Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE WITH THESE TERMS OF USE.

These Terms of Use apply to any use of www.projectn95.org (the “Site”) whether accessed via computer, mobile device, or other technology, manner, or means. By using this Site, you agree that you have read and understand these Terms of Use, and that you agree to these Terms of Use, which are a binding legal agreement between you and Project N95 (“PN95”).

Disclaimers; Limitations of Liability; Exculpation

Warning: PN95 is a website created and run by a group of community-minded volunteers in response to the shortage personal protective equipment and other supplies (“PPE”) caused by the COVID-19 crisis. While we try very hard to make this Site as accurate and useful as we can, we can make no guarantees with respect to the accuracy of the Site, and we take no responsibility for the quality of the suppliers listed on the Site or the products supplied by them. Accordingly, we must make the following disclaimers:

No Warranties: Project N95 makes no representations or warranties as to the Site, the suppliers listed on the Site, the products that they supply, or the purchasers who purchase such products. THE SITE AND THE PRODUCTS OFFERED AND PROVIDED HEREON ARE PROVIDED “AS IS,” AND PN95 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT WITH RESPECT TO THE SITE AND THE INFORMATION PROVIDED ON IT AND ALL SUCH PRODUCTS.

No Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, SHALL PN95 BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES ARISING FROM YOUR USE OF THE SITE, ANY TRANSACTION FACILIATED THROUGH THE SITE, OR THE PRODUCTS ORDERED FROM SUPPLIERS LISTED ON THE SITE. BY SIMPLY PROVIDING CONTACT INFORMATION FOR SUPPLIERS AND OR/BUYERS, PROJECT N95 IS NOT PLAYING ANY ROLE IN THE PURCHASE, IMPORTATION OR DISTRIBUTION OF PPE OR SUPPLIES. 

Indemnification: You agree to indemnify and hold harmless PN95 from any claims, losses, damages, liabilities, and costs including legal fees and expenses, arising out of your use of the Site, any transaction you enter into that is facilitated through your use of the Site, or any use of the products ordered from or supplied through suppliers listed on the Site.

Buyer Beware: Because we cannot make any guarantees regarding the suppliers or the products they supply or the purchasers or the uses they will make for such products, we recommend you (i) do your own diligence regarding the supplier before your order products, (ii) physically inspect products ordered from suppliers before taking possession, and (iii) only provide products to purchasers that will use such products for the intended purpose. You may also want to consider using an escrow service that permits you to release payment to the supplier only after you have physically inspected the product.

References To Third Party Sites

We reference certain third party sites on the Site. You acknowledge and agree that PN95 will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, materials, products, or services contained on or accessible through these third party sites.

Use of Data

PN95 will use the data and information you provide to connect healthcare providers to suppliers as well as made available to our technology and service providers to perform Project N95 related activities as needed and based on our sole discretion. In the future, we may make supplier information publicly available as a service to healthcare providers. Any supplier providing information through the Site hereby consents to the publication of such information.

For Suppliers

Suppliers listed on our Site hereby represent and warrant to PN95 that all information provided to us is true and correct and agree that they will provide their products to purchasers in accordance with all applicable laws and regulations. Each such supplier hereby agrees to indemnify and hold harmless PN95 from any claims, losses, damages, liabilities, and costs including legal fees and expenses, arising out of its supply of products to any purchaser referred to it through the use of the Site.

For Purchasers

Purchasers making purchases on our Site hereby represent and warrant to PN95 that all information provided to us is true and correct and agree that all products purchasers or otherwise secured through use of this Site will be used for the purpose for which is agreed between purchaser and supplier. Each such purchaser hereby agrees to indemnify and hold harmless PN95 from any claims, losses, damages, liabilities, and costs including legal fees and expenses, arising out of its purchaser of or other access to products to any purchaser referred to it through the use of the Site.

Arbitration

ANY DISPUTE BETWEEN YOU AND PN95 MUST BE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURT BEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. The American Arbitration Association (“AAA”) will administer the arbitration.

Prohibited Uses

You will not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site or interfere with or damage operation of the Site or its content, or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

General

These Terms of Use constitute the entire agreement between you and PN95 and govern your use of the Site, superseding any prior agreements between you and PN95 (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by PN95. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of law principles. The failure of PN95 to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision.