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Components Disclaimer Terms of Use

COMPONENTS

(A) Universal Vest including: (i) Compression Vest; (ii) Support Belt; (B) Included Attachments including: (i) Lower Body Attachment; (ii) Short Cape.  

INDICATIONS FOR USE

The Universal Vest (the “Device”), add-ons or other attachments that may be included with the Device (“Included Attachments”), and add-ons or other attachments that are Universal Vests or UVests branded or approved and intended for use with the Device (“Additional Attachments”), are constructed with features that can be used by healthcare professionals, caregivers, emergency responders, assisting individuals, or family members (“caregivers”), in their assistive efforts to reposition, transfer, or otherwise ambulate a patient, loved one, or individual receiving assistance (“patient”).  In addition, as worn by a patient, the Device, by itself, can provide lumbar and thoracic support. Proper functioning of the Device and any Included or Additional Attachments according to their intended purposes is dependent on correct applications respectively of each. It is recommended that a patient be evaluated by a healthcare provider, and any caregiver or potential caregiver be informed of the results of any such evaluation, prior to use. Prior to using the Device and/or any Included or Additional Attachments, caregivers (and patients whenever possible) need to review and completely understand our:

INSTRUCTIONS FOR USE, which include, together, any written or photographic instructional material, and any applicable “How It’s Applied” and “How It’s Used” instructional videos included herewith or provided on our website, www.uvests.com

FACTORS TO CONSIDER BEFORE USE

  • Weight rating – the Device is rated for a patient weight not to exceed 300 lbs.
  • Patient’s weight bearing ability – a patient’s capability to stand or walk while bearing weight (with and without assistance).
  • Assistance required by patient – a level of assistance required by a patient, a caregiver’s ability to provide the required level of assistance, and whether or not an additional caregiver is required to transfer, reposition, or otherwise ambulate the patient.
  • Patient’s awareness – a patient’s capacity to understand what the Device and any Included or Additional Attachments are being used for, how they will be used by the caregiver, and the patient’s willingness to cooperate as the Device and any Included or Additional Attachments are being (a) placed on the patient; and (b) used by the caregiver.
  • Medications taken by Patient – whether any prescribed or over-the-counter medications taken by a patient for any medical condition(s) may impede the patient’s ability to understand or cooperate with the usage of the Device and any Included or Additional Attachments during lifting activities. A time of the most recent usage, and the indications for use and known side effects of any such medication should be considered.
  • Footwear – footwear worn by a caregiver and a patient may impact the difficulty of transferring or repositioning the patient. Caregivers especially, and patients are strongly advised to wear non-slip shoes in order to minimize the risk of unintentional falls.
  • Patient skin sensitivity – clothing should be worn under all portions of the Device and any Included or Additional Attachments, unless otherwise indicated, to avoid irritating or causing abrasions to a patient’s skin.

DISCLAIMER

The Universal Vest (the “Device”), add-ons or other attachments that may be included with the Device (“Included Attachments”), and add-ons or other attachments that are Universal Vests or UVests branded or approved and intended for use with the Device (“Additional Attachments”), are constructed with features that can be used by healthcare professionals, caregivers, emergency responders, assisting individuals, or family members (“caregivers”), in their assistive efforts to reposition, transfer, or otherwise ambulate a patient, loved one, or individual receiving assistance (“patient”).  In addition, as worn by a patient, the Device, by itself, can provide lumbar and thoracic support.

The Universal Aqua System (the “Aqua System”) is a support and stabilization device that can assist efforts to move and keep upright during aquatic applications, an individual wearing the Aqua System.  

Proper functioning of the Device, Included or Additional Attachments, or the Aqua System according to their intended purposes, is dependent on correct applications respectively of each.  It is recommended that a patient be evaluated by a healthcare provider, and any caregiver or potential caregiver be informed of the results of any such evaluation, prior to use of any of the above devices or attachments. Prior to using the Device and/or any Included or Additional Attachments, or the Aqua System, caregivers (and patients whenever possible) need to review and completely understand the applicable:

FACTORS TO CONSIDER BEFORE USE.   

APTSEUVests, Inc. expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever that is adjudged based on, incurred from, or otherwise arises as result of any improper use of the Device, any Included or Additional Attachment, or the Aqua System, by any caregiver of a patient.

APTSEUVests, Inc. assumes no liability for any damages incurred by any person as a result of errors, omissions, informalities, or any actual or perceived discrepancies in the information provided with any original or approved products by APTSEUVests, Inc. (“Information”), or on our website.

This Information is not intended to encourage, recommend, enable, or describe a course of self-management for any medical or otherwise general health condition. Further, no particular type of medical treatment has been endorsed or is recommended in this Information.  Advice of your physician or other qualified health provider should be sought at all times with regards to any questions you may have regarding any medical condition or general health concern. This Information is not a substitute for, should not cause a user to delay seeking, or be considered a basis for disregarding professional medical advice.

While every effort has been made by reasonable techniques to obtain the maximum compatibility of function strength, durability, and comfort: (A) the Device, Included Attachments, and Additional Attachments collectively constitute only one element in the overall efforts used by a caregiver to assist the movement of a patient; and (B) the Aqua System is only one element in the overall efforts used by a patient to participate in aquatic applications, or by a caregiver to assist patients to participate in aquatic applications.  There is no guarantee that injury will be prevented through the use of any of the devices or attachments referenced herein.

TERMS OF USE

The Universal Vest (the “Device”) is a manual transfer device, and can provide lumbar and thoracic support to an individual wearing the Device.  The Device, add-ons or other attachments that may be included with the Device (“Included Attachments”), and add-ons or other attachments that are Universal Vests or UVests branded or approved and intended for use with the Device (“Additional Attachments”), are constructed with features that may be used by individuals as part of their assistive efforts to transfer or support repositioning maneuvers of individuals wearing the Device and Attachments.  The Universal Aqua System (the “Aqua System”) is a support and stabilization device that can assist efforts to move and keep upright during aquatic applications, an individual wearing the Aqua System. This TERMS OF USE applies to the Device, Included Attachments, Additional Attachments, and the Aqua System (together hereafter referred to as “Product” or “Products”).

A Product buyer, assignee, original user, secondary user, institutional user, transferee, and or transferrer (the “User”) of any of the Products agree(s) to use that Product for its intended purpose and designed use.  User agrees to ensure, and is solely and entirely responsible for ensuring, the proper, legal, and safe use of any Product. Use of any of the Products is done so at the sole risk and discretion of the User. User acknowledges, and accepts, that there is a risk that personal injury may result from activities involving potential uses of the Products. Except as expressly provided herein, and to the maximum extent provided by applicable law, the Products are sold on an as-is, where as, and with all faults basis, and any and all warranties of any kind, whether express or implied, relating to any of the Products, including without limitation any implied warranty of merchantability, any implied warranty of fitness for a particular purpose, any warranty as to the safety of the Products, or any warranty made by any distributor or other third party, are expressly disclaimed by Universal Vests, UVests, and APTSEUVests, Inc (together hereafter referred to as “UVests”).

Any warranty determined to be given is conditioned upon the user’s compliance with this TERMS OF USE.

To the maximum extent provided by applicable law, the User, for himself/herself/itself and his/her/its heirs, personal representatives, successors, and assigns, hereby releases, discharges, holds harmless, and indemnifies the Products owner, manufacturer, designer and their agents, affiliates, successors, and assigns (together hereafter referred to as “UVests et al.”), from and against any and all claims, causes of action, damages, injuries, losses, expenses, attorney’s fees, and harm of any kind, whether or not foreseeable, directly or indirectly relating in whole or part to: (A) any use of any of the Products inconsistent with or in violation of one or more of: (i) any terms and conditions of this TERMS OF USE or the DISCLAIMER; (ii) any directions, warnings, or instructions provided by UVests; and (iii) applicable law; and (B) any other use of any of the Products, regardless of any particular acts or omissions, whether negligently or otherwise occurring, by or on the part of UVests et al.  To the maximum extent provided by applicable law, any right is waived by a User to seek against UVests et al., and UVests will not be liable for, any incidental, consequential, nominal, indirect, special, statutory, exemplary, or punitive damages that may result from use of any of the Products, and the liability in the aggregate of UVests will be limited to the standard retail purchase price of the Product purchased, as the price stated is a consideration in limiting liability for UVests et al. For any of the Products, oral or other written statements by UVests: (A) are not part of a contract for a sale or any limited warranties; (B) shall not be relied upon by any person considered a User; and (C) will not constitute any warranty.

User agrees to review and comply, and accepts sole responsibility for reviewing and complying, with the terms and conditions of any WARRANTY for any of the Products.

The proper use of any Product in conjunction with any Additional Attachment and their designed uses, is the sole responsibility of, and is accepted by, the User. The Additional Attachments must be compatible with a Product with which it is used, and each of the Additional Attachment and the Product must be used in a workmanlike manner, and in accordance with: applicable law; appropriate respective written, and if available, video, instructions; and industry standards.

It is understood and hereby agreed that under no circumstances shall UVests return to a User an amount exceeding the purchase price of a Product in question. This includes but is not limited to returns made under contract, in tort, or pursuant to any WARRANTY.  UVests shall not be liable for special, indirect or consequential damages. The price stated for a Product in question is a consideration in limiting liability of UVests.

User understands and agrees that, User cannot and shall not bring any action, regardless of form, more than one year after accrual of the cause of action allegedly arising out the sale or use of any one of the Products.  Limitations on or exclusions of liability for certain damages, as provided herein, may be subject to the law of a jurisdiction where an action is brought.

Use of any of the Products constitutes a User’s acknowledgement that the User has read, understands, agrees, and consents to the terms and conditions of the DISCLAIMER and this TERMS OF USE.  Any of the Products SHOULD NOT BE USED by a User who has not read, does not understand, does not agree to, or does not consent to the terms and conditions of the DISCLAIMER and this TERMS OF USE.

This TERMS OF USE represents and constitutes the entire obligation of UVests with respect to the Products.  If any part of this TERMS OF USE is determined to be void, invalid, unenforceable, or illegal, the remainder of this TERMS OF USE shall remain and continue to be in full force and effect. The previous statement applies, but is not limited to any warranty disclaimer, liability disclaimer, and liability limitation.  It is agreed that any provision determined to be void, invalid, unenforceable, or illegal shall be deemed to be superseded by a valid and enforceable provision most closely matching the intent of the original provision. In the event a close match is not possible, only that certain word(s) or phrase deemed unenforceable shall be severed from this TERMS OF USE.

This TERMS of USE, and any disclaimer statement constituted thereby, is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of the Texas Courts of competent jurisdiction in all disputes arising out of or relating to the use of this product.