Effective Date: March 1, 2016
Terms and Conditions of Use
Use of this Website is governed by the Terms. By using this Website you agree to abide by these Terms. If you do not agree with any of these Terms, do not use this Website or participate in ResMed Mask Text Coaching.
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 to or 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.
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.
THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS WEBSITE, OR COMMUNICATED TO YOU DIRECTLY OR THROUGH AN APPLICATION, TOOL, OR SERVICE OF THIS WEBSITE VIA COMMUNICATIONS, IS FOR COACHING, INFORMATIONAL, EDUCATIONAL AND RESUPPLY PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. RESMED DOES NOT, THROUGH THIS WEBSITE OR ITS FUNCTIONS, PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS WEBSITE, AND COMMUNICATIONS FROM RESMED IN CONNECTION WITH YOUR USE OF THE WEBSITE OR RESMED PRODUCTS, DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.
Your reliance upon information and content obtained by you from ResMed Communications, including this Website is solely at your own risk. We do not 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 or diagnosis 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 or through any Communications. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment or diagnosis.
Intellectual property rights
All content, text, images, data, information and other material displayed, available or present on this Website or made available to you through Communications (“Content”), including any accompanying intellectual property rights in the Content (including without limitation trademarks and copyrights) 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 Content 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.
Authorized and prohibited uses
You may download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms and applicable laws. Except as may otherwise be expressly authorized by these Terms, 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. You agree not to infringe upon ResMed’s intellectual property rights or remove or modify related proprietary notices contained in this Website or the Content.
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, or other services offered by ResMed such as ResMed Mask Text Coaching. 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. We may also terminate or suspend your account if you fail to use it for 90 days or more. 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 shall not be 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.
Any ResMed software that is made available to download from this Website ('Software') is the copyrighted work of ResMed and/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. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
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.
Compliance with the Digital Millennium Copyright Act
ResMed respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for termination 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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the Content 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 the information reasonably sufficient to permit ResMed to locate the Content;
- Information reasonably sufficient to permit ResMed to contact the complaining party;
- A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act, please contact ResMed's Copyright Agent at:
Vice President, General Counsel-Americas
ResMed Corp. Legal Department
9001 Spectrum Center Blvd.
San Diego, CA 92123
Phone: (877) 389-8868
Access arrangements and fees
Your use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times, which may be determined, specified or modified by ResMed in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website, or to receive any Communications from ResMed.
At this time, we do not charge a fee to use this Website (but not including any subscription-based or other services offered within, which will be the subject of a separate agreement), but we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. ResMed shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.
Unless otherwise agreed upon between you and ResMed, no link shall be made to any page of this Website except a direct link to the top page without framing. In addition, any link to this Website must be immediately followed by notice to ResMed via email at email@example.com. Moreover, in the event ResMed deems your linking practices in relation to this Website to be inappropriate, ResMed may choose to delete the link or to provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of ResMed relating thereto.
Access to Website
While it is ResMed's objective to make the Website accessible 24 hours per day, seven days per week, the Website 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 ResMed, access to the Website 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 Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.
You agree not to submit any User Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.
You agree to comply with all applicable laws in connection with your use of this Website.
Unsuitable content and conduct
User shall not engage in, conduct or submit to this Website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. User shall not cause damage, embarrassment or adverse publicity to ResMed.
Functional compatibility and system abuse
You will submit only User Content that is functionally and technically compatible with this Website. You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of ResMed with a virus or other malicious computer program. You will only use this Website for the permitted purposes stated in these Terms, and will not engage in abusive activity with respect to this Website, or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website 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, ResMed reserves 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 will notify ResMed promptly upon learning of any actual or suspected breach of these Terms by you or unauthorized use or abuse of this Website.
THIS WEBSITE, ITS CONTENT AND ITS LINKS AND COMMUNICATIONS ARE PROVIDED ON AN 'AS IS' BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. RESMED DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, 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
RESMED'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESMED (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE OR RECEIPT OF ANY COMMUNICATIONS) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. RESMED AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE RECEIPT OF ANY COMMUNICATIONS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH RESMED. 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 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, RESMED AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. RESMED DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND 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 SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF RESMED WILL BE LIMITED TO, IN THE SOLE DISCRETION OF RESMED, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY RESMED FROM YOU.
You agree to defend, indemnify and hold harmless 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 this Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from use of this Website.
Third-party sites and other information
This Website may contain as a convenience to you, content, links and other information submitted by third parties over whom ResMed has no control or responsibility, as well as translations thereof which ResMed may arrange. ResMed has no obligation to monitor, control or restrict the use of this Website, or third-party websites accessible via links on this Website. These other sites are not under ResMed's control, and you acknowledge that (whether or not such sites are affiliated in any way with ResMed) ResMed is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by ResMed or any association with its operators.
Separate terms and conditions
From time to time in connection with your use of and/or access to Content contained in certain areas of this Website, or receipt of Communications from ResMed, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms regarding any use of this Website, unless otherwise expressly stated.
Dispute resolution; applicable law and forum
Modification of Terms
If you have any questions regarding these Terms or this Website, please contact us by email at firstname.lastname@example.org
ResMed Corp. and its affiliates (collectively 'ResMed') are committed to protecting the privacy and security of your personal information. We want to share with you how we treat personal information about you that we receive in connection with one or more of the websites and applications operated by or for ResMed, including the ResMed Mask Text Coaching (the 'Website').
Also, use of this Website is governed by the Terms posted on the Website and otherwise made available through your use of ResMed Mask Text Coaching. As noted in those Terms, ResMed Inc. is a Delaware corporation and ResMed Corp. is a Minnesota corporation. The servers that host this Website, and that are used to send Communications (electronic communications via text, voice, or email) to you are located in the United States, and any personal details you provide to us will be processed by ResMed in the United States and Canada. ResMed expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website or made available to you through Communications. ResMed makes no representation about any third-party websites or services that may be accessed via links from this Website. By using this Website, you agree that the laws 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 and the service you receive from ResMed Mask Text Coaching.
Information we collect
In general, you can visit our Website without telling us who you are or revealing any personal information about yourself. However, you should be aware that sections of this Website (including restricted portions of this Website) that allow for the submission of personal information (referred to for convenience as 'Registration Pages') contain a function for collecting various pieces of your personal information, including your name, address, email address, phone number(s), medical information, credit card or account information, company, industry, information about your interests in and use of various products, programs, and services, and any other information that you decide to provide us with. We only collect your personal information if you voluntarily submit the information to us for such purposes as registering for the use of certain services or restricted portions of this Website or other subscription websites operated by ResMed, completion of surveys, product or service purchases, or requests for information, products, or services. For your information, through certain technologies employed by this Website, we also collect non-personally identifiable information about you. For more details about this type of data collection, please refer to the section below on cookies.
To protect your security and privacy, we require that you or your legal representative (as opposed to a third party on your behalf) enter the personal information that we collect and that the information be current, although ResMed disclaims any legal duty to verify the accuracy of any personal data that you provide to ResMed beyond what may be required by law for the particular purpose for which the information is to be used. You are free to access the personal information we have on file by contacting our Customer Service department by phone at 800-424-0737. In addition, at any time you can request that we modify or delete your personal information by sending an email to us at email@example.com with the words 'UPDATE MY INFORMATION' in the subject line. Please be aware that, to protect your security and privacy, ResMed may take reasonable steps to verify your identity prior to making changes to your personal information. For your information, please note that it is our practice to monitor and in some cases record calls for staff training and quality assurance purposes.
How we use the information we collect and who we share it with
Unless otherwise specified herein, ResMed reserves the right to compile, save, use within the scope of our activities, and analyze any and all data about you (contact and personal data, use history etc.) that we collect from you through the Website or Communications. We use the personal information about you that you provide to us for our internal purposes, such as responding to your requests for information or materials, contacting you, conducting internal analyses such as surveys and market research, processing and completing orders, processing your payment, administering your account, and administering and developing our business relationship with you or the company you represent. We also use your personal information to send Communications to you, for example, to provide services to you such as the ResMed Mask Text Coaching, or to provide you with Communications regarding your account, newsletters, press releases, or information or advertisements relating to products, offers, or programs that may be of interest to you. By submitting this personal information to us, including any medical information, you (or your legal representative on your behalf) consent to this use by ResMed. We will only send Communications to you if you have registered to request information from us or otherwise have agreed to receive such messages from us by providing your electronic contact information to us.
ResMed has a general policy of not disclosing your personal information to third parties unless you have consented to such sharing. However, we may share the personal information about you that you provide to us with trusted companies we work with to provide services for us, such as sending out our newsletters, fulfilling orders you submit, or collecting and processing information on our behalf. These companies-our vendors-are contractually bound to use personal information that we share with them only to perform the services we have engaged them to provide. Other companies may collect and use information you provide to us to better understand the offers, promotions and types of advertising that are most appealing to our customers. After the information is collected by these third parties, it is aggregated so it is not personally identifiable or tied to you or any other user. If you would prefer that these companies not collect your information, please email firstname.lastname@example.org.
We may also share your personal information in the event that the business of ResMed is transferred to another entity by way of merger, sale of the company's assets or otherwise, we may also share your personally identifiable information with the merging/acquiring entity. If you consent to sharing of your personal information, we may share your information with ResMed related entities and selected third parties so that they may provide you with or contact you regarding information and materials that may be of interest to you. If you prefer that we do not share your information in this manner, please refer to the section below on opting in and out.
We may also collect and group demographic and preferences information, responses to surveys and other personal information that we collect from you into an aggregate, non-personally identifiable form for disclosure to our existing or potential business partners, affiliates, sponsors, regulators as part of further product development, including as part of a pre-market submission with the FDA, or other third parties. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Website.
From time to time, we may also collect general, non-personal statistical information about the use of the Website, such as how many visitors visit a specific page on the Website, how long they stay on that page and which hyperlinks, if any, they 'click' on. We collect this information through the use of 'cookies' and other tracking technologies, which are discussed in greater detail below in the section on cookies. We collect this information to determine which areas of the Website are most popular and to enhance the Website for visitors. As with other aggregated data, we may disclose such data to our existing or potential business partners, affiliates, sponsors or other third parties, but this aggregate data will in no way personally identify you or any other visitors to the Website.
Please note that under the laws of jurisdictions in which your personal information may be held or processed, including the United States, that information may be accessed by law enforcement authorities or the courts. If you would like to obtain information about our policies and practices with respect to processing of personal information in the United States, please contact us at the address set forth below.
Personalized URL links
On occasion, we may personalize and customize websites for certain users. Invitations to visit these customized websites will generally be sent to you via an email containing a personalized URL, a notice on a registration page, or in response to you logging on to a certain portion of this Website. If you are invited to visit one of these sites, you may find it customized with references to products and/or services that we believe may be of interest to you based on your previous interactions with ResMed and on information you have provided to us. While you are visiting these websites, we may collect tracking or other non-personally identifiable information about your visit to better tailor the site to your interests. If you do not want your information to be collected in this way, please do not accept the invitation to visit these sites.
Children's information and COPPA
We do not knowingly collect personal information from children. The content of our Website is not intended for, or directed to, children. If you are under 13 years of age, then please do not use or access our Website at any time or in any manner.
We may also employ software technology known as 'web beacons' or 'clear GIFs' which helps us keep track of what content on our Website is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we use do not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.
Opting in and out
You may be given an opportunity to opt in to receiving additional information from ResMed, ResMed-related entities, and/or selected third parties at the time of submitting your personal information to us. To sign up for the ResMed Mask Text Coaching, you need to consent to receive Communication from ResMed. This is a one-time consent to receive Communications and such consent may be retracted by you at any time, preferably in writing to ResMed. By submitting personal information to us when registering for the Website, and clicking the “sign up” button, you are consenting to receive Communications from or on behalf of ResMed. You understand that this consent is voluntary not a condition of purchasing ResMed products or receiving other good or service. If you opt in, you may be added to our list of users who will receive therapy, promotional and marketing communications from us, our partners and/or other third parties. If you initially opt in to receiving such communications and you later decide that you no longer want to receive them, you may opt out of ResMed Mask Text Coaching, promotional and marketing communications from us and/or our partners and other third parties by contacting us at email@example.com. If you discontinue your use of the Website for a period of 90 days or more we may require you to re-register or otherwise stop communicating with you electronically. Furthermore, to opt out and stop receiving Communications related to ResMed Mask Text Coaching or other promotional and marketing materials, you can also text STOP in response to the text messages you receive from us, or follow the instructions at the end of Communications regarding opting out.
Links to other sites
For your convenience, this Website may from time to time include links to third-party sites whose information practices may be different than ours. You should consult the other sites' privacy policies, as we have no control over information that is submitted to, or collected by, these third parties.
Security of information and disclosures
ResMed uses industry standard security measures to safeguard information concerning, and submitted by, users like you. Despite the security measures employed by ResMed, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.
9001 Spectrum Center Blvd.
San Diego, CA 92123
COMMUNICATIONS WITH YOU: ResMed may contact you with Communications using an automated call system (“IVR”), text, emails, or live calls, at a frequency determined by You. You are eligible to receive Communications once per week for up to five (5) weeks. Calls or emails will continue until either a response is collected or the cycle expires. If You not respond to a text, or answer a call requesting a response, ResMed will leave a voice mail message requesting a return call. You may request, preferably in writing, to ResMed to stop Communications, including texts, calls or emails.