1. AGREEMENT BETWEEN USER AND Handi Medical
The Handi Medical Web Site is comprised of various Web pages operated by Handi Medical.
Certain products, including all ResMed products are only sold directly to patients within the United States and not to other third parties or businesses.
Certain products are regulated by the US Food and Drug Administration, and may require a prescription for use.
Handi Medical reserves the right to change the terms, conditions, and notices under which the Handi Medical Web Site is offered, including but not limited to the charges associated with the use of the Handi Medical Web Site.
3. LINKS TO THIRD PARTY SITES
The Handi Medical Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Handi Medical and Handi Medical is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Handi Medical is not responsible for webcasting or any other form of transmission received from any Linked Site. Handi Medical is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Handi Medical of the site or any association with its operators.
4. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Handi Medical Web Site, you warrant to Handi Medical that you will not use the Handi Medical Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Handi Medical Web Site in any manner which could damage, disable, overburden, or impair the Handi Medical Web Site or interfere with any other party's use and enjoyment of the Handi Medical Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Handi Medical Web Sites.
5. USE OF COMMUNICATION SERVICES
The Handi Medical Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Handi Medical has no obligation to monitor the Communication Services. However, Handi Medical reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Handi Medical reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Handi Medical reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Handi Medical's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Handi Medical does not control or endorse the content, messages or information found in any Communication Service and, therefore, Handi Medical specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Handi Medical spokespersons, and their views do not necessarily reflect those of Handi Medical.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
6. MATERIALS PROVIDED TO Handi Medical OR POSTED AT ANY Handi Medical WEB SITE
Handi Medical does not claim ownership of the materials you provide to Handi Medical (including feedback and suggestions) or post, upload, input or submit to any Handi Medical Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Handi Medical, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Handi Medical is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Handi Medical's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
7. INFORMATION Handi Medical COLLECT AND HOW Handi Medical USES IT
Handi Medical collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with cookies.
7.1 Web Server Logs
When you visit Handi Medical’s Web Site, we may track information to administer the site and analyze its usage. Examples of information we may track include:
- Your Internet protocol address
- The kind of browser or computer you use
- Number of links you click within the site
- State or country from which you accessed the site
- Date and time of your visit
- Name of your Internet service provider
- Web page you linked to our site from
- Pages you viewed on the site
One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality.
Handi Medical reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into www.handimedicalsupply.com a site that relies on third-party cookies).
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.
7.3 Personal Information Users
- To fulfill your service requests for services.
- To protect ourselves from liability,
- To respond to legal process or comply with law, or
- In connection with a merger, acquisition, or liquidation of the company.
8. Use of Web Beacons or GIF files
Handi Medical Web pages may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that allow Handi Medical to count users who have visited those pages and to deliver co-branded services. Handi Medical may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.
Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site. Handi Medical prohibits Web beacons from being used to collect or access your personal information.
9. Accessing Web Account Information
We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to our support attendant – email@example.com
10. User Access Agreement
If [we provide you with / you generate] a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that the password is kept confidential. The user ID and password gives you access to confidential personal and medical information. All information must be kept secure in compliance with HIPPA rules and regulations.
- You must notify us in writing immediately if you become aware of any unauthorized use of your account or password.
- You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
- You must not use any other person's user ID and password to access our website [unless you have that person's express permission to do so].
- Handi Medical Supply reserves the right to disable your user ID and password at any time in our sole discretion with or without notice or explanation.
11. LIABILITY DISCLAIMER
11.1 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Handi Medical WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Handi Medical AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Handi Medical WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Handi Medical WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
11.2 Handi Medical AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Handi Medical WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Handi Medical AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
12. TERMINATION/ACCESS RESTRICTION
Handi Medical reserves the right, in its sole discretion, to terminate your access to the Handi Medical Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota, U.S.A., without regard to conflicts of laws principles, and you hereby consent to the exclusive jurisdiction and venue of courts in Ramsey County, Minnesota, U.S.A. in all disputes arising out of or relating to the use of the Handi Medical Web Site. Use of the Handi Medical Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Handi Medical as a result of this agreement or use of the Handi Medical Web Site. Handi Medical's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Handi Medical's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Handi Medical Web Site or information provided to or gathered by Handi Medical with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Handi Medical with respect to the Handi Medical Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Handi Medical with respect to the Handi Medical Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
13. COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Handi Medical Web Site are: © 2013 Handi Medical Supply and/or its suppliers. All rights reserved. All services provided by Handi Medical, including the advertisement, ordering, sale, delivery, instruction, and setup of the products, are performed solely byHandi Medicaland independently of the manufacturer.
14.1The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
14.2 Any rights not expressly granted herein are reserved.