PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
APRIA HEALTHCARE LLC
TERMS OF USE
Apria Healthcare LLC (“Apria”) offers the Apria.com website, which includes the ApriaDirect.com e-commerce site and other Apria-affiliated platforms, applications and online services (collectively, the “Website” or “Site”) to the user subject to the user’s acceptance of the terms, conditions, and notices contained in these Terms of Use. These Terms of Use apply to your use of or visit to the Website and all functions or features of the Website, as well as all offers, sales, purchases and rentals of products or services sold through the Website.
BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO AND ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE TO AND ACCEPT THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE., BY USING THE WEBSITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THESE TERMS OF USE AS YOUR BINDING AGREEMENT.
These Terms of Use include an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision makes it mandatory that the parties submit disputes which are not otherwise resolved to a neutral third-party arbitrator for a binding decision and will eliminate your right to pursue a claim through a trial in a court by a judge or jury and substantially affect your rights, by preventing you from bringing, joining or participating in class or consolidated proceedings.
Apria reserves the right to modify these Terms of Use in its sole discretion from time to time. Your continued use of the Website following the posting of such changes constitutes your agreement to and acceptance of these changes.
You further agree and acknowledge that certain Apria products, services, and offerings made available through the Website may be subject to additional or different terms and conditions. In the event of a conflict between these Terms of Use and those additional or different terms and conditions, those additional or different terms and conditions shall govern.
If you or your representative have signed a Sales, Service and Rental Agreement with Apria, that document will cover the products and services you received pursuant to it and your relationship generally with Apria and these Terms of Use will apply only to your use of the Website and any products and services purchased or rented on it.
YOUR ACCOUNT
Customers of Apria may register for an account. As part of the registration process, you will create a username and password. You are responsible for maintaining and promptly updating your account information for accuracy and completeness, including your address, phone number and email address in order for us to communicate with you. You are solely responsible for maintaining the confidentiality and security of, and restricting access to, your account and password. You agree to accept full responsibility for all activities that occur under your account or password, including use of your account by any third party using your username and password. Apria is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Apria will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
ORDER ACCEPTANCE; PAYMENT
Apria will only accept orders for shipment to addresses within the United States in accordance with our Shipping and Return Policy. Payment must be made by a U.S.-issued credit/debit card or some other pre-arranged method of payment acceptable to Apria. Apria reserves the right to accept or decline your order or limit the order quantity for any reason. If Apria limits the order quantity, you will be notified and have the right to cancel your order. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and Apria will not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. Apria may require, at Apria’s option, that any order placed over a certain dollar amount receive Apria’s pre-approval. Apria may also require additional verification or information before accepting any order. An order is deemed accepted upon Apria’s shipment of the products ordered, and Apria will charge your credit/debit card upon such shipment.
ORDER CANCELLATION
Once an order has been placed, it cannot be cancelled. However, you may refuse delivery of your order upon receipt or return your order in accordance with our Shipping and Return Policy.
SHIPPING AND HANDLING; SALES AND OTHER TAXES
Unless otherwise noted, shipping and handling fees are not included in the displayed price and will be added as part of your final purchase price. Sales, use, and similar taxes will be charged to you as required by law.
SHIPPING AND RETURN POLICY
In connection with returns of products purchased or rented at the Website, you agree to comply with and be bound by Apria’s Shipping and Return Policy, which is incorporated herein by reference and made part of these Terms of Use. Apria reserves the right not to process any return that does not comply with our Shipping and Return Policy.
REFUNDS
Certain sales of products on the Website may be eligible for full or partial refunds. For more information, please refer to our Shipping and Return Policy.
PRODUCT AVAILABILITY
Although we attempt to accurately reflect product availability on the Website, Apria cannot guarantee product availability and products may not be available for immediate delivery. Apria reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products, or to cancel any order. If there is any revision, discontinuance or cessation, Apria may, at its discretion, ship products which have substantially similar functionality and specifications to the products ordered, or cancel your order and refund any prior payment that you have made for such products. If Apria substitutes a similar product for the one you ordered, you will be notified and have the right to cancel your order.
INACCURACIES; TYPOGRAPHICAL ERRORS
Apria attempts to be accurate when providing information or listing product details on the Website. Products offered for sale on the Website may contain descriptions provided by the manufacturer, developer or distributor of the product. Apria does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by Apria is not as described, your sole remedy is to return it in an unused condition and in accordance with our Shipping and Return Policy. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Apria’s suppliers, Apria will have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the transaction and your order is cancelled, Apria will issue a credit to your credit/debit card account for the amount of the charge.
TITLE AND RISK OF LOSS
Title to any ordered product will pass to you upon delivery of the product to the designated carrier, except that title to any software included with the product will remain with the applicable licensor(s). Apria will only be responsible for risk of loss or damage to the product that occurs prior to delivery of the product to the designated carrier. Apria does not assume title of any returned product until received by us in accordance with our Shipping and Return Policy.
PRIVACY POLICY
Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms of Use.
PROPRIETARY INTERESTS
You have no rights in or relating to the Website or any content, data, software, features or services provided on it (collectively, “Apria Website Content”). Except as provided below with respect to Apria Software or as Apria otherwise expressly provides on the Website, you may not use, copy, distribute, create derivative works based upon or publicly perform or display any Apria Website Content. If you rightfully download any software from the Website, such software, including all files and images contained in or generated by the software, and all accompanying data (collectively, “Apria Software”) are licensed to you under the applicable end user license agreement with respect to such Apria Software or, if such Apria Software is not accompanied by or otherwise subject to a separate end user license agreement, then Apria hereby grants you a nonexclusive, revocable limited license to the Apria Software for your personal, noncommercial, home use only. Apria does not transfer either the title or the intellectual property rights to the Apria Software, and Apria retains full and complete title to the Apria Software as well as all intellectual property rights therein and all copies thereof. You may not sell, redistribute, reproduce, create derivative works based upon, or publicly perform or display the Apria Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Apria Software to a human-perceivable form or otherwise reverse engineer the Apria Software. All software that is not Apria Software (including, but not limited to, preloaded software included in any device that you purchase or rent at the Website) is provided subject to the software’s user license agreement, and you acknowledge and agree that you are bound by such agreement.
Certain of the trademarks, logos and service marks displayed on the Website, including, but not limited to, APRIA, APRIA HEALTHCARE, APRIA HEALTHCARE (and Design), APRIADIRECT and APRIAALERT (collectively, the “Apria Trademarks”), are trademarks of Apria Healthcare Group Inc. All other trademarks, product names, company names and logos not owned by Apria Healthcare Group Inc. that appear on the Website (“Third Party Trademarks”) are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Apria Trademarks or Third Party Trademarks displayed on the Website. You are prohibited from using any of the Apria Trademarks as meta tags without Apria’s prior written consent. Use of the Apria Trademarks or Third Party Trademarks, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. You may not copy, publish, modify, disseminate or use the Website or its contents for any purpose other than to obtain information about or purchase or rent products from Apria or its affiliates, and your right to visit the Website is at all times subject to revocation by Apria. You are prohibited from framing the Website or using frames or framing techniques or technology to enclose any content included on the Website without Apria’s prior written consent. When accessing the Website, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to laws regarding trademark and copyright ownership and use of intellectual property.
COPYRIGHT INFRINGEMENT
If you believe any content on the Website infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Apria’s designated agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Apria to locate the material; (d) information reasonably sufficient to permit Apria to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the agent designated by Apria to receive and act on copyright violations under the DMCA, as follows:
DMCA Notices, Apria Healthcare, Attention: Copyright Agent, Legal Department, 26220 Enterprise Court, Lake Forest, CA 92630; (949) 587-0096 (fax); agreements@apria.com
If you believe that any material that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to Apria’s designated agent (see 17 U.S.C. Section 512(g)(3) for further detail): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Apria may be found, and that you will accept service of process from the person who provided notification under these Terms or Use (that is, the person who alleged that your material infringed any copyright) or an agent of such person.
Apria’s policy is to suspend or terminate the account, or the right to access or use the Website or any part of the Website, of any person who posts infringing material on the Website or who provides any fraudulent or inaccurate take-down notice or counter-notice under the DMCA. However, Apria has no obligation to do so.
USER COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users of the Website may be permitted to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Such user-generated content does not reflect the opinions or policies of Apria. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content or communication. Apria reserves the right (but not the obligation) to monitor and edit or remove any activity or content, but does not regularly review posted content. If you do post content or submit material, and unless Apria indicates otherwise, you grant Apria a nonexclusive, royalty-free, perpetual and irrevocable right to create derivative works based upon and to use, reproduce, modify, adapt, publish, translate, distribute, and display such content or material or any derivative works based thereon throughout the world by any means and in any media. You grant Apria the right (but not the obligation) to use the name that you submit in connection with such content, and you waive any right and agree not to assert that any such use infringes or violates your right of privacy, right of publicity or other right. You represent and warrant that you own or otherwise control all of the rights to the content and materials that you post; that the content and materials are accurate; that use of the content and materials you supply does not violate this policy or infringe any copyright or other right of any third party and will not cause injury to any person or entity; and that you will indemnify Apria and hold it harmless with respect to all claims, actions, costs, expenses (including reasonable attorneys’ fees and costs), loss or damage resulting from content or materials you supply. Apria takes no responsibility and assumes no liability for any content or materials posted by you or any third party.
WEBSITE AVAILABILITY AND SECURITY
At any time and from time to time, all or any portion of the Website may not be available or may not function properly. The Website may have and may cause technological problems for any reason, including viruses and other malicious or damaging computer programs. Apria disclaims liability for any interception of data or communications. Apria does not guarantee the security of the Website. Apria is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Website or for any defects, delays or errors in or resulting from your use of the Website.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically unless you opt out from receiving such communications where available. We will communicate with you by email or by posting notices to the Website. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TELEPHONE/COMMUNICATION CONSENTS
IN PROVIDING YOUR TELEPHONE NUMBER TO APRIA ON THE WEBSITE, YOU AGREE AND CONSENT TO APRIA CONTACTING YOU ON THAT TELEPHONE NUMBER FOR ANY PURPOSE (INCLUDING SALES, MARKETING, PROMOTIONAL OFFERS, CUSTOMER CARE, AND/OR COLLECTIONS). YOU FURTHER AUTHORIZE APRIA AND ITS REPRESENTATIVES AND AGENTS TO USE ANY CELLULAR OR OTHER TELEPHONE NUMBER AND/OR EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT OR OTHERWISE PROVIDED, DIRECTLY OR INDIRECTLY, TO APRIA OR ITS REPRESENTATIVES OR AGENTS, AND, IN CONNECTION WITH SUCH CALLS, TO USE PRE-RECORDED/ARTIFICIAL VOICE MESSAGES AND/OR AUTOMATIC DIALING DEVICES. YOU UNDERSTAND AND AGREE THAT ANY TELEPHONE CALLS BETWEEN YOU AND APRIA (INCLUDING ANY APRIA REPRESENTATIVES OR AGENTS) MAY BE MONITORED OR RECORDED BY APRIA OR ITS REPRESENTATIVES OR AGENTS.
DISPUTES – BINDING ARBITRATION
Any dispute or claim relating in any way to your use of the Website, or to any products or services sold or distributed by Apria or through the Website will be resolved by binding arbitration, rather than in court, except as otherwise permitted in these Terms of Use.
If you fail to reach satisfactory resolution concerning any claim or dispute with Apria and provided there has been a reasonable amount of time allowed to resolve the claim or dispute, then, and only then, will you have the option to continue to pursue the claim or dispute through binding arbitration with Apria or, solely to the extent provided below, in court.
You and Apria hereby agree to arbitrate all disputes between us, except as provided below. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between Apria and you with regard to use of the Website and all products and services purchased or rented at the Website, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, but not limited to: (i) claims that arose before this or any prior agreement, or which may hereafter arise; (ii) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) claims that may arise after the termination of these Terms of Use. You or Apria may start an arbitration proceeding by sending to the other(s), by certified mail, a letter requesting arbitration (the “Demand”). If the arbitration is started by a party other than the Apria, the Demand must be sent to Apria’s Legal Department at 26220 Enterprise Court, Lake Forest, California 92630 (the “Notice Address”). The Demand must (A) describe the nature and basis of the claim or dispute and (B) set forth the relief sought. The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use will govern the arbitration. You and Apria agree that (i) any dispute resolution proceedings, whether in court or arbitration will be conducted only on an individual basis and not in a class or representative action, (ii) neither Apria nor you, shall be a member in a class, consolidated, or representative action or proceeding, (iii) the arbitrator is authorized to award relief only on an individual basis, and (iv) Apria and you, are each waiving the right to a trial by jury. Apria does not consent to class arbitration; accordingly, if a court or arbitrator refuses to enforce clauses (i), (ii), or (iii) of the immediately preceding sentence, then the agreement to arbitrate shall be unenforceable as to you. These Terms of Use evidence a transaction in interstate commerce, and, therefore, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Use. Notwithstanding the arbitration agreement set forth in this paragraph, Apria may assign any delinquent accounts for collection, and Apria may pursue in court claims limited to the collection of past due amounts, unless you demand that the issue be resolved by arbitration in accordance with the arbitration provisions contained in these Terms of Use.
YOU UNDERSTAND THAT YOU MAY OPT-OUT OF ARBITRATION AS PROVIDED BELOW AND/OR PURSUE CERTAIN SMALL CLAIMS IN COURT. Claims may be pursued in court, as opposed to arbitration, if: (i) the claim qualifies for small claims court in a location where jurisdiction and venue over the parties is proper, in which case proceedings may be initiated in small claims court; or (ii) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE ON WHICH YOU MAKE YOUR FIRST PURCHASE ON THE WEBSITE (THE “OPT-OUT DEADLINE”). You may opt out by doing either of the following before the Opt-Out Deadline: (i) enter the decision to opt out of arbitration on the Company’s website by clicking here and following the instructions, or (ii) call the Company’s Arbitration Opt-out Line at 1-866-494-5396 and leave a recorded message indicating your name and address and the fact that the right to opt out of arbitration is being exercised.
Additional Information About Arbitration with the Company: The arbitrator must follow the arbitration provisions contained in these Terms of Use and can award the same damages and relief as a court could. Decisions of the arbitrator will be conclusively binding upon all parties, and judgment upon any arbitration award may be entered by any court of competent jurisdiction. Please refer to Apria’s additional arbitration procedures, which form a material part of and are incorporated by reference into these Terms of Use, by clicking here.
APPLICABLE LAW
By using the Website or any product or service sold or distributed by Apria or through the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Apria.
INTERNATIONAL USERS
We control the Website from our offices within the United States for use only for sales and deliveries within the United States. We make no representation that the content on the Website is appropriate or that access to such content is lawful in all jurisdictions. Those who access the Website from outside of the United States are responsible for compliance with applicable laws in jurisdictions from which this site is accessed. By visiting the Website and providing us with data, you acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in these Terms of Use or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data and storage of such data within the United States, and you agree that the laws of the United States shall govern this transfer and Apria’s use, sharing, storage, and security such data . You agree not to provide data at the Website or take any other action which is prohibited or restricted by laws of jurisdictions outside of the United States to which you are subject. ResMed products can only be sold to end users residing in the U.S. and not to other 3rd parties or businesses.
AFFILIATED AND THIRD PARTY SITES
Apria has no obligations or liabilities relating to any third party websites or materials. If you access any third party website through the Website or otherwise, you do so at your own risk, even if you use a hyperlink that Apria supplies or otherwise learn of the website from Apria or through the Website. Apria works with a number of partners and affiliates to whose Internet sites the Website hyperlinks. Hyperlinks to or from the Website are for the user’s convenience only. Apria’s inclusion of hyperlinks to an Internet site or providing information or recommendations relating to an Internet site does not, and should be construed to, mean that Apria endorses or sponsors or is affiliated with that Internet site. Apria makes no guarantees about the accuracy, currency, content, or quality of the information provided by third party Internet sites, including any partner or affiliate Internet sites, and Apria assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Internet sites. Similarly, from time to time in connection with your use of the Website, you may have access to content or materials that are owned or supplied by third parties. You acknowledge and agree that Apria makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content or materials.
MONITORING AND REPORTING
Apria may monitor and, subject to its Privacy Policy, record activity on the Website for any reason or for no reason and may investigate any complaint or reported violation of Apria’s policies. Apria may report any activity that it suspects may violate any law or regulation to regulators, law enforcement officials or other persons or entities that it deems appropriate and may issue warnings, suspend or terminate use of the Website, deny access to all or part of the Website or take other action that it deems appropriate.
INDEMNITY
You will indemnify Apria and its affiliates, officers, directors, employees, consultants, agents, and representatives and hold them harmless from any and all claims, actions, losses, liability, demand, damages, and/or costs or expenses (including reasonable attorneys’ fees and costs) arising from use of the Website, your violation of these Terms of Use, or your violation of law or the rights of third parties (including other users of the Website). Any act by anyone accessing the Website using your account or your username or password will be deemed to be an act by you for purposes of this paragraph. Apria will notify you promptly of any such claim, action, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending against the same.
CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS
This website may contain estimates, projections or other statements that are forward-looking in nature (“Forward-Looking Statements”). Any Forward-Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. Apria undertakes no obligation to publicly update or revise any Forward-Looking Statements.
SUSPENSION OR TERMINATION OF USAGE
Apria may, in its sole discretion, suspend or terminate your account and/or refuse any and all current and future use of the Website, for any reason and without notice, including if (a) you provide any information that is untrue, inaccurate or incomplete, or Apria has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete; or (b) if you engage in, or Apria has reasonable grounds to believe that you have engaged in, any conduct that Apria believes is disruptive to the Website or is in violation of any applicable law, these Terms of Use or the rights of any third party (including other users of the Website).
SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain in full force and effect. No waiver of any breach of any provision of these Terms of Use will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
ASSIGNMENT
You will not transfer or assign any rights or licenses granted to you pursuant to these Terms of Use, and any purported assignment or other transfer in violation of this paragraph will be null and void and of no force or effect.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms of Use, there will be no third-party beneficiaries to this agreement.
ENTIRE AGREEMENT
You agree that these Terms of Use, Apria’s HIPAA Notice of Privacy Practices, and the other documents referenced herein (including the Privacy Policy and our Shipping and Return Policy), constitute the entire agreement between you and Apria with respect to use of the Website. You also may be subject to additional terms and conditions that may apply when you use or purchase or rent certain Apria or third party services, products, content, or software.
DISCLAIMER AND LIMITATION OF LIABILITY
APRIA MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE. THE SITE, INCLUDING ALL INFORMATION CONTAINED HEREIN, AND ALL SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS CONTAINED ON THE SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THE SITE (SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS COLLECTIVELY REFERRED TO AS “SITE INFORMATION”), ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT OF ANY WRITTEN WARRANTY THAT APRIA PROVIDES TO YOU WITH RESPECT TO ANY PRODUCT OR SERVICE THAT YOU PURCHASE OR RENT AT THE SITE. EXCEPT WITH RESPECT TO SUCH WRITTEN WARRANTIES, APRIA HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INFORMATION, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO NINETY (90) DAYS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
APRIA DOES NOT WARRANT THAT THE SITE INFORMATION OR ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE INFORMATION; THE SERVER ON WHICH THE SITE IS LOCATED; OR EMAIL SENT FROM APRIA ARE FREE, OR WILL BE FREE, OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IF FOR ANY REASON YOU DO RECEIVE ANY WARRANTY FROM APRIA REGARDING ANY PRODUCT THAT YOU PURCHASE OR RENT AT THE SITE (“APRIA WARRANTY”), YOU WILL PROMPTLY REPORT ANY BREACH OF THAT APRIA WARRANTY TO APRIA. IF YOU REPORT THE BREACH DURING THE APPLICABLE APRIA WARRANTY PERIOD AND APRIA CONFIRMS THAT BREACH, APRIA WILL, AT ITS OPTION, EITHER REPAIR THE PRODUCT, REPLACE IT, OR ALLOW YOU TO RETURN IT FOR A FULL REFUND. YOU WILL PAY TO SHIP ANY PRODUCT TO APRIA IN CONNECTION WITH ANY BREACH OF APRIA WARRANTY CLAIM AND APRIA WILL PAY TO SHIP SUCH PRODUCT BACK TO YOU. THE REMEDIES IN THIS PARAGRAPH ARE APRIA’S ONLY LIABILITY OR OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY BREACH OF APRIA WARRANTY RELATING TO ANY PRODUCT THAT YOU PURCHASE OR RENT AT THE SITE. FOR ALL OTHER WARRANTIES NOT OFFERED BY APRIA, YOU MUST CONTACT THE MANUFACTURER TO FILE A WARRANTY CLAIM.
YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE AND LIABILITY ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES PURCHASED OR RENTED AT THE SITE. IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) WILL APRIA OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY SITE INFORMATION, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FOR ANY GOODS OR SERVICES OBTAINED ON THE SITE, EVEN IF SUCH ENTITY HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE PROVISIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE DAMAGES OR OTHER REMEDIES ARE ESSENTIAL TERMS OF THESE TERMS OF USE THAT ARE FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF RISK. ACCORDINGLY, THOSE PROVISIONS WILL BE INDEPENDENT OF ANY OTHER PROVISIONS AND WILL BE ENFORCED REGARDLESS OF ANY BREACH OR OTHER OCCURRENCE RELATING TO THESE TERMS OF USE, THE SITE OR ANY SITE INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES WILL REMAIN FULLY VALID, EFFECTIVE, AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THESE TERMS OF USE TO FAIL OF ITS ESSENTIAL PURPOSE.
FORCE MAJEURE
Apria will not be liable for any failure to perform any of its obligations under these Terms of Use if its performance of such obligations is substantially hindered due, directly or indirectly, to any circumstance beyond the reasonable control of Apria, including, but not limited to, war, riot, fire, flood, explosion, storm, accident, civil unrest, strike, lockout, trade dispute, labor disturbance, failure of any machine, system of authorization, data processing or communication system or transmission link, act of any governmental agent, department or other entity or act of God. In such an event, Apria may elect to cancel your order and refund any payments made.
NO MEDICAL ADVICE
The information supplied through or on the Website, or by any employee or agent of Apria, whether by telephone, email, letter, facsimile, or other form of communication, is for informational purposes only and does not constitute medical, legal or other professional advice. Health-related information provided through the Website is not a substitute for medical advice and should not be used to diagnose or treat health problems or to prescribe any medication, medical devices, or other remedies. The information on the Website may be presented in conclusory, shorthand, or summary form and is not intended to supplant medical advice provided by your own physician or other healthcare provider or any information included by the manufacturer with or on any product. The receipt of any questions or feedback that you submit to Apria does not create a professional relationship and does not create any privacy interests other than those described in the Privacy Policy. YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER OF YOUR OWN CHOICE BEFORE MAKING ANY HEALTHCARE DECISIONS OR FOR GUIDANCE ABOUT A SPECIFIC MEDIAL CONDITION AND CAREFULLY READ ALL PACKAGING AND OTHER INFORMATION PROVIDED BY THE MANUFACTURER OF ANY MEDICAL PRODUCTS OR DEVICES BEFORE USING THEM.
NOTICE TO MEDICARE BENEFICIARIES AND PATIENTS WITH OTHER INSURANCE COVERAGE SEEKING TO PLACE ORDERS THROUGH APRIADIRECT.COM
Medicare, insurance companies and other payors may not pay for many of the items offered for purchase through the Website and you will have to pay for those items out of your own pocket. If you believe that an item on the Website may be reimbursable through your insurance policy or coverage, please contact your insurance company, contact your local Apria branch or call us at (800) 277-4288.
Last updated: February 1, 2018