APRIA HEALTHCARE, INC.
ACCEPTANCE OF TERMS; CAPACITY
Customers of Apria may register for an account. As part of the registration process, you will create a username and password. You are responsible for maintaining and promptly updating your account information for accuracy and completeness. You are solely responsible for maintaining the confidentiality and security of, and restricting access to, your account and password. You agree to accept full responsibility for all activities that occur under your account or password, including use of your account by any third party using your username and password. You must notify Apria in a timely manner of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft or unauthorized use or disclosure of your username or password. Apria is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Apria will not be responsible for any loss to you that arise from such use or action or from your failure to comply with these provisions.
ORDER ACCEPTANCE; PAYMENT
Once an order has been placed, it cannot be cancelled. However, you may refuse delivery of your order upon receipt or return your order in accordance with our Return Policy.
SHIPPING AND HANDLING; SALES AND OTHER TAXES
Unless otherwise noted, shipping and handling fees will be charged separately. Sales, use, and similar taxes shall be charged to you by Apria, as required by law.
COMPLIANCE WITH RETURN POLICY
Certain sales of products on this website may be eligible for full or partial refunds. For more information, please refer to our Return Policy.
Although availability may be indicated on this website, Apria cannot guarantee product availability and products may not be available for immediate delivery. Apria reserves the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products, or to cancel any order. If there is any revision, discontinuance or cessation, Apria may, at its discretion, ship products which have substantially similar functionality and specifications to the products ordered, or cancel your order and refund any prior payment that you have made for such products.
INACCURACIES; TYPOGRAPHICAL ERRORS
Apria attempts to be accurate. However, Apria does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. If a product offered by Apria is not as described, your sole remedy is to return it in accordance with our Return Policy. In the event that a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Apria's suppliers, Apria shall have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the transaction and your order is cancelled, Apria shall issue a credit to your credit/debit card account for the amount of the charge.
TITLE AND RISK OF LOSS
Title to any ordered products will pass to you upon your physical receipt of such products, except that title to any software included with the products will remain with the applicable licensor(s). Apria will be responsible for any risk of loss or damage to the product that occurs prior to your receipt of the products.
You have no rights in or relating to this website or any content, data, software, features or services provided on it (collectively, "Apria Site Content"). Except as provided below with respect to Apria Software or as Apria otherwise expressly provides on this website, you may not use, copy, distribute, create derivative works based upon or publicly perform or display any Apria Site Content. If you rightfully download any software from this website, such software, including all files and images contained in or generated by the software, and all accompanying data (collectively, "Apria Software") are licensed to you under the applicable end user license agreement with respect to such Apria Software or, if such Apria Site Software is not accompanied by or otherwise subject to a separate end user license agreement, then Apria hereby grants you a nonexclusive, revocable limited license to the Apria Software for your personal, noncommercial, home use only. Apria does not transfer either the title or the intellectual property rights to the Apria Software, and Apria retains full and complete title to the Apria Software as well as all intellectual property rights therein and all copies thereof. You may not sell, redistribute, reproduce, create derivative works based upon, or publicly perform or display the Apria Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Apria Software to a human-perceivable form or otherwise reverse engineer the Apria Software. All software that is not Apria Software (including, but not limited to, preloaded software included in any device that you purchase or rent at this website) is provided subject to the software's user license agreement, and you acknowledge and agree that you are bound by such agreement.
If you believe any content on this website infringes your copyright, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Apria's designated agent with the following information in writing (see 17 U.S.C. Section 512(c)(3) for further details): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Apria to locate the material; (d) information reasonably sufficient to permit Apria to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the agent designated by Apria to receive and act on copyright violations under the DMCA, as follows:
DMCA Notices, Apria Healthcare Attention: Legal Department 26220 Enterprise Court Lake Forest, CA 92630 (949) 587-0096 (fax) email@example.com
If you believe that any material that we remove based on a notice of infringement under the DMCA is not infringing, you may send a counter-notice containing the following information to Apria's designated agent (see 17 U.S.C. Section 512(g)(3) for further detail): (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Apria may be found, and that you will accept service of process from the person who provided notification under these Terms or Use (that is, the person who alleged that your material infringed any copyright) or an agent of such person.
Apria's policy is to suspend or terminate the account, or the right to access or use this website or any part of this website, of any person who posts infringing material on this website or who provides any fraudulent or inaccurate take-down notice or counter-notice under the DMCA. However, Apria has no obligation to do so.
USER COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users of this website may be permitted to post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content or communication. Apria reserves the right (but not the obligation) to monitor and edit or remove any activity or content, but does not regularly review posted content. If you do post content or submit material, and unless Apria indicates otherwise, you grant Apria a nonexclusive, royalty-free, perpetual and irrevocable right to create derivative works based upon and to use, reproduce, modify, adapt, publish, translate, distribute, and display such content or material or any derivative works based thereon throughout the world by any means and in any media. You grant Apria the right (but not the obligation) to use the name that you submit in connection with such content, and you waive any right and agree not to assert that any such use infringes or violates your right of privacy, right of publicity or other right. You represent and warrant that you own or otherwise control all of the rights to the content and materials that you post; that the content and materials are accurate; that use of the content and materials you supply does not violate this policy or infringe any copyright or other right of any third party and will not cause injury to any person or entity; and that you will indemnify Apria and hold it harmless with respect to all claims, actions, costs, expenses (including reasonable attorneys' fees), loss or damage resulting from content or materials you supply. Apria takes no responsibility and assumes no liability for any content or materials posted by you or any third party.
SITE AVAILABILITY AND SECURITY
At any time and from time to time, all or any portion of this website may not be available or may not function properly. This website may have and may cause technological problems for any reason, including viruses and other malicious or damaging computer programs. Apria disclaims liability for any interception of data or communications. Apria does not guarantee the security of this website. Apria is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of this website or for any defects, delays or errors in or resulting from your use of this website.
When you visit this website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically unless you opt out from receiving such communications. We will communicate with you by email or by posting notices to this website. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CONSENTS, CHANGES, AND APPLICABLE LAW
INTERSTATE NATURE OF COMMUNICATIONS ON WEBSITE
When you use this website, you acknowledge that in using this website to send electronic communications (including but not limited to email, search queries and other Internet activities), you will be causing communications to be sent through computer networks, portions of which are located in various locations in the United States. As a result, and also as a result of this website's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you acknowledge that use of the service results in interstate data transmissions which may transit through the State of California.
We control this website from our offices within the United States for use only for sales and deliveries within the United States. We make no representation that the content on this website is appropriate or that access to such content is lawful in all jurisdictions. Those who access this website from outside of the United States are responsible for compliance with applicable laws in jurisdictions from which this site is accessed. By visiting this website and providing us with data, you acknowledge and agree that we may use the data collected in the course of our relationship for the purposes identified in this policy or in our other communications with you, including the transmission of information outside your resident jurisdiction. In addition, such data may be stored on servers located in the United States. By providing us with your data, you consent to the transfer of such data and storage of such data within the United States, and you waive any rights to control or maintain the integrity of such data afforded by national laws or international treaties. You agree not to provide data at this website or take any other action which is prohibited or restricted by laws of jurisdictions outside of the United States to which you are subject.
AFFILIATED AND THIRD PARTY SITES
Apria has no obligations or liabilities relating to any third party websites or materials. If you access any third party website through this website or otherwise, you do so at your own risk, even if you use a hyperlink that Apria supplies or otherwise learn of the website from Apria or through this website. Apria works with a number of partners and affiliates to whose Internet sites this website hyperlink. Hyperlinks to or from this website are for the user's convenience only. Apria's inclusion of hyperlinks to an Internet site or providing information or recommendations relating to an Internet site does not, and should be construed to, mean that Apria endorses or sponsors or is affiliated with that Internet site. Apria makes no guarantees about the accuracy, currency, content, or quality of the information provided by third party Internet sites, including any partner or affiliate Internet sites, and Apria assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those Internet sites. Similarly, from time to time in connection with your use of this website, you may have access to content or materials that are owned or supplied by third parties. You acknowledge and agree that Apria makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content or materials.
MONITORING AND REPORTING
CAUTIONARY LANGUAGE REGARDING FORWARD-LOOKING STATEMENTS
This website may contain estimates, projections or other statements that are forward-looking in nature ("Forward-Looking Statements"). Any Forward-Looking Statements are inherently speculative and subject to numerous risks and uncertainties. Actual results and performance may be significantly different from historical experience and present expectations or projections. Apria undertakes no obligation to publicly update or revise any Forward-Looking Statements.
SUSPENSION OR TERMINATION OF USAGE
NO THIRD-PARTY BENEFICIARIES
DISCLAIMER AND LIMITATION OF LIABILITY
APRIA MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY ABOUT THE COMPLETENESS, CORRECTNESS, RELIABILITY OR ACCURACY OF THE INFORMATION CONTAINED HEREIN. THIS WEBSITE, INCLUDING ALL INFORMATION CONTAINED HEREIN, AND ALL SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS CONTAINED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS WEBSITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE"WITHOUT ANY GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT OF ANY WRITTEN WARRANTY THAT APRIA PROVIDES TO YOU WITH RESPECT TO ANY PRODUCT OR SERVICE THAT YOU PURCHASE OR RENT AT THIS WEBSITE. EXCEPT WITH RESPECT TO SUCH WRITTEN WARRANTIES, APRIA HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE AND ITS CONTENTS, OPERATION AND SECURITY AND THE INFORMATION, SERVICES, PRODUCTS (INCLUDING SOFTWARE) AND MATERIALS PROVIDED HEREIN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DURATION OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO NINETY (90) DAYS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
APRIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OR FOR PURCHASE OR RENT AT THIS SITE; THE SERVER ON WHICH THIS WEBSITE IS LOCATED; OR EMAIL SENT FROM APRIA ARE FREE, OR WILL BE FREE, OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IF FOR ANY REASON YOU DO RECEIVE ANY WARRANTY FROM APRIA REGARDING ANY PRODUCT THAT YOU PURCHASE OR RENT AT THIS WEBSITE, YOU SHALL PROMPTLY REPORT ANY BREACH OF THAT WARRANTY TO APRIA. IF YOU REPORT THE BREACH DURING THE APPLICABLE WARRANTY PERIOD AND APRIA CONFIRMS THAT BREACH, APRIA WILL, AT ITS OPTION, EITHER REPAIR THE PRODUCT, REPLACE IT, OR ALLOW YOU TO RETURN IT FOR A FULL REFUND. YOU WILL PAY TO SHIP ANY PRODUCT TO APRIA IN CONNECTION WITH ANY BREACH OF WARRANTY CLAIM AND APRIA WILL PAY TO SHIP SUCH PRODUCT BACK TO YOU. THE REMEDIES IN THIS PARAGRAPH ARE APRIA'S ONLY LIABILITY OR OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY BREACH OF WARRANTY RELATING TO ANY PRODUCT THAT YOU PURCHASE OR RENT AT THIS WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE AND LIABILITY ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES PURCHASED OR RENTED AT THIS WEBSITE, EXCEPT DAMAGE AND LIABILITY RESULTING FROM APRIA'S NEGLIGENCE OR A DEFECT IN THE ITEM. APRIA'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU IN CONNECTION WITH ANY CLAIM THAT RELATES TO ANY PRODUCTS OR SERVICES THAT YOU PURCHASE OR RENT AT THIS WEBSITE SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF OR RENTAL AMOUNTS PAID FOR, AS APPLICABLE, THE PRODUCTS OR SERVICES ORDERED BY YOU THAT ARE THE SUBJECT OF THE CLAIM.
IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) SHALL APRIA OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FOR ANY GOODS OR SERVICES OBTAINED ON THIS WEBSITE, EVEN IF SUCH ENTITY HAS BEEN ADVISED OR OTHERWISE KNOWS OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NO MEDICAL ADVICE
NOTICE TO MEDICARE BENEFICIARIES AND PATIENTS WITH OTHER INSURANCE COVERAGE SEEKING TO PLACE ORDERS THROUGH APRIADIRECT.COM
Medicare, insurance companies and other payors may not pay for many of the items offered for purchase through this website and you will have to pay for those items out of your own pocket. If you believe that an item on this website may be reimbursable through your insurance policy or coverage, please contact your insurance company, contact your local Apria branch or call us at (800) 277-4288.
Last updated May 31, 2011