Terms of Use
The designs and documentation for building a forced-air evaporative cooling chamber provided on this website are available free of charge. Our goal is to make this technology widely available for farmers, vendors, and businesses working in the horticulture sector to extend the shelf life of fruits and vegetables.
DISCLAIMER OF WARRANTIES
You acknowledge that the Design Documentation is in research phase and all outcomes from use of the Design Documentation are not known. YOUR USE OF THE DESIGN DOCUMENTATION IS AT YOUR OWN RISK. THE DESIGN DOCUMENTATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
MIT, ON BEHALF OF ITSELF AND ITS COLLABORATORS, MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER STATUTORY, EXPRESS, IMPLIED, BY COURSE OF COMMUNICATION OR DEALING, OR OTHERWISE WITH RESPECT TO THE DESIGN DOCUMENTATION, AND ANY RESULTING COOLING CHAMBER DEVICE. MIT, ON BEHALF OF ITSELF AND ITS COLLABORATORS, SPECIFICALLY DISCLAIMS ANY WARRANTY WITH REGARD TO FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIT, ON BEHALF OF ITSELF AND ITS COLLABORATORS, MAKES NO WARRANTY OF ANY KIND THAT THE DESIGN DOCUMENTATION, AND ANY RESULTING COOLING CHAMBER DEVICE OR THE RESULTS OF THE USE OF SUCH COOLING CHAMBER DEVICE WILL MEET YOUR OR ANY THIRD PARTY’S REQUIREMENTS, OR ACHIEVE ANY INTENDED RESULT OR THAT THE USE OF THE DESIGN DOCUMENTATION TO MAKE A COOLING CHAMBER DEVICE WILL COMPLY WITH INTERNATIONAL, FEDERAL, STATE OR MUNICIPAL LAWS AND REGULATIONS REGARDING FOOD STORAGE DEVICES OR RELATED PRODUCTS AND SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MIT, ON BEHALF OF ITSELF AND ITS COLLABORATORS, IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS, INJURIES OR DEATH THAT MAY RESULT FROM YOUR OR ANY THIRD PARTY’S USE OF ANY COOLING CHAMBER DEVICE RESULTING FROM YOUR USE OF THE DESIGN DOCUMENTATION. IT IS UNDERSTOOD THAT MIT DOES NOT PROVIDE ADVICE RELATED TO FOOD SAFETY OR OTHER HEALTH-RELATED ADVICE.
MIT, ON BEHALF OF ITSELF AND ITS COLLABORATORS, DISCLAIMS ANY RESPONSIBILITY FOR OR ASSURANCES REGARDING THE QUALITY, FUNCTIONALITY, OR SAFETY OF ANY COOLING CHAMBER DEVICE RESULTING FROM YOUR USE OF THE DESIGN DOCUMENTATION OR ANY DEFECT, ERRORS OR MALFUNCTION IN CONNECTION THEREWITH.
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 COOLING CHAMBER DEVICE RESULTING FROM YOUR USE OF THE DESIGN DOCUMENTATION; YOU HAVE NO OBLIGATION TO USE THE DESIGN DOCUMENTATION OR ANY COOLING CHAMBER 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 FOOD SAFETY AND THE USE OF ANY COOLING CHAMBER DEVICE RESULTING FROM YOUR USE OF THE DESIGN DOCUMENTATION; YOU HAVE ACCEPTED ALL RESPONSIBILITY AND MIT, ON BEHALF OF ITSELF AND ITS COLLABORATORS, RETAINS NO RESPONSIBILITY FOR YOUR USE OF ANY RESULTING COOLING CHAMBER DEVICE; AND YOU WILL COMPLY WITH ALL LAWS AND GOVERNMENTAL RULES, REGULATIONS AND GUIDELINES, INCLUDING ANY SAFETY PRECAUTIONS, THAT ARE APPLICABLE TO THE COOLING CHAMBER DEVICE OR THE USE THEREOF.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWABLE BY LAW, IN NO EVENT WILL MIT, ITS TRUSTEES, DIRECTORS, OFFICERS, FACULTY, STUDENTS, EMPLOYEES, AGENTS, AFFILIATES, VOLUNTEERS, AND COLLABORATORS 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 YOUR USE, OR INABILITY TO USE, THE SITE, THE DESIGN DOCUMENTATION, ANY WEBSITES LINKED TO THE SITE OR DESIGN DOCUMENTATION OR ANY INFORMATION OBTAINED THROUGH THE SITE, DESIGN DOCUMENTATION OR SUCH THIRD PARTY WEBSITES; ANY USE OF A RESULTING COOLING CHAMBER DEVICE; ANY ERROR, FAILURE OR DEFECT OF SUCH COOLING CHAMBER DEVICE; OR ANY HARM OR INJURY CAUSED BY SUCH COOLING CHAMBER DEVICE.
Indemnification
To the fullest extent permitted by law, you shall indemnify MIT and all of its trustees, directors, officers, faculty, students, employees, agents, affiliates, volunteers, and collaborators 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 and the Design Documentation and your use of any information obtained through use of the site and Design Documentation. You shall cooperate as fully as reasonably required in the defense of any such claim.