By your use of this website, your application for assistance for an amputee with Lower (and in some cases Upper) Limb Loss in the obtainment of a prosthetic device, your acceptance of any such assistance, and/or by your receipt of any prosthetic device, you agree to the following:
1. NO WARRANTY. RISE UP FOUNDATION AND ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RISE UP FOUNDATION EXPRESSLY DISCLAIMS ANY WARRANTY FOR ANY PROSTHETIC DEVICE (AND ANY INFORMATION ABOUT SUCH DEVICE) OBTAINED THROUGH RISE UP FOUNDATION. ALL PROSTHETIC DEVICES ARE PROVIDED BY THEIR SUPPLIER “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE OBTAINMENT AND USE OF ANY PROSTHETIC DEVICE.
2. LIMITATION OF LIABILITY. IN NO EVENT WILL RISE UP FOUNDATION OR ITS OWNERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
3. Limited Availability/No Guaranty of a Prosthetic Device. Rise Up Foundation’s ability to assist with the procurement of prosthetic devices depends on the amount of donations to Rise Up Foundation, the availability of product, and other factors. No promise or guaranty is made that any specific person will be able to obtain a prosthetic device through Rise Up Foundation. The determination of which applicants will receive assistance, what if any assistance will be given, and the determination as to the adequacy of any supporting documentation for assistance, shall be at Rise Up Foundation’s sole and exclusive discretion. In cases where Rise Up Foundation is able to render assistance in the obtainment of a prosthetic device, no promises or guaranties are made as to the timing of such assistance or when the device will be made available by the supplier.
4. Safety. Carefully read all labels and heed all directions and cautions that accompany any prosthetic device. You agree to follow all manufacturer’s guidelines, recommendations and requirements as to the safe and proper use, cleaning and maintenance of any prosthetic device. Monitor your prosthetic device for wear and tear and contact the manufacturer or qualified service repair outlet for assistance with replacing worn or broken parts. If any component of the prosthetic device breaks, please stop using it. Make sure you have no allergic reactions to the material used in the prosthetic device.
5. No Medical Advice. Rise Up Foundation does not provide medical advice or determinations, and no statements by Rise Up Foundation shall be treated or relied upon as medical advice. You agree that you will consult a licensed physician of your own choosing for any medical device needed by you in connection with the selection, use and suitability of any prosthetic device. Any statements made by Rise Up Foundation are for non-medical informational purposes only and are not meant to replace the services or recommendations of a physician or other qualified health care practitioner.
6. Repair. Rise Up Foundation does not repair or replace prosthetic devices, and is not responsible for arranging for the repair or replacement of prosthetic devices. Rise Up Foundation likewise does not provide support for prosthetic devices. If your prosthetic device becomes damaged or needs replacement, you agree to have it repaired or replaced by the supplier or manufacturer, or by a qualified service repair outlet at your expense if necessary for the product in question. You further agree to discontinue use of any damaged prosthetic device until it has been repaired or replaced.
7. Children. You represent that if a prosthetic device is for a child, you have the legal authority to make decisions for that child and that the child is in your lawful care. If the prosthetic device is used by a child, it is the responsibility of the child’s parents, guardian or other lawful caregiver to ensure that the child uses the device properly and safely.
8. Release and Hold Harmless Agreement. You acknowledge your understanding that Rise Up Foundation is a non-profit organization that assists qualified amputees to obtain certain types of prosthetic devices. Rise Up Foundation does not design, manufacture, assemble or construct prosthetic devices, and it does not make medical recommendations or determinations as to the use or suitability of such devices. You agree to release and hold harmless Rise Up Foundation and each of its owners, officers, managers, employees, agents and representatives from any and all claims, causes of action, injuries or damages related to your obtainment and use of any prosthetic device through Rise Up Foundation. You further agree to indemnify and to hold Rise Up Foundation and each of its owners, officers, managers, employees, agents and representatives harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys' fees and other litigation costs and expenses) incurred by Rise Up Foundation as a result of any claims or suits that you (or anyone claiming by, under or through you) may bring against Rise Up Foundation to recover any losses, liabilities, costs, damages, or expenses which arise in connection with your obtainment or use of any prosthetic device.
9. Merger. You agree that you are not relying upon any oral or written statements by Rise Up Foundation that are not expressed in writing in this Disclaimer Agreement, and that this Disclaimer Agreement is the entire contract between the parties and supersedes any and all other conversations or understandings.
10. No Oral Modifications. This Disclaimer Agreement cannot be modified or changed by oral agreement between you and Rise Up Foundation. Any amendments must be in writing and signed by all parties to this Disclaimer Agreement. E-mails, texts and similar electronic communications do not constitute a signed writing for purposes of this provision.
11. Choice of Law. This Agreement will be governed by the laws of the State of Florida without giving effect to Florida’s conflict of law principles.
12. Venue Selection. Any legal dispute arising out of or related to this Disclaimer Agreement, or that is related to your obtainment with Rise Up Foundation’s assistance of any prosthetic device, or to your use of any such device, shall be filed and heard solely and exclusively in and only in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida. You hereby agree and stipulate that you are subject to the personal jurisdiction of said court.
13. Attorney’s Fees. In any lawsuit between arising out of or related to this Disclaimer Agreement, or that is related to your obtainment with Rise Up Foundation’s assistance of any prosthetic device, or to your use of any such device, the prevailing party shall be entitled to recover all reasonable attorney’s fees and costs at all levels of the proceeding, including pre-trial, trial, appeal and for post judgment collection and any proceedings supplementary.
14. Severability. If any term or condition herein should be determined by a court to be unenforceable, it is agreed that such ruling shall neither limit nor impair the operation or validity of any other term or condition.
15. No Waiver. The waiver by Rise Up Foundation of any breach of any provision of this Disclaimer Agreement will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.
16. Consideration. You agree and stipulate that this Disclaimer Agreement is legally binding on you and that it is supported by good and valuable consideration, consisting of your use of this website, your application for assistance for an amputee with Lower (and in some cases Upper) Limb Loss in the obtainment of a prosthetic device (if made), your acceptance of any such assistance (if given), and/or by your receipt of any prosthetic device (if provided). If you dispute any term of the Disclaimer Agreement, please discontinue use of this website and any service offered by Rise Up Foundation.
17. Exclusivity. You agree that any prosthetic device you obtain with Rise Up Foundation’s assistance is exclusively for your own use, or for the exclusive use of a legal dependent in your care, and that such device may not be given, transferred or sold to any other person.