Effective Date: 1 March 2015
ResMed expressly excludes any representation or warranty, express or implied, with respect to the information available through the Service.
ResMed makes no representation about any third-party websites that may be accessed via links from the Service. Use of such third-party websites may be subject to a third party’s terms and conditions and is at your own risk. ResMed does not control these third-party websites and has no responsibility in connection with any access or use by you of these sites.
By using the Service, 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 the Service.
Disclaimer on Emergency Medical Conditions
DO NOT USE THE SERVICE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, IF WITHIN THE UNITED STATES CALL 911, OR IF WITHIN THE UNITED KINGDOM CALL 999, OR CALL YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
THE CONTENT (AS DEFINED BELOW) AVAILABLE THROUGH THE SERVICE, COMMUNICATED TO YOU DIRECTLY OR INDIRECTLY VIA TEXT, EMAIL, OR OTHER METHOD, 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. RESMED DOES NOT, THROUGH THE SERVICE OR ITS AVAILABLE FUNCTIONS, PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THE SERVICE, AND INFORMATION PROVIDED BY RESMED IN CONNECTION WITH YOUR USE OF THE SERVICE OR RESMED PRODUCTS, DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.
Your reliance upon information and Content obtained by you from ResMed at or through the Service is solely at your own risk, including any such Content you share with a third party healthcare professional.
We do not provide advice to you on any issues relating to medical treatment or diagnosis and the Content and Service is intended solely as a resource and informational tool. Always seek the advice of a physician or other qualified health provider for 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 the Service. We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment or diagnosis.
Intellectual Property Rights Ownership
Authorized and Prohibited Uses
Registration and Passwords
To use our Service, you are required to set up an account (“Account”). When you set up an Account, you are required to enter your name, email address, password (“Password”) and certain other information (e.g., date of birth, contact information, email address, phone number(s), general health and wellness information, weight, height, gender, [credit card information], and medical history). You agree that all information you provide is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it current. You may not transfer or share your Password or Account (collectively, the “Account Information”) with anyone.
You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Password or Account. You agree to immediately notify us upon becoming aware of any unauthorized use of your Account Information. ResMed reserves the right to take any and all action, as it deems necessary, regarding the security of our Service and your Account Information.
We reserve the absolute right not to issue an Account or Password to any person or entity. To use our Service, you must also reside in a jurisdiction in which we offer our Service, and you must be at least 18 years of age.
Any ResMed software that is made available to download from or as part of the Service (“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 utilizing the Service 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 the 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 the termination in appropriate circumstances of users of the Service 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; 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 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
Copyright Agent ResMed Corp.
9001 Spectrum Center Blvd. San Diego, CA 92123 Phone: (877) 389-8868 firstname.lastname@example.org
Access Arrangements and Fees
Your use of the Service 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 the Service. For your information, the App may upload approximately 2MB (two megabytes) of data to the server after recording each sleep session, or approximately 60-80 MB of data transferred each month. You are solely responsible for the cost of transmission based on the charges levied by your wireless provider.
While the S+ Product and App may have fees, at this time, we do not charge a fee to use the 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 the Website (or portions of the Website) at any time without liability.
Payment of any such fees shall be due and payable 30 days from the date of invoice unless otherwise agreed by you and ResMed or unless otherwise required by ResMed. ResMed shall endeavor to issue a general notice on the Website with regard to any imposition of fees or modifications to the Website.
Unless otherwise agreed upon between you and ResMed, no link shall be made to any page of the Website except a direct link to the top page (eg, mysplus.com) without framing. In addition, any link to the 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 the 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 and App
While it is ResMed’s objective to make the Website and App accessible 24 hours per day, 7 days per week, the Website or App 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 or App may be interrupted, suspended or terminated from time to time. ResMed shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, Content, hours of availability and equipment needed for access or use.
You agree not to submit any User Content to the Service 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 the Service.
Unsuitable Content and Conduct
User shall not engage in, conduct or submit to the Service 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
Your Cooperation and Notification
EXCEPT FOR SPECIFIC WARRANTIES OF THE S+ PRODUCTS SET OUT IN THE PRODUCT MATERIALS, THE SERVICE, 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. RESMED DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, FREEDOM FROM COMPUTER VIRUS OR CONTINUED AVAILABILITY. 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
Limitations on Liability and Remedies for customers in the United States
Neither we nor providers of content to us (“Content providers”) 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 or derived through the Service.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE S+ PRODUCT MATERIALS, RESMED’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESMED (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE) IS TO DISCONTINUE YOUR USE OF THE SERVICE. RESMED AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE INFORMATION ON THIS WEBSITE OR THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE S+ PRODUCTS 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 THE SERVICE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS 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 THE SERVICE RECEIVED BY RESMED FROM YOU.
Limitations on Liability and Remedies for customers in Europe and Canada
Third-Party Sites and Other Information
The Service 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 the Service, or third-party websites accessible via links on the 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. Use of such third-party websites may be subject to a third party’s terms and conditions and is at your own risk.
Separate Terms and Conditions
Dispute Resolution; Applicable Law and Forum
ResMed has no obligation to become involved in any dispute between a user and any other person.
For customers in the United States
For customers in Europe and Canada
Note: S+ is not a medical device. If you are seeking information on how to treat a sleep disorder, you should talk to your healthcare provider.