LEGAL DISCLAIMER & LIMITATION OF LIABILITY AGREEMENT
PLEASE READ CAREFULLY BEFORE USE
Quantum Recovery Sportswear (hereinafter referred to as “QRS”) provides garments embedded with QR code technology (hereinafter “Smart Garments”) designed solely to link wearers and third parties to decision-tree-based emergency response pathways. These Smart Garments do not collect, retain, request, or interact with any personal, medical, or identifying user information and are intended solely as general support tools for emergency awareness and response navigation.
By wearing, scanning, accessing, interacting with, or otherwise using the Smart Garments, you expressly acknowledge and agree to the following terms, limitations, and conditions of use:
1. NOT A MEDICAL DEVICE OR SERVICE
Smart Garments are not regulated medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition. They provide access to general, pre-developed decision trees created for educational and informational purposes only. The use of these garments does not replace consultation with licensed healthcare professionals, interpreted, or assumed through the use of this product.
2. NO PERSONAL OR HEALTH DATA STORAGE OR COLLECTION
QRS does not store, collect, request, analyze, or transmit any personal, medical, or identifying data. The QR code embedded in each garment simply redirects users to hosted emergency logic flows or response guides maintained by QRS. There is no user entry, personalization, login, or data transfer involved in this process. The system is fully anonymous and devoid of any data collection architecture.
3. FUNCTIONALITY & ACCESS LIMITATIONS
Access to QR content may be affected by:
Device compatibility or software used to scan the code;
QR code legibility (e.g., garment damage, fading, obstruction);
Internet availability at the time of scan;
Availability or responsiveness of QRS-hosted pages or external servers.
QRS is not liable for any failure in scanning, redirection, or navigation due to these or related technical limitations.
4. EMERGENCY RESPONSE DISCLAIMER
Although QRS garments may assist in guiding first responders or bystanders through standardized response flows, they do not initiate emergency calls, detect conditions, or transmit alerts. All response actions remain solely in the hands of those scanning the QR code. Any perception of emergency utility is strictly limited to the visual interpretation of generalized information.
5. NO WARRANTY OR GUARANTEE
The Smart Garments and their associated QR code functionality are provided “as is” and “as available,” with no guarantees or warranties of any kind, express or implied. This includes, but is not limited to, implied warranties of fitness for a particular purpose, accuracy, accessibility, or effectiveness in emergency situations.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by law, QRS and its affiliates shall not be liable for any:
Injury, illness, or death;
Delay in treatment or emergency response;
Confusion, misuse, or reliance on the QR-linked decision trees;
Emotional or psychological distress;
Financial loss or reputational damage.
This applies regardless of the legal theory advanced (e.g., negligence, product liability, tort, etc.).
7. NO IMPLIED RELATIONSHIP OR RESPONSIBILITY
Use of the Smart Garments does not establish any doctor-patient, caregiver, or service-provider relationship between QRS and the user, wearer, or third party. QRS does not endorse or certify any outcome arising from QR interaction and is not responsible for decisions made based on general information accessed via our system.
8. ASSUMPTION OF RISK
By using or wearing a QRS garment, users accept full responsibility for the limitations of the product, including the possibility of misunderstood QR-linked content, technical failures, or inaction by bystanders or responders.
9. INDEMNIFICATION
Users agree to indemnify, defend, and hold harmless QRS, its developers, distributors, and affiliates against all claims, costs, damages, and liabilities arising out of misuse of the product, misinterpretation of the information accessed, or third-party actions.
10. MODIFICATION OF TERMS
QRS may update or revise this disclaimer at any time without prior notice. Continued use of the Smart Garments signifies acceptance of any such modifications.
BY PURCHASING, WEARING, OR SCANNING A QRS SMART GARMENT, YOU AGREE TO THESE TERMS IN FULL. IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT.