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Equipment Release for Santa Ana Public Library
<br />The American Heart Association, Inc. ("AHA") is providing 10 UA-651 A&D Medical Blood Pressure
<br />Monitors (the "Equipment") to Santa Ana Public Library ("Recipient") to be used for the Libraries with
<br />Heart Initiative.
<br />Consent to Usage
<br />Recipient acknowledges that it has received the Equipment at no cost for the purpose of conducting health
<br />screenings and self -monitoring programs. The program may include, but is not limited to, measuring
<br />blood pressure, height, weight, or body mass index.
<br />Disclaimer of Warranty
<br />AHA provides this Equipment in an "as is" condition with all faults, and makes no warranties or
<br />guarantees of any kind, and expressly disclaims any and all warranties of any kind or nature, whether
<br />express, implied, or statutory regarding the Equipment, including but not limited to the accuracy,
<br />completeness, correctness, timeliness or usefulness of any information, programs, products, services, or
<br />other material provided through or derived from use of this Equipment, or of reliability, non -
<br />infringement, merchantability or fitness for a particular purpose. AHA makes no representation, warranty
<br />or guarantee that use of the Equipment will be uninterrupted, timely, secure, or error free, or free of
<br />viruses or other harmful elements, and such warranties are expressly disclaimed.
<br />By accessing or using the Equipment, Recipient agrees to comply with all applicable federal, state, and
<br />local laws and/or regulations which may relate to the Equipment, including, but not limited to, any laws
<br />related to privacy and/or protection of individual's protected health information.
<br />Provision of Equipment Does Not Amount to Recommendation or Endorsement of Product
<br />AHA's provision of Equipment to Recipient is not intended as a recommendation or endorsement by
<br />ABA of the Equipment, the manufacturer, or any related products. AHA shall not be liable, directly or
<br />indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
<br />reliance on any of the Equipment's products or services.
<br />Medical Disclaimer
<br />Recipient acknowledges that AHA's provision of Equipment is to produce general information only. Use
<br />of the Equipment is not intended to result in, or to be construed, as medical advice, diagnosis, and
<br />treatment by physicians, and/or patients or other individuals, and is not a substitute for consultations with
<br />qualified health professionals who are familiar with any patient's individual medical needs.
<br />The health screening measurements, tests, explanations, etc. do not establish a physician -patient
<br />relationship. Recipient will ensure its participants understand that any concerns about their health should
<br />be immediately addressed by a physician, and that it is the participant's responsibility, and not that of the
<br />AHA, Recipient, or other organizations associated with this health screen, to schedule a visit with a
<br />healthcare provider in order to confirm the results of the health screen and to obtain advice and treatment
<br />from a healthcare provider.
<br />Limitation of Liability
<br />Recipient agrees not to sue, and to forever and completely release, indemnify, defend, save and hold
<br />harmless ABA, its affiliates, and its and their officers, directors, employees, contractors, volunteers,
<br />sponsors and agents from all claims arising out of or related to access or use of Equipment.
<br />In no event will AHA or its affiliates, and its and their officers, directors, employees, contractors,
<br />volunteers, sponsors and agents be liable to Recipient, anyone claiming by, through or under Recipient, or
<br />anyone else for (i) any decision or action taken, or not taken, in reliance upon the information contained
<br />or provided through the Equipment, (ii) claims arising out of or related to the Equipment, (iii) Recipient's
<br />use of Equipment, or (iv) for any incidental, indirect, special, consequential or punitive damages,
<br />Form LEG-950 rev.6-16-12
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