Supply Request Terms and Conditions
These terms and conditions form an agreement with Intuitive Foundation, Inc. (“Foundation.”) Please carefully read these terms and conditions, and all additional information on the Intuitive Foundation website related to cloth face mask supplies, before submitting a request.
In consideration of being considered for a potential donation of the requested supplies and the mutual promises and covenants contained herein, and by submitting a request, you and the organization for which you are submitting the request (“Organization”) agree as follows:
Organization represents and warrants that it is a secular, not-for-profit corporation under IRS section 501(c)(3) or a non-profit organization determined to be equivalent to a U.S. public charity. Organization agrees to promptly provide to Intuitive Foundation applicable tax identification information, such as IRS forms W-8 or W-9 and as applicable similar documents around the world, and related information and paperwork upon the request of Intuitive Foundation.
You and Organization agree that Foundation’s evaluation of your request, and potential or actual donation of supplies, are not intended to be, and shall not be construed as, an inducement for business past, present, or future. It shall not, implicitly or explicitly, be linked to or influence an agreement for you or Organization to lease, recommend, prescribe, use, supply, or procure any products or services, or be used to reward past purchases, uses, orders recommendations, or referrals.
Should Foundation donate any supplies to Organization, you and Organization expressly agree that:
- Organization will use the supplies only for charitable, scientific, literary, or educational purposes;
- Organization will not use any donated supplies for: commercial gain, promotion of any products or services, purchase of any materials or services from Foundation or any sponsors of Foundation (including Intuitive Surgical), any forms of entertainment, attempting to influence legislation or the outcome of any specific public election, carrying on any voter registration drive, any activities that result in an undue benefit to anyone as prohibited under applicable laws, and any non-secular activities (including any activities of a non-secular organization);
- In the use of any donated supplies, Organization is solely responsible for: complying with applicable laws, regulations, standards, and codes of conduct, and making any required prior declarations or notifications to any relevant authorities;
- Foundation has no control, responsibility, or liability of any form for the conduct and results of Organization’s use or non-use of the donated supplies;
- The donation will be reported in accordance with any applicable disclosure laws, including if applicable the U.S. Sunshine Act and similar requirements around the world.
- Organization grants Foundation permission to identify Organization in public materials discussing recipients of Foundation donations.
Should Foundation donate any supplies to Organization, Organization, on behalf of Organization and its affiliated persons and entities, further expressly agrees:
- To waive and release any and all claims Organization and its affiliated persons and entities have or may in the future have against Foundation, Foundations sponsors, and Foundation’s affiliated persons and entities for any and all claims, damages, or liabilities related to the supplies donated, including any claims related to: (a) injury, disability, death, disease, sickness, loss or damage to property resulting from the shipment, delivery, onboarding, setup, possession, use, or misuse of the supplies, regardless of the cause and even if caused by negligence, whether passive or active; or (b) allegations that the donation or the supplies fails to comply with applicable laws, rules, or regulations. Organization and its affiliated persons and entities will not to take any legal action or bring any claim regarding these waived and released claims. The following statement is required by California law: We further waive the protections of Section 1542 of the California Civil Code, which provides that “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party”, and the protections of any other similar law that governs or limits the release of unknown claims in any other applicable jurisdiction.
- To indemnify, defend, and hold harmless Foundation and Foundation’s officers, directors, employees, agents, affiliates, and contractors from and against any and all damages, losses, expenses, claims, liabilities, demands, suits, and judgments, including without limitation reasonable attorneys’ fees and costs, arising from or relating in any way to any of the foregoing claims brought by any party.
- ALL DONATED SUPPLIES ARE PROVIDED AT AN “AS-IS” BASIS, ORGANIZATION’S ACCEPTANCE AND USE OF ANY DONATED SUPPLIES IS AT ORGANIZATION’S SOLE RISK, AND ORGANIZATION ASSUMES ALL RISKS. FOUNDATION, AND ITS SPONSOR(S), DISCLAIM ALL WARRANTIES WITH RESPECT TO ALL DONATED SUPPLIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- IN NO EVENT WILL FOUNDATION, OR ITS SPONSOR(S), BE LIABLE TO ORGANIZATION OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA, AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE DONATED SUPPLIES EVEN IF FOUNDATION, OR ITS SPONSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE ENTIRE LIABILITY OF FOUNDATION, AND ITS SPONSOR(S), FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RELATED TO THE DONATED SUPPLIES IS LIMITED TO ONE-HUNDRED U.S. DOLLARS ($100 USD).