TERMS AND CONDITIONS
Updated: February 26, 2021
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE.
By using the Site (as herein defined), you agree that you have read, understood, and agreed to the following terms and conditions:
- Internet Site Terms and Conditions,
- Privacy Statement, and
- General Terms and Conditions for Sales.
The above terms and conditions, as well as other documents that are included in this Site, as they are modified/amended from time to time, are collectively the “Terms and Conditions” and each a “Terms and Conditions”.
Spire DME, LLC, and its parents (including Breas Medical, Inc.), subsidiaries, and affiliates, (collectively, the “Companies”), may modify these Terms and Conditions from time to time and without notice. Your continued usage of this website (the “Site”) constitutes your acceptance of any such changes. If you do not agree to these Terms and Conditions, as they are modified from time to time, please do not use the Site.
Internet Site Terms and Conditions
RESTRICTIONS ON USE
Material, services, data, and information (including pricing information) from, on, or offered through the Site and any other website owned, operated, licensed, or controlled by the Companies may not be copied, distributed, republished, scraped, extracted, accessed, downloaded, uploaded, displayed, posted, transmitted, sold, used, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of the Companies. All text, graphics, interfaces, photographs, designs, logos, artwork, code, and other content is protected by copyright, trademark, and other intellectual property laws under both the United States and foreign laws. Modification or use of any of the foregoing for any purpose not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other applicable laws and the Companies’ intellectual property rights. The material, services, data, and information on the Site is provided for lawful purposes only. All rights not expressly granted herein are reserved to the Companies. If you violate any of these Terms and Conditions or circumvent (or attempt to circumvent) any security measures on the Site, your non-exclusive, limited license to use the Site and related content automatically terminates.
Without limiting the generality of the preceding paragraph or anything else in these Terms and Conditions, you agree not to use, or cause to be used, any computerized or other automated program or mechanism, including without limitation any scraper, spider, or robot, to access, extract, download, scrape, display, transmit, publish, any materials, data, or information (including pricing information) on any Company website (including the Site) for any purpose, including without limitation for purposes of selling or offering to sell such materials, data, or information to any competitor of any of the Companies.
Use of all remarks, suggestions, ideas, graphics, items, data, pictures, files, audio, video, other multimedia, or other information uploaded, displayed, posted, made available or otherwise communicated to the Companies, another user of the Site, or the Site’s third-party server, through the Site (together, the “Submission”) shall automatically be granted to the Companies in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license. For each Submission you post, make available or otherwise communicate through the Site, you represent and warrant that: (a) you own or control all of the rights to such Submission and your use of the Submission does not violate any law, rule, or regulation; (b) such Submission does not contain any virus, malware, or the like; and (c) such Submission does not violate the Terms and Conditions or any rights of any third party.
The Companies will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product, or advertising ideas), and will not incur any liability as a result of any similarities to a Submission that may appear in future Company operations. Except as noted below in this paragraph, the Companies will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. The Companies may remove any Submission that in their sole judgment violates these Terms and Conditions, including, but not limited to any Submission that it deems to be offensive and/or illegal or that may harm or threaten the safety of any person. The Companies do not control or endorse the Submissions and disclaims all liability relating to the Submissions.
Personally-identifiable information that may be received on or through the Site is provided voluntarily by you and any Submission that includes personally-identifiable information shall constitute an explicit consent to the Companies’ collection and storing of such Submission or the personally-identifiable information contained therein. In addition, by such Submission, you also agree and explicitly consent to that such Submission shall be used solely in accordance with the Companies’ Privacy Statement provided on the Site.
You acknowledge that you are responsible for whatever Submission you may submit, and you, not the Companies, have full responsibility for the message, including its legality, reliability, accuracy, appropriateness, originality, and copyright.
THIRD PARTY CONTENT
In addition to official pages on the Site containing the content of the Companies in support of the Companies’ business, the Site may include third party content and may provide links to websites and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. The views expressed in such Third Party Content should not be construed as representing the views of the Companies. In addition, the Site may include certain applications, features, programs, and services provided by third parties (the “Third Party Applications”). The Companies do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. The Companies are not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm, or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions, and agreements. Use of Third Party Content and Third Party Applications is at the user’s own risk and the Companies make no endorsement, claim, or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of Third Party Content, or websites linking to the Site. Such content is not under the control of the Companies and the Companies are not responsible for the contents of any Third Party Content or any link contained in a linked website, or any review, changes, or updates to Third Party Content. Your use of Third Party Content will be subject to that third party’s terms and conditions, if any, and its privacy and data gathering policies.
LOCATION OF SERVICES
Spire DME, LLC., controls and operates the Site from its headquarters in North Billerica, Massachusetts, United States of America and makes no representation that these materials, services, data, and information are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
THE MATERIALS, SERVICES, DATA, AND INFORMATION ON THE SITE COULD INCLUDE INACCURACIES OR ERRORS THE COMPANIES MAY MAKE, CHANGE (INCLUDING REMOVAL OF CONTENT OR SERVICES), OR IMPROVE AT ANY TIME. THE MATERIALS, SERVICES, DATA, AND INFORMATION ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANIES DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUING, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL, SERVICES, DATA, OR INFORMATION ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN ADDITION, THE COMPANIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING: THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, CONTINUED ACCESS TO, USE OF, OR TIMELINESS OF THE MATERIALS, SERVICES, DATA AND INFORMATION ON THE SITE, INCLUDING ALL SUBMISSIONS, CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, ANY OF WHICH MAY BE REVOKED, REMOVED, OR TERMINATED, AS THE CASE MAY BE, BY THE COMPANIES AT ANY TIME AND WITHOUT PRIOR NOTICE.
LIMITATION OF LIABILITY
THE USE OF THE SITE AND THE MATERIAL, SERVICES, DATA, AND INFORMATION ON THE SITE IS AT YOUR SOLE RISK. NEITHER THE COMPANIES, THEIR AFFILIATES, NOR THEIR RESPECTIVE OFFICIERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY TO PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR INJURIES CAUSED BY OR OTHERWISE RELATED TO ANY USE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DOWNTIME, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR OTHER HARMFUL CODE, OR LINE FAILURE. THE COMPANIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY (INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, PROPERTY DAMAGE, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING IN TORT, CONTRACT, OR OTHERWISE, THAT RELATE TO THE SITE OR ANY MATERIALS, SERVICES, DATA OR INFORMATION CONTAINED OR OFFERED THEREIN, EVEN IF THERE IS NEGLIGENCE OR A COMPANY OR A COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. FURTHER, THE COMPANIES’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, IN TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, WILL NOT IN ANY EVENT EXCEED THE GREATER OF (A) THE AGGREGATE AMOUNT YOU PAID TO ACCESS THE SITE DURING THE IMMEDIATELY-PRECEDING 12-MONTH PERIOD AND (B) $100.00.
The Companies may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use the Companies’ goods or services obtained through the Site at any time. Your right to use the Site, any services provided on the Site, and/or the license to use the Companies’ goods or services obtained through the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions. You agree that the following actions, among others and whether or not set forth herein, shall constitute a breach of these Terms and Conditions:
- Using the Site for any purpose in violation of local, state, national, or international laws;
- Using material that infringes on the intellectual property rights of the Companies or others or on the privacy or publicity rights of others;
- Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Companies in its sole discretion;
- Distributing viruses or other harmful computer code;
- Taking any action that interferes with the use or functionality of the Site;
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of the Companies exposes the Companies or any of their customers or suppliers to any liability or detriment of any type; OR
- More than one person using a unique user account on any password-restricted area of the Site without the Companies’ written permission.
In addition, the Companies shall have the right, but not the obligation, to suspend or terminate your account at any time in the event the Companies have any reason to believe, in their sole discretion (whether by reviewing a daily login tracker, reviewing an IP address tracker or otherwise), that your account is being misused or that your login or account information may be compromised.
You agree to defend, indemnify, and hold the Companies, their affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys’ fees, resulting from, or alleged to result from, (a) your intentional or unintentional violation of these Terms and Conditions or (b) your use of the Site, including any Submission.
JURISDICTION AND VENUE
You expressly agree that exclusive jurisdiction for any dispute with the Companies, or in any way relating to your use of the Site or these Terms and Conditions, lies in the courts of the Commonwealth of Massachusetts located in Billerica, Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving the Companies. These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles.
If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions is the entire agreement between the parties relating to the use of the Site.
The Companies can revise these Terms and Conditions at any time and without notice by updating this webpage. The Companies’ products and services are available in many parts of the world, however, the Site may describe products and services that are not available worldwide.
INTELLECTUAL PROPERTY INFORMATION AND POLICY
All copyrights and trademarks on or related to the Site are the property of the Companies.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to the Companies or others without obtaining the prior written consent of the owner of such rights.
The Companies reserve the right to refuse, change, or cancel any order placed on the Site. In the event the Companies change or cancel your order, the Companies will attempt to notify you by sending you an e-mail and/or contacting you via the billing address/phone number provided at the time your order was made. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of this Site, all of which terms are made a part of these Terms and Conditions by reference.
Questions or comments regarding the Site should be directed to us by electronic mail at customerservice@smallCPAP.com or via phone at 1-855-436-8729.
Ref. CON-202102-003/ver. 0.2