Terms Of Use

Effective Date: November 2014

Welcome to shop.mySplus.com, the payment processing microsite (the “Microsite”) for online orders of S+ products (“S+”) and devices by ResMed (“ResMed”) submitted through this Microsite, the interactive mobile application (the “App”) and websites, including but not limited to mysplus.com (collectively, the “Website,” and, collectively with the App and the content, products, and services provided on the App and the Website, the “Service”). Please read these terms and conditions (“Terms of Use”) carefully because they set forth the important terms you will need to know about the Microsite. In these Terms of Use, the terms “you” and “yours” refer to the person using the Microsite. The terms “we,” “our,” “us” and “Authorized Service Provider” referred collectively to ResMed’s authorized service provider(s). The Service is intended for access and use only by U.S. customers. Please read these Terms of Use carefully before using the Microsite.

Use of the Microsite is governed by the Terms of Use. By using the Microsite you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use the Microsite.

For information about the terms and conditions governing the ResMed’s Services (including the Website and App), please refer to the ResMed Terms of Use for the Service, available here (the “Service Terms of Use”).

For information about the way in which we use, process and share data, including personally identifiable information that we may obtain about you, please refer to our Privacy Policy, available here. We expressly exclude any representation or warranty, express or implied, with respect to the information available through the Microsite. By using the Microsite, 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 us with respect to your use of the Microsite.

Terms of Sale and Payment Processing

If you wish to purchase S+ goods, products, or devices (the “goods”) featured on the App or Website, or otherwise please follow the instructions provided in this Microsite. Your electronic or telephone order is an offer to buy from ResMed. ResMed reserves the right not to accept an order at its sole discretion. Your credit card information and order details will be accepted and processed by us and certain fulfilment activities may be conducted by ResMed. ResMed has contracted with us to perform the payment processing activities and are obligated to use credit card or account information only to perform the services described in these Terms of Use.

Once you have submitted an order, you will receive an automatic e-mail confirming the details of your order (name, address, product ordered, price, etc.). Such e-mail is a confirmation that the order has been received by us and distributed to ResMed, but does not constitute acceptance of your order. ResMed reserves the right at any time after receipt of your order from us to accept or decline your order for any reason, regardless of whether your order has been confirmed or your credit card has been charged. If your order is declined or cancelled after your credit card has been charged for the purchase, we will promptly issue a credit to your credit card.

Payment for the goods you order must be made by American Express, MasterCard, Discover or Visa credit card. If your payment is rejected by the card issuer your order will not be dispatched. Payment is made at your own risk.

The prices and availability of the goods displayed on the App and Website are subject to change without notice. The ownership of the ordered goods will only pass following payment in full.

Orders will only be accepted from and dispatched to addresses within the continental United States. ResMed cannot currently deliver products to any other country outside of the United States. S+ goods cannot be delivered to a P.O. Box address.

ResMed reserves the right to deny sales under any promotion it shall offer from time to time in its sole discretion.

Conditions of S+ Offer

ResMed’s offers distributed and processed on this Microsite are only valid while supplies last. This offer is only valid on purchases by residents of the 50 United States, the District of Columbia and for shipping to an address in the 50 United States or in the District of Columbia.

Free shipping applies to qualifying purchases of S+ product purchased through the Microsite during eligible promotional times. Free Shipping applies to the 48 contiguous states only. An additional charge of USD$10.00 is applicable outside of the 48 contiguous states.

Payment Options:

Your final payment schedule selected will be displayed at checkout. You may choose between a multi payment option or a single lump sum payment. Furthermore, you will be given an opportunity to apply any valid discount code offered by ResMed.

All applicable sales taxes are applied at the time of initial payment on the total product price, excluding shipping and handling.

This offer is intended for end-user customers only and does not apply to purchases of S+ by distributors, resellers or retailers. This offer does not apply, and may not be used, in conjunction with any other offers, sales, rebates, coupons, or promotions and does not apply to prior purchases. ResMed reserves the right to withdraw, amend, or otherwise modify this offer at any time for any reason.

30 Day Satisfaction Guarantee:

If for some reason the product doesn’t meet your needs within 30 days of receiving the product, you just need to call the ResMed toll-free customer service number 1-866-202-2973, request a Return Authorization, and return the product to receive a full refund of the purchase price less any shipping and taxes.

Customers are responsible for all return shipping charges.

To avoid any additional charges, all returns and exchanges must include the original packing materials, product box, all included accessories which may include, but not necessarily be limited to, power adapters or power cords, connecting cables, adapters, inserts, cards and instruction manuals. The absence of any of the aforementioned items may mean that you incur a charge for their replacement.

To process a payment on our Microsite, you are required to enter your name, email address, and certain other information (e.g., contact information, phone number(s), and credit card information). You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current.

We reserve the absolute right not to process the payment of any person or entity. To use our Microsite, you must also reside in a jurisdiction in which ResMed offers the Service, and you must be at least 18 years of age.

Access to Microsite

While it is our objective to make the Microsite accessible 24 hours per day, 7 days per week, the Microsite may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of us or ResMed, access to the Microsite may be interrupted, suspended or terminated from time to time. ResMed shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability and equipment needed for access or use.

Compliance

You agree to comply with all applicable laws in connection with your use of the Service and Microsite.

Unsuitable Content and Conduct

You shall not engage in, conduct or submit to the Microsite or the Service any content or other material that is illegal, inaccurate, misleading, misappropriated, or otherwise objectionable. You shall not cause damage, embarrassment or adverse publicity to ResMed.

Functional Compatibility and System Abuse

You will submit only content that is functionally and technically compatible with the Microsite or the Service. You will not attempt to and will not damage, corrupt, tamper with or infect any aspect of the Microsite or Service or any information or telecommunication system of Authorized Service Provider or ResMed with a virus or other malicious computer program. You will only use the Microsite and Service for the permitted purposes stated in these Terms of Use, and will not engage in abusive activity with respect to the Microsite or Service, or undertake any other activity which may adversely affect the use or enjoyment of the Microsite or Service by any person. You are prohibited from using any services or facilities provided in connection with the Microsite or Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, our Service Provider and ResMed, as applicable, reserve the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

Your Cooperation and Notification

You agree to cooperate with all reasonable requests of ResMed and us and will notify us promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of the Microsite or Service.

Warranty Disclaimers

EXCEPT FOR SPECIFIC WARRANTIES OF THE S+ PRODUCTS SET OUT IN THE PRODUCT MATERIALS, THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND IS USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE AND RESMED DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE S+ PRODUCT MATERIALS, RESMED’S AND OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE OR MICROSITE) IS TO DISCONTINUE YOUR USE OF THE MICROSITE OR SERVICE, AS APPLICABLE. NEITHER US, NOR RESMED OR ITS VENDORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICE OR THIS MICROSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THIS MICROSITE OR REGISTRATION WITH THE SERVICE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR RESMED HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY OR THAT OF RESMED AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER US NOR RESMED ENDORSES, WARRANTS OR GUARANTEES ANY PRODUCT OR SERVICE OFFERED THROUGH THE MICROSITE OR SERVICE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTIONARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF US OR RESMED, AS APPLICABLE, WILL BE LIMITED TO, IN THE SOLE DISCRETIONOF RESMED, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE SERVICE RECEIVED BY RESMED FROM YOU.

Indemnification

You agree to defend, indemnify and hold harmless us and ResMed and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with your use of the Microsite and the Service, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of the Microsite or Service.

Third-Party Beneficiaries

If you access our Microsite from Apple’s App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and as such, Apple will have the right to enforce these Terms of Use.

Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. We may, in our discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use to ResMed or to another entity if ResMed is transferred by way of merger, sale of its assets or otherwise.

Privacy Policy and Terms of Use for the Website and App

The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

Dispute Resolution; Applicable Law and Forum

With respect to any and all disputes arising out of or in connection with the Microsite or these Terms of Use (including without limitation the Privacy Policy), Authorized Service Provider and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

We have no obligation to become involved in any dispute between a user and any other person. These Terms of Use and any dispute arising in connection there with shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. You agree that all disputes arising under these Terms of Use shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration administered by the American Arbitration Association (“AAA”) in San Diego, California, or another forum mutually agreed upon by you and us, pursuant to the Commercial Arbitration Rules (“Rules”) of the AAA by a sole arbitrator nominated by agreement of you and us and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, we may select another arbitral body in its sole discretion. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that we are entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use pending a final arbitral decision.

Modification of Terms of Use

These Terms of Use and the Privacy Policy constitute the complete agreement between you and us with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. We will endeavour to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days. Your continued use of any aspect of the Service subsequent to our notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and us shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of any use by you of the Microsite, the Service or these Terms of Use.

Contact Information

If you have any questions regarding these Terms of Use or the Website, please contact us by email at customerservice@mySplus.com

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