Effective date: July 1, 2023
Please read these terms and conditions (“Terms of Use”) carefully because they set forth the important terms you will need to know about this Website. In these Terms of Use, the terms “you” and “yours” refer to the person using this Website. The terms “we,” “our,” “us” and “ResMed” collectively refer to ResMed Corp., a Minnesota corporation headquartered in California, its parent ResMed Inc., a Delaware corporation, headquartered in California, and ResMed Corp.’s affiliates, organized under the laws of various states and countries and operating in California, the United States or in other jurisdictions.
Use of this Website is governed by the Terms of Use. By using this Website, you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Website.
The servers that host this Website are located in the United States, and any personal details you provide us will be processed by ResMed in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy, available here (the “Privacy Policy”). ResMed expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. ResMed makes no representation about any third-party websites that may be accessed via links from this Website. By using this Website, you agree that the law of the State of California, without regard to its conflict of laws principles, will govern all matters between you and ResMed with respect to your use of this Website.
1. Disclaimer on Emergency Medical Conditions
DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
2. Medical Disclaimers
THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. RESMED DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS WEBSITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.
Your reliance upon information and content obtained by you at or through this Website is solely at your own risk. Neither we nor providers of content to us assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the Content.
We do not provide advice to you on any issues relating to medical treatment and the Content is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this Website. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.
Ownership
All content, text, images, data, information and other material displayed, available or present on this Website (Content), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (Intellectual Property Rights), are the property of ResMed, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms of Use.
Authorized and Prohibited Uses
You may download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission. If this Website permits the emailing of certain Content or a link through the use of an “email to a friend” (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe on any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
User Content
Except as provided in our website Privacy Policy, any content that you submit to this Website or ResMed, whether directly or through a third-party website (User Content) will be deemed to be non-confidential and may be disclosed through this Website to unknown persons on a worldwide basis without control by ResMed, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Website or ResMed except for User Content that is fully authorized for purposes of this Website and these Terms of Use, and by posting User Content on this Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that ResMed will have, and you grant to ResMed, a worldwide, royalty-free, perpetual, irrevocable, sublicense-able, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Website or ResMed. ResMed does not endorse any User Content, or third-party product or service that may appear on this Website. Nothing in these Terms of Use will obligate ResMed to use any User Content you submit or permit the posting of such User Content on this Website.
Registration and Passwords
At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. To the extent that we do require a password and registration details, the details you provide must be correct, current and complete. If ResMed believes that the details are not correct, current and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any.
You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). ResMed is not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by ResMed, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
Software Downloads
Any ResMed software that is made available to download from this Website (Software) is the copyrighted work of ResMed or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement (EULA) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce. Copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
Restricted Rights
The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies (“US Government”) is provided with Restricted Rights. Use, duplication or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
ResMed respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
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