EFFECTIVE AS OF MARCH 16, 2021

Please read these terms and conditions ("Terms of Use") carefully because they set forth the important terms you will need to know about this Website. In these Terms of Use, the terms "you" and "yours" refer to the person using this Website. The terms "we," "our," "us" and "Expedite" collectively refer to Expedite, LLC., a Delaware limited liability company headquartered in California, its parent ResMed Inc., a Delaware corporation, headquartered in California, and their affiliates, organized under the laws of various states and countries and operating in California, the United States or in other jurisdictions.

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

The servers that host this Website are located in the United States, and any personal details you provide us will be processed by Expedite in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy (the "Privacy Policy"). Expedite expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. Expedite makes no representation about any third-party websites that may be accessed via links 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 Expedite with respect to your use of this Website.

 

Purchases

Expedite makes certain products available for purchase through the Website. If you wish to purchase any product or service made available through the Website (each a “Purchase”), you may be asked to supply certain information relevant to your Purchase including your credit card number and expiration date, your billing address, your shipping information, and the prescription information needed to authorize your purchase. All Purchases are subject to Expedite’s Terms of Sale.

Expedite only allows sales to residents of states where we are a licensed provider of Durable Medical Equipment or Home Medical Equipment. We currently allow sales to the following states: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, Washington D.C., West Virginia, Wisconsin, Wyoming.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, sale or attempted purchase by a customer residing in a state where we are not licensed to operate, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Medicare and Medicaid disclaimer

Notice to Medicare and Medicaid Beneficiaries: Medicare and Medicaid will pay for durable medical equipment and supplies only if a supplier has a valid Medicare or Medicaid supplier number and meets all other Medicare and Medicaid enrollment and product coverage requirements. Expedite does not have a Medicare or Medicaid supplier number. Medicare or Medicaid will not pay for any medical equipment and supplies we sell or rent to you. You will be personally and fully responsible for payment and agree not to appeal if Medicare is not billed.

Private insurance disclaimer

Expedite does not accept any insurance. We are a cash-only seller of durable medical equipment. We do not, under any circumstance, bill insurance companies directly and do not make any representation as to whether or not your private insurance company will cover the services or products we provide. You are financially responsible for all products and services purchased on 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.

Medical disclaimers

THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THIS WEBSITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. EXPEDITE DOES NOT GIVE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THIS WEBSITE DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP. EXPEDITE IS NOT PROVIDING MEDICAL ADVICE AND DOES NOT DISCUSS OR ADVISE ON ANY ISSUES RELATING TO MEDICAL TREATMENT OR DIAGNOSIS.

Your reliance upon information and content obtained by you at or through this Website is solely at your own risk. Neither we nor providers of content to us 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 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. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.

As a convenience to you and in order to inform you about access to alternative options for diagnosis and treatment of respiratory and sleep conditions, Expedite may offer links to health care providers with whom you may choose to establish an independent physician-patient relationship (“Providers”). Expedite is not party to these relationships. Providers have no affiliation with Expedite, and Expedite has no control over operational elements such as pricing decisions, physician selection, or licensing/compliance matters. Expedite in no way influences medical directives made by Providers and Providers are in no way compensated financially or otherwise by Expedite for any services or medical directives that Providers provide to you.

All services provided to you by Providers linked through the Website are independent of Expedite, and are subject to the Provider’s terms and conditions. Under no circumstances are Expedite or its affiliates responsible for the services that you receive from a Provider.

Should you choose to engage with any Provider, you should understand the following:

• Any relationship between you and any individual (including any physician or other licensed health care provider) working for a Provider is solely at your discretion.
• Expedite is not a party to any physician-patient relationship that may be established between you and a Provider or any other health care provider.
• Should you rely on services from a Provider, this in no way obligates you to further engage with Expedite or otherwise limit your personal healthcare decisions.
• Any fees that you pay to a Provider are set solely by the Provider. Expedite has no influence whatsoever over the fees charged to you by a Provider.
• Your reliance on the services of a Provider is solely at your own risk and you assume full responsibility for all risks associated with obtaining services from a Provider. Expedite explicitly disclaims all warranties about the services provided by any Provider.

You are in no way obligated to use a Provider linked through the Website in order to engage with Expedite or to purchase products through the Website. Expedite will take direction from any licensed physician with whom you have established a physician-patient relationship.

Intellectual property rights

Ownership

All content, text, images, data, information and other material displayed, available or present on this Website (Content), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (Intellectual Property Rights), are the property of Expedite, its parent, affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything 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 of Use.

Authorized and prohibited uses

You may download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, 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, as indicated. You agree not to infringe on any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.

User content

Except as provided in our website Privacy Policy, any content that you submit to this Website or Expedite, whether directly or through a third-party website (User Content) will be deemed to be non-confidential and may be disclosed through this Website to unknown persons on a worldwide basis without control by Expedite, including for browsing, downloading, printing and other uses by such other persons or entities. You agree that by posting User Content on this Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that Expedite will have, and you grant to Expedite, a worldwide, royalty-free, perpetual, irrevocable, sublicense-able, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Website or Expedite. Expedite does not endorse any User Content, or third-party product or service that may appear on this Website. Nothing in these Terms of Use will obligate Expedite to use any User Content you submit.

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 Expedite has no control or responsibility, as well as translations thereof which Expedite may arrange. Expedite 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 Expedite's control, and you acknowledge that (whether or not such sites are affiliated in any way with Expedite) Expedite 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 Expedite or any association with its operators. PRODUCTS AND SERVICES PROVIDED BY THIRD-PARTIES LINKED THROUGH THE WEBSITE ARE SUBJECT TO SEPARATE TERMS AND CONDITIONS.

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. To the extent that we do require a password and registration details, the details you provide must be correct, current and complete. If Expedite 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.

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). Expedite is not 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 Expedite, 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.

Compliance with the Digital Millennium Copyright Act

Expedite respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances 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 Expedite to locate the Content;
• Information reasonably sufficient to permit Expedite 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 Expedite's Copyright Agent at legal@eshop.resmed.com.

Website administration

Access arrangements and fees

Your use of this Website must be in accordance with any and all procedures, forms, formats, displays and operating times, which may be determined, specified or modified by Expedite in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.

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. Expedite will endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.

Linking

Unless otherwise agreed between you and Expedite, 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 Expedite via email at legal@shop.resmed.com. Moreover, if Expedite deems your linking practices in relation to this Website to be inappropriate, Expedite 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 Expedite relating to such notice.

Access to website

While it is Expedite's objective to make the Website accessible 24 hours per day, 7 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 Expedite, access to the Website may be interrupted, suspended or terminated from time to time. Expedite 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.

Import/export control

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.

Your obligations

Compliance

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 Expedite.

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 Expedite with a virus or other malicious computer program. You will only use this Website for the permitted purposes stated in these Terms of Use, 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 accounts. The use or distribution of tools designed for compromising security (eg, password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Expedite 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 Expedite and will notify Expedite promptly on learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Website.

Warranty disclaimers

THIS WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. EXPEDITE 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. FOR THE AVOIDANCE OF DOUBT, THE DISCLAIMER IN THIS SECTION DOES NOT APPLY TO PRODUCTS PURCHASED THROUGH THE WEBSITE, WHICH ARE INSTEAD GOVERNED BY THE TERMS OF SALE.

Limitations on liability and remedies

EXPEDITE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH EXPEDITE (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. EXPEDITE AND ITS PARENT, AFFILIATES, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH EXPEDITE. 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 EXPEDITE 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, EXPEDITE AND ITS PARENT, AFFILIATES AND VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXPEDITE 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 EXPEDITE WILL BE LIMITED TO, IN THE SOLE DISCRETION OF EXPEDITE, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY EXPEDITE FROM YOU.

Indemnification

You agree to defend, indemnify and hold harmless Expedite and its parent, affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons or Providers resulting from use of this Website.

Miscellaneous

Separate Terms and Conditions

From time to time in connection with your use of or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. 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 of Use regarding any use of this Website, unless otherwise expressly stated.

Privacy Policy

Expedite is concerned about privacy and has developed a privacy policy to address privacy concerns. You can find the current Privacy Policy. 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 this Website or these Terms of Use (including without limitation the Privacy Policy), Expedite 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.

Expedite has no obligation to become involved in any dispute between a user and any other person. Expedite and 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 as selected by Expedite in its sole discretion. The arbitrator's award will be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Expedite is 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 Expedite 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. Expedite will endeavor to post a notice of any changes to these Terms of Use for a period of 30 days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every 30 days. Your continued use of this Website subsequent to Expedite's notice of modification of these Terms of Use will constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use will 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 Expedite 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 will survive termination of any use by you of this Website, any Content on this Website, or these Terms of Use.

Contact information

If you have any questions regarding these Terms of Use or this Website, please contact us by email at legal@eshop.resmed.com.