46
• Manufacturer, distributor, or the Licensor shall not be responsible or
liable of any direct, indirect, general, special, punitive, incidental or
consequential damages; loss of or damage to property; claims of
third parties; loss of life; personal injury (including further injury, or
re-injury), and any other losses or damages of any kind or character,
arising out of or in connection with the use of Biophysical Agents by
the facilities or clinicians. The facilities or clinicians that select,
prescribe, and implement the use of Biophysical Agents will assume
the related responsibility.
• Definitions of “ Biophysical agents ” : Biophysical agents are a broad
group of agents that use various forms of energy and are intended
to assist muscle force generation and contraction; decrease
unwanted muscular activity; maintain strength after injury or sur-
gery; modulate or decrease pain; reduce or eliminate edema;
improve circulation; decrease inflammation, connective tissue
extensibility, or restriction associated with musculoskeletal injury or
circulatory dysfunction; increase joint mobility, muscle performance,
and neuromuscular performance.
• Physical therapists select, prescribe, and implement the use of
biophysical agents when the examination findings, diagnosis, and
prognosis indicate the use of these agents to reduce risk factors
and complications; enhance health, wellness, or fitness; enhance or
maintain physical performance; or prevent or remediate impair-
ments in body functions and structures, activity limitations, or par-
ticipation restrictions. The use of biophysical agents in the absence
of other interventions should not be considered to be physical ther-
apy unless there is documentation that justifies the necessity of
their exclusive use.
• Use of the products in any way other than described within
products’ operation manual, either intentionally or by error.
• Damages due to improper storage or transport or other causes not
solely attributable to Manufacturer.
• The exact amount of indemnification or cost arising out of breach of
this written or any implied warranty shall be fairly negotiated by
both you and Manufacturer.
• This warranty is expressly in lieu of all other warranties expressed or
implied, including the warranties of merchantability and/or fitness
for a particular purpose.
