for a determination as to whether any received part is appropriate for use in a medical or non-medical environment.
You acknowledge that you understand that Amatis Controls is acting as a good samaritan and an independent volunteer providing information and specifications to manufacture items.
We do not certify the design or components operate properly or satisfy any regulatory requirements. This Release, Waiver of Liability, Defense, Indemnification and Hold Harmless Agreement (“Agreement”) is meant to reflect the fact that Amatis Controls offers any designs as an experimental device, without warranty of any kind.
The person signing below (“You”) is either the organizational recipient of the product or the individual recipient buying the masks. If the You are an adult under the laws of the relevant jurisdiction or the parent or legal guardian of the child if the individual recipient/organization is a child under the laws of the relevant jurisdiction.
You understand that the funds donated to Amatis Controls are meant to benefit society, and is not intended, and shall not be used, for commercial use. If You are an adult under the laws of the relevant jurisdiction and are the individual recipient or organization, you acknowledge that You understand the potential risks of the donation and expressly assume such risks. If the individual recipient or organization is a child under the laws of the relevant jurisdiction, You represent that You are the parent or legal guardian of the child and that You understand the potential risks of the donation and expressly assume such risks on behalf of the individual recipient or organization.
Furthermore, You (either for yourself or your child) release and forever discharge Amatis Controls from any and all liability for acts or omissions— including negligent acts or omissions—causing damage, loss, injury, or death to the individual recipient or others from the use of the funds.
You agree to defend, indemnify and hold Amatis Controls harmless from any and all liability or loss—including liability for negligence—arising in conjunction with or resulting from the individual recipient’s use of the design (including all attorney’s fees and expenses incurred by Amatis Controls).
You further understand and agree that Amatis Controls and any individual associated with Amatis Controls shall not be liable for any injuries or damages, including any consequential, incidental, indirect, punitive or special damages, resulting from or arising out of the use of the funds provided by Amatis Controls or any individual associated with Amatis Controls.
Any information provided by Amatis Controls and any individual associated with Amatis Controls is not intended to be relied upon to protect from, diagnose or treat a health problem or disease, and Amatis Controls makes no claims regarding the use of funds and how the procured goods are distributed. Any statements made by Amatis Controls are for informational purposes only and are not meant to replace the services or recommendations of a physician or other qualified health care practitioner.
You acknowledge that this Agreement is governed by the laws of the State of Michigan (without reference to its conflict of law provisions) and the parties intend that this Agreement be interpreted as broadly and inclusively as permitted by law. If any portion of this Agreement is found to be invalid for any reason, the remainder of the Agreement shall continue to remain in full force and effect and shall continue to be binding.
By accessing Amatis Controls, You acknowledge that You have carefully read the foregoing provisions, understand their contents, and agree with and to each and every provision herein.