Your Acceptance of These Terms and Conditions
PLEASE TAKE A FEW MINUTES TO CAREFULLY REVIEW THESE TERMS AND CONDITIONS. BY ACCESSING AND USING THIS WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS, USE OR DOWNLOAD MATERIALS FROM THIS WEBSITE.
These Terms and Conditions May Change
Company reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this Website.
Copyright Notice and Limited License
Everything you see and hear on this Website (the “Content”), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by Company or by one of its affiliates, or by third parties who have licensed their materials to Company. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Company owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:
• Only use the Content you download for your personal, noncommercial use or to further your business dealings with Company
• Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Company
• Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Company
• Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality
No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. Company reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Company.
Digital Millennium Copyright Act Compliance
Company respects the intellectual property rights of others and does not permit copyright infringing activities on the Website. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
• 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 on the Website are covered by a single notification, a representative list of such works at the Website;
• 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 Company to locate the material;
• Information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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
• 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.
All of the trademarks, service marks and logos displayed on this Website (the “Trademark(s)”) are registered and unregistered trademarks of Company, one of its affiliates, or third parties who have licensed their Trademarks to Company or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from Company.
Links to Other Websites
This site may contain hyperlinks to websites that are not operated directly by Company. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party websites or any association with their operators. Company does not review or control these websites and is not responsible for their content. Company expressly disclaims any responsibility for the content of any third party websites linked to the Company Website or the products or services of such third party. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Company does not make any representations regarding the content or accuracy of materials on such non-Company websites or the products or services of any third party operating such websites. Your access and use of these websites (and the websites to which they link) is solely at your own risk.
Because different countries around the world have different laws and regulatory requirements, some devices are available in some countries and not in others. This Website contains references or cross references to Company products, programs and services that may not be available or announced in your country. These references do not imply that Company intends to announce such products, programs or services in your country. Consult your local Company sales representative or contact Company directly if you have questions about which products, programs and services may be available to you in your area.
DISCLAIMER OF WARRANTIES
THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. IF YOUR USE OF THE WEBSITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEBSITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION, MATERIALS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED ON OR ACCESSED THROUGH THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. COMPANY MAKES NO CLAIMS THAT THE MATERIALS ARE APPROPRIATE OR MAY BE DOWNLOADED OUTSIDE OF THE UNITED STATES. ACCESS TO THE MATERIALS MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE WEBSITE FROM OUTSIDE OF THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITHIN THE LAWS OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS. COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT OR PROCEEDING OF WHICH IT RECEIVES NOTICE AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING.
If we offer member only access to one or more sections of this Website, you agree that we may terminate or suspend your use of the Website without prior notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. You also agree that we will not be liable to you or any third party for any termination of your access to the Website.
GOVERNING LAW AND JURISDICTION
This Website is controlled and operated by Company from its offices within the State of Ohio within the United States of America. Any claim relating to these Terms and Conditions and/or the use of this Website shall be governed by the laws of the State of Ohio. By using this Website, you consent to personal jurisdiction in the federal and state courts of State of Ohio for any action arising out of or relating to this Website, these Terms and Conditions or your use of this Website. The federal and state courts of State of Ohio shall have exclusive jurisdiction over all such actions.
SEVERABILITY AND NO WAIVER
If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term.
These Terms and Conditions constitute the entire agreement between you and Company with respect to your access to and/or use of this Website and the Content and shall not be modified except by Company as provided herein or through a written document signed by both parties. Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to or approval by you.
LINKS TO ADVERTISERS, SPONSORS AND PARTNERS
Be advised that this Website includes links to advertisers, sponsors and partners who provide goods and services to users through the oxygo.life web site.
Oxygo.life isn’t responsible for content on off-site web pages. Parents of anyone under 18 should review all content and determine its’ appropriateness for viewing.
YOUR HEALTH INFORMATION
HOW WE COLLECT YOUR INFORMATION
Information You Provide
We collect any information that you provide us when you use the Service.
• Account Registration. If you register an account on our Website, we will request that you provide us your email address. You may also elect to provide us additional information such as your name and address. If you link your device with one of our mobile applications we may request that you provide us your device’s serial number.
• Communications and Other Interactions. We may collect information through your communications with our customer-support team. We will also collect any information you provide when requesting additional information about our products such as your name, phone number, and email address.
• Payments. If you make payments through the Service, we will ask you to provide your payment information, such as your credit card number, billing address, so our service providers can process your payments.
Information We Collect When You Use Our Service
We may automatically collect certain technical information from your computer or mobile device when you use the Service.
• Device and Usage Information. We receive information from your device, including IP address, web browser type, mobile operating system version (to the extent applicable), and unique device identifiers. We may also collect and store your browser settings and preferences. We receive information about your interactions with our Service, such as the time spent interacting with content and the dates and times of your visits.
• Information from Cookies and Similar Technologies. We and our service providers may collect information using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your computer or other Internet access device. Cookies may enable us to personalize your experience on the Service, maintain a persistent session, passively collect demographic information about your computer, and monitor other activities. Our Website and mobile applications may use different kinds of cookies and other types of local storage (such as browser-based or plugin- based local storage).
• Location Information. When you use our mobile applications, we receive your precise location information. We may also collect the precise location of your device when the app is running in the foreground or background / when the app is closed. We use your location information to monitor the location of our equipment, locate lost or stolen equipment, perform market analysis, and locate nearby service representatives and branch offices. We also infer your more general location information (for example, your IP address may indicate your more general geographic region).
HOW WE USE YOUR INFORMATION
We use the information we collect about and from you for a number of purposes, including: providing, maintaining, and supporting your use of our portable oxygen concentrator, improving our Service, analyzing how you use the Service, and offering you better tailored services and products.
We use your information to communicate with you. For example, we may send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management or customer service.
To the extent permitted under applicable law, we may use the information we collect from and about you for promotional purposes, such as providing you with additional information regarding our products and Service that may be useful, relevant, valuable or otherwise of interest to you.
Compliance with applicable law and our own obligations
We may also process the information we collect about you or from you for the following purposes:
(i) to enforce our Terms of Service or other legal rights, including intellectual property infringement; (ii) as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and (iii) comply with industry standards and our policies.
We may de-identify your information and process it in an anonymous and/or aggregated form for other purposes than described above.
HOW WE MAY DISCLOSE YOUR INFORMATION
We work with third party service providers who provide website development, hosting, maintenance, and support as well as other business services for us. To the extent it is necessary for these service providers to receive your information in order for us to provide the Service; these third parties may have access to or Process your information.
We may disclose the information we collect about you (including your location information) with homecare providers involved in your care.
Analytics and Ad Networks
We use third party analytics vendors to evaluate and provide us with information about your use of the Website and mobile application. We do not share your information with these third parties, but theses analytics service providers may set and access their own cookies, pixel tags and similar technologies and they may otherwise collect or have access to information about you which they may collect over time and across different websites. On our Website and mobile application, we use Google Analytics to collect and process certain analytics data; Google provides some additional privacy options described at www.google.com/policies/ privacy/partners.
We may also allow ad network providers to set and access their own cookies, pixel tags and similar technologies to collect information about your use of the Website. These network advertisers may use this and other information they have collected about you to deliver targeted advertisements for products and services in which you might be interested. If you prefer to not receive targeted advertising, you can opt-out of some network advertising programs that use your information. To do so please visit the Digital Advertising Alliance (DAA) Opt-Out Page: http://www.aboutads.info/choices.
Please note that even if you choose to remove your information (opt-out), you will still see advertisements. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The DAA Opt- Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
As Required by Law and Similar Disclosures
We may disclose information about you: (i) if we are required to do so by law, regulation, or legal process, such as a court order or subpoena; (ii) in response to requests by government agencies, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to protect against or respond to physical, financial or other harm, injury, or loss to property; or (iv) in connection with an investigation of suspected or actual unlawful activity.
Merger, Sale, or Other Asset Transfers
We reserve the right to transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
We may also disclose your information with your permission. In addition, we may share anonymous and aggregated reports with third parties.
YOUR CHOICES AND RIGHTS
features and Service may not work properly. You can opt-out of receiving further promotional messages from us by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at the contact information listed below.
HOW WE HOLD AND PROTECT YOUR INFORMATION
We maintain administrative, technical, and physical safeguards designed to protect the information you provide, or we collect against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. Moreover, we are not responsible for the security of information you transmit to the Service over networks that we do not control, including the Internet and wireless networks.
We do not knowingly collect information online from children under the age of 13. If OxyGo becomes aware that any person submitting information to the Service is under the age of 13, we will promptly take steps to delete any personal information collected. If you become aware that your child or any child under your care has provided us with personal information without your consent, please contact us at the contact information listed below.
YOUR CALIFORNIA PRIVACY RIGHTS
If you reside in California and have provided your information to us, you may request information once per calendar year about our disclosures of certain categories of identifiable information to third parties for their direct marketing purposes. Such requests must be submitted to us in writing at the contact information listed below.
NO ERROR-FREE PERFORMANCE
HOW TO CONTACT US
DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER
Orlando, FL – (December 13, 2019) – OxyGo, a company noted for providing high quality home healthcare oxygen products, announced...