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Welcome to RespiratoryCareStore.com. This Agreement is a legal contract between you (“User”,”you” or “your”) and RespiratoryCareStore.com (“SB Medical”,“this Site”, “the Site”,“We,” “Our” or “Us”), which sets out the terms and conditions that govern your Use and the Services of this Site.
PLEASE NOTE THAT SECTION 15 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE.
By accessing or using the Site, registering an account or accessing or using any content, information, services, features or resources available or enabled via the Site, or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Site. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Site.
1. Limited License
We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page of this Site so long as the link does not portray us, our dealers, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.
2. Copyrights, Trademarks and Service Marks
3. Links To Third Party Sites
This Site may provide links to other third party Sites or resources. Such links to third party Sites on this Site are provided solely as a convenience to you and do not constitute or imply an endorsement, sponsorship, recommendation of or affiliation with the third party or its products and services. We do not claim to have reviewed all of these third party Sites and do not control and are not responsible for any of these Sites or their content. Thus, we make no representations whatsoever about any other Site, which you may access through the Site, or any information, software or other products or materials found there or any results that may be obtained from using them. If you decide to access any of the third party Sites linked to this Site, you acknowledge and agree that we are not responsible for the availability of such Sites or resources and are not responsible or liable for any content, advertising, products, services or other materials on or available from such Sites or resources. It is up to you to take precautions to ensure that whatever Sites or services you elect to visit or use are free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that we shall 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 such third-party materials, content, products or services available on or through any such Site or resource.
We try to be as accurate as possible with the product content we present on the Site. We make reasonable efforts to accurately display availability and attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change without notice. Prices displayed are in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.
5. Medical Disclaimer
All content found on the Site, including text, images, video, audio, or other formats were created for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions that arise regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something that has been read on this Site.
If there is a medical emergency, call a doctor, go to the emergency department, or call 911 immediately. We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by the Site, Site employees, or contracted medical professionals presenting content for publication on the Site is solely at the User/Purchaser’s own risk.
6. Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may use the Site for your personal, non-commercial use only. You may not use the Site if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Site only with the supervision or involvement of a parent or guardian. We, our dealers and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
7. Order Payment
We cannot process an order until you submit payment for the order by completing the check-out process. We will charge your payment method for an item immediately after you complete the check-out process. Despite our best efforts, sometimes an item in our catalog may not be available, or may not be readily available, or an offer may have been misstated. For any of these reasons, we may cancel your order or we may contact you for instructions on the order. Upon cancellation, funds are withdrawn immediately from our account. How long it will take for you to receive them will depend on your financial institution. Please see our Return and Refund Policy for details.
8. Order Confirmation
Our order confirmation to you signifies our acceptance of your order, subject to product availability to fulfill your order. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, delay or otherwise modify your order, we will attempt to promptly notify you using the email address you provide to us. If we cancel an order or part of an order, we will refund you the full amount of the canceled order or a portion of the order as the case may be. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
10. No Warranties; Exclusion of Liability
ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Site, ARE PROVIDED BY THE Site ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, FOR ANY MERCHANDISE OFFERED. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE Site IS AT YOUR SOLE RISK. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY WALMART TO YOU.
WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ANY WARRANTY ON ANY PRODUCT SOLD THROUGH THE SITE IS PROVIDED TO US OR DIRECTLY TO YOU BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF THIS SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THIS SITE. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THIS Site OR OUR GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD. IN NO EVENT SHALL EITHER US, OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS Site, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. Restrictions on Use of Services.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, Our logo or Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Our name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive Site, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by Us pursuant to this Agreement.
At Our sole discretion, We may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, We reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress.
14. International Users
The Services are controlled and offered by Us from its facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
15. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER
BECAUSE OF THE MUTUAL BENEFITS (SUCH AS REDUCED EXPENSE AND INCREASED EFFICIENCY) WHICH PRIVATE BINDING ARBITRATION CAN PROVIDE, BOTH YOU AND the Site AGREE THAT ANY CLAIM, DISPUTE, AND/OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE Site OR THE APPLICATIONS, ANY PRODUCTS SOLD BY the Site or distributed by the Site or through the Site including any claims that may arise after the termination of this Agreement.
The arbitration will be administered and settled by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Claims shall be heard by a single arbitrator. You knowingly and voluntarily submit to arbitration in Miami Dade County - Florida. The arbitration shall be governed by the laws of the State of Florida. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There shall be no other discovery allowed. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The award shall be made within 2 (two) months of the filing of the notice of intention to arbitrate (demand), and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The prevailing party shall be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness(es). In such an event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
16. General Provisions.
Electronic Communications. The communications between you and Us shall be through electronic means. For contractual purposes, you (1) consent to receive communications from Us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that We provide to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
Contacting Us. If you have any questions about this agreement, please call us at 1-800-222-5381 or visit our Contact page and write to us. We do our utmost to answer all e-mails promptly.
Right to Modify. We reserve the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, inclement weather, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.