Acceptance of the Terms of Use

Welcome to the website of Cosmic Technologies Inc. (“Cosmic Medical”), a/k/a the COSMIC Medical Biomedical Engineering Project (the “Site”). These Terms of Use govern your use of this Site, and as indicated, any Linked Site, and the: (a) information; (b) tools; (c) materials; (d) downloadable software code; (e) ventilator and other project design specifications and related information (the items referred to in clauses (a) through (e), collectively, the “Design Specifications”); (f) other features and functionality (including but not limited to, all software, text, displays, images, video and audio, and the design, selection and arrangement thereof); and (g) any other content found on the Site or any site linked to this Site on which any Design Specifications are located (each, a “Linked Site”) ((a)-(g), collectively, “Content”).

Please read these Terms of Use carefully before you start to use the Site. By using the Site and accessing any Design Specifications on any Linked Site, you hereby accept these Terms of Use. If you do not agree to these Terms of Use you should not visit the Site or any Linked Site.

Changes to the Terms of Use

Cosmic Medical reserves the right to change these Terms of Use at any time in its sole discretion by posting revisions on the Site. Such revisions will be effective immediately upon posting them to the Site. Your use of the Site or any Linked Site after such changes have been posted shall constitute your acceptance of the revised Terms of Use. 

Accessing this Site

In the event that you access any of the Design Specifications made available by Cosmic Medical either on the Site or on any Linked Site, you will be deemed to have read and understood both (i) the warnings and disclaimers contained on this Site and on any Linked Site and (ii) the terms of the license pursuant to which your use in any way of the Design Specifications are made available. If you do not understand any of these warnings or license terms you must not make use in any way of the Design Specifications.

DISCLAIMER OF WARRANTIES

You acknowledge that the Content is in research phase and all outcomes from use of the Content are not known. YOUR USE OF THE SITE AND THE CONTENT LOCATED ON THIS SITE AND ANY LINKED SITE, INCLUDING THE DESIGN SPECIFICATIONS, IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT, INCLUDING THE DESIGN SPECIFICATIONS LOCATED ON THE SITE OR ANY LINKED SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

COSMIC MEDICAL MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER STATUTORY, EXPRESS, IMPLIED, BY COURSE OF COMMUNICATION OR DEALING, OR OTHERWISE WITH RESPECT TO THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS, AND ANY RESULTING DEVICE. COSMIC MEDICAL SPECIFICALLY DISCLAIMS ANY WARRANTY WITH REGARD TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COSMIC MEDICAL MAKES NO WARRANTY OF ANY KIND THAT THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS, AND ANY RESULTING DEVICE OR THE RESULTS OF THE USE OF SUCH DEVICE WILL MEET YOUR OR ANY THIRD PARTY’S REQUIREMENTS, OR ACHIEVE ANY INTENDED RESULT OR THAT THE USE OF THE DESIGN SPECIFICATIONS TO MAKE A DEVICE WILL COMPLY WITH INTERNATIONAL, FEDERAL, STATE OR MUNICIPAL LAWS AND REGULATIONS REGARDING MEDICAL DEVICES OR MEDICAL USES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT COSMIC MEDICAL IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS, INJURIES OR DEATH THAT MAY RESULT FROM YOUR OR ANY THIRD PARTY’S USE OF ANY DEVICE RESULTING FROM YOUR USE OF THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS. IT IS UNDERSTOOD THAT COSMIC MEDICAL DOES NOT PROVIDE MEDICAL OR OTHER HEALTH-RELATED ADVICE.

COSMIC MEDICAL DISCLAIMS ANY RESPONSIBILITY FOR OR ASSURANCES REGARDING THE QUALITY, FUNCTIONALITY, OR SAFETY OF ANY DEVICE RESULTING FROM YOUR USE OF THE CONTENT, INCLUDING THE DESIGN SPECIFICATIONS, OR ANY DEFECT, ERRORS OR MALFUNCTION IN CONNECTION THEREWITH. FURTHER, COSMIC MEDICAL DISCLAIMS ANY RESPONSIBILITY FOR OR ASSURANCES REGARDING ANY COMMENTS, FEEDBACK, INFORMATION OR OTHER KNOW-HOW UPLOADED TO THIS SITE OR ANY LINKED SITE BY ANY USER. YOU RELY ON USER COMMENTS, FEEDBACK, INFORMATION AND/OR KNOW-HOW SOLELY AT YOUR OWN RISK.

YOU UNDERSTAND AND ACKNOWLEDGE THAT: YOU ARE A LEARNED INDIVIDUAL THAT HAS HAD THE OPPORTUNITY TO OBTAIN ANY AND ALL INFORMATION RELEVANT TO THE USE OF ANY DEVICE RESULTING FROM YOUR USE OF THE

CONTENT, INCLUDING THE DESIGN SPECIFICATIONS; YOU HAVE NO OBLIGATION TO USE THE CONTENT, THE DESIGN SPECIFICATIONS OR ANY DEVICE RESULTING THEREFROM AND YOU DO SO IN YOUR SOLE DISCRETION; YOU ARE RESPONSIBLE FOR DETERMINING THE DEGREE OF MONITORING OR OVERSIGHT THAT IS APPROPRIATE IN CONNECTION WITH PATIENT CARE AND THE USE OF ANY DEVICE RESULTING FROM YOUR USE OF THE CONTENT, INCLUDING THE

DESIGN SPECIFICATIONS; YOU HAVE ACCEPTED ALL RESPONSIBILITY AND COSMIC MEDICAL RETAINS NO RESPONSIBILITY FOR YOUR USE OF ANY RESULTING DEVICE; AND YOU WILL COMPLY WITH ALL LAWS AND GOVERNMENTAL RULES, REGULATIONS AND GUIDELINES, INCLUDING ANY SAFETY PRECAUTIONS, THAT ARE APPLICABLE TO THE DEVICE OR THE USE THEREOF.

Cosmic Medical does not guarantee or warrant that files available for downloading from the Internet or the Site or any Linked Site will be free of viruses or other destructive code. NEITHER COSMIC MEDICAL NOR ANY PERSON ASSOCIATED WITH COSMIC MEDICAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY, OR AVAILABILITY OF THE SITE OR ANY LINKED SITE AND THE CONTENT. COSMIC MEDICAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, ANY LINKED SITE, THE CONTENT OR YOUR DOWNLOADING OF ANY AVAILABLE CONTENT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWABLE BY LAW, IN NO EVENT WILL COSMIC MEDICAL, ANY ENTITY CONTROLLING COSMIC MEDICAL, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS OR MEMBERS, EMPLOYEES, AGENTS, VOLUNTEERS, CONTRIBUTORS, COLLABORATORS AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS, HEIRS AND ASSIGNS BE LIABLE OR RESPONSIBLE FOR, OR INDEMNIFY YOU OR ANY THIRD PARTY FOR, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE, OR INABILITY TO USE, THE SITE, ANY LINKED SITE OR ANY OF THE CONTENT (INCLUDING THE DESIGN SPECIFICATIONS OBTAINED THROUGH THE SITE OR ANY LINKED SITE (INCLUDING BUT NOT LIMITED TO COMMENTS, FEEDBACK, INFORMATION AND KNOW-HOW FROM OTHER USERS); (II) ANY USE OF A RESULTING DEVICE; (II) ANY ERROR, FAILURE OR DEFECT OF SUCH DEVICE; OR (III) ANY HARM OR INJURY CAUSED BY SUCH DEVICE.

Indemnification

To the fullest extent permitted by law, you shall indemnify Cosmic Medical, its shareholders and their respective directors, officers, employees, agents, volunteers, contributors, collaborators, affiliates and their respective successors, heirs and assigns (collectively, the “Indemnified Parties”) from and against any and all losses and liabilities, including, without limitation, reasonable attorneys’ fees incurred by the Indemnified Parties in connection with any claim arising from or related to your breach of these Terms of Use, your use of, or inability to use, the Site or any Linked Site and the Content and your use of any information obtained through use of the Site and Content. You shall cooperate as fully as reasonably required in the defense of any such claim. 

Governing Law

These Terms of Use and all disputes or controversies arising out of or relating to these Terms of Use and your use of the Site or any Linked Site and the Content shall be governed by, and construed in accordance with, the laws of the Province of British Columbia, without regard to conflicts of law provisions that would require the laws of another jurisdiction to apply. You hereby expressly consent to the personal jurisdiction in the courts located in British Columbia, Canada, for any lawsuit arising from or related to these Terms and Conditions.