IMPORTANT: BY USING WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE DO NOT USE WEBSITE.
Access. By using this website you are agreeing to not use this website in any manner which could damage, disable, overburden, or impair any of HealthDyne’s accounts, computer systems, or networks. By using this website you are agreeing to not attempt to gain unauthorized access to any parts of any websites operated by HealthDyne, its affiliated entities, or business partners. By using this website you are agreeing to not use any robot, spider, scrapper, or other automated means to access this website, or any other HealthDyne account, computer system, or network without HealthDyne’s express written permission. Access to and use of password protected or otherwise secured areas is restricted to authorized users only. By using this website you are agreeing to only use this website for lawful purposes. By using this website you are agreeing to only use this website personally and not for any commercial purpose. HealthDyne may at its sole discretion and without advance notice to you, change or alter website contents and these Terms of Service. The content of this website is intended to convey general information, it should not be relied upon for medical advice.
Links to Other Web Sites. HealthDyne may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by HealthDyne and are maintained by third parties over which HealthDyne exercises no control. Accordingly, HealthDyne expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND; HEALTHDYNE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO USE OF THIS WEBSITE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HEALTHDYNE DOES NOT WARRANT YOUR USE OF WEBSITE WILL BE WITHOUT INTERFERENCE WITH YOUR ENJOYMENT, THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED, FREE FROM ERROR, OR THAT DEFECTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION PROVIDED BY HEALTHDYNE OR ITS AUTHORIZED REPRESENTATIVES SHALL BE CONSTRUED AS CREATING ANY WARRANTY OF ANY KIND. IN THE EVENT THIS WEBSITE CONTAINS ANY DEFECT OF ANY KIND, YOU ARE AGREEING TO ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Liability Limitation. TO THE FULLEST EXTENT ALLOWABLE BY LAW, HEALTHDYNE’S LIABILITY TO YOU FOR DAMAGES RELATED TO THE USE OF WEBSITE OR RELATED TO ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU BY OR THROUGH HEALTHDYNE SHALL BE LIMITED TO THE AMOUNT PAID TO HEALTHDYNE BY YOU FOR THE COST OF ITEMS OR SERVICES DIRECTLY RELATED TO ANY DISPUTE. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT ALLOWABLE BY LAW HEALTHDYNE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES, LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY THIS WEBSITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE BY OR THROUGH HEALTHDYNE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HEALTHDYNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THIS LIABILITY LIMITATION IS UNENFORCABLE FOR ANY REASON, THIS PROVISION SHALL BE AMENDED IN A MANNER WHICH BESTOWS THE GREATEST PROTECTION TO HEALTHDYNE ALLOWABLE BY LAW. THE PARTIES EXPRESSLY AGREE AND ACKNOWLAGE THAT THE PURPOSE OF THIS LIABILITY LIMITATION IS TO SET IN ADVANCE THE RISKS BORNE BY EACH PARTY.
Indemnification. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HEALTHDYNE AND ITS AFFILIATED ENTITIES AND ALL OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURUES, LIABILITIES, LOSSES, COSTS, AND EXPENSES RELATING TO OR ARRISING FROM ANY BREACH OF THESE TERMS OF SERVICE BY YOU.
Use of Data. You agree HealthDyne may collect and use technical data and other information related to your use of Website, your device, system and application software, and peripherals, and that such information may be gathered on an as needed basis to facilitate the provision of software updates, product support, services support, or for other purposes related to business activity of HealthDyne. HealthDyne may use such information to carry out any business activity which is allowable by law.
Entire Agreement. These Terms of Service constitute our entire agreement pertaining to the subject matter hereof and supersedes all other prior agreements and understandings in connection therewith. These Terms of Service may be amended, supplemented or modified only by a written instrument duly executed by or on behalf of each party hereto except as otherwise set forth in these Terms of Service.
Waiver. HealthDyne will not be deemed to have waived any rights unless a waiver is made in writing and signed by a duly authorized representative. HealthDyne failure to exercise any right or remedy shall not operate as a waiver of a right or remedy. There is no intent by you or HealthDyne to create or establish a third-part beneficiary status or rights to any party.
Change in Law. In the event of any change in federal, state or local laws, rules or regulations, including any judicial or administrative interpretation thereof, which materially alters the rights, duties, obligations or cost of performance of either party under these Terms of Service, these Terms of Service shall be modified to retain the intent of the stricken provision and in the light most favorable to HealthDyne.
Governing Law; Forum Selection. Any Dispute between you and HealthDyne shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to that body of laws pertaining to conflict of laws. Any Dispute between you and HealthDyne shall be brought in the County of Polk, State of Florida, you expressly consent to the jurisdiction of tribunals located in County of Polk, State of Florida, and waive all objections to venue and jurisdiction within the forum.
Arbitration. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF YOUR USE OF THIS WEBSITE SHALL BE RESOLVED THROUGH ARBITRATION, IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The American Arbitration Association Rules then in effect shall be used in any arbitration proceeding and a single arbitrator shall be appointed by the parties. In the event that a party initiates action to enforce its rights, the party prevailing on the dispute shall recover from the non-prevailing party its expenses, court costs, arbitration costs, including taxed and untaxed costs, and reasonable attorney’s fees. All related expenses shall bear interest at a reasonable rate from the date the party prevailing on the dispute incurs the expense. Notwithstanding the foregoing, neither party shall be forced to assume expenses, court costs, arbitration costs, including taxed and untaxed costs, and reasonable attorney’s fees in an amount which would prevent either party from seeking resolution to a claim or dispute.