Section 1
Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products or the Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your access to the Service.
Section 2 — Important
Medical Disclaimer
The content on this website is provided for general informational purposes only and is not medical advice. Nothing on this site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions regarding a medical condition, your respiratory therapy, or the suitability of any equipment for your needs. Never disregard professional medical advice or delay seeking it because of something you have read on this website.
If you are experiencing a medical emergency, including difficulty breathing, call 911 immediately. Do not rely on this website, our online store, or electronic communications with us in an emergency.
Product descriptions, specifications, and educational content are not a guarantee that any product is appropriate for your individual medical needs. Equipment selection, settings, and use should be directed by your prescribing physician.
Section 3
Prescription-Required Products
Certain products we sell, including oxygen concentrators and other respiratory equipment, are restricted by federal law to sale by or on the order of a physician (prescription-only devices). For these products:
- Your order is an offer to purchase and is not accepted until we have received and verified a valid prescription from a licensed health care provider.
- We may contact you or your prescriber to obtain or verify the prescription. You agree to cooperate and authorize us to communicate with your prescriber for this purpose.
- We reserve the right to cancel and refund any order if a valid prescription is not received or verified within a reasonable time, or if the prescription does not match the ordered product.
- Prescription-required products may not be resold or transferred to another person.
Section 4
Online Purchases, Insurance, and Medicare
Purchases made through our online store are retail cash transactions. Unless we expressly agree otherwise in writing:
- We do not bill Medicare, Medi-Cal, or any commercial insurance plan for purchases made through the online store, and online purchases are not made on assignment.
- We make no representation that any online purchase is eligible for reimbursement by Medicare or any insurer, and you are solely responsible for any claim you choose to submit.
- Online retail prices are not a statement of, and may differ from, amounts billed to or allowed by any insurer or government program.
If you would like to explore insurance-covered equipment options, contact us at (800) 977-3002 and we will assist you through our standard intake process, which is separate from the online store.
Section 5
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the Service is provided, without express written permission by us.
Headings in this agreement are for convenience only and will not limit or otherwise affect these Terms.
Section 6
Accuracy, Completeness and Timeliness of Information
We are not responsible if information on this site is not accurate, complete or current. Material is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance is at your own risk.
This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify contents at any time, but have no obligation to update information. You agree it is your responsibility to monitor changes to our site.
Section 7
Modifications to the Service and Prices
Prices for products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance.
Section 8
Products and Services
Certain products or services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display colors and images as accurately as possible. We cannot guarantee your monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit sales to any person, geographic region or jurisdiction on a case-by-case basis; to limit quantities; to change descriptions or pricing at any time; and to discontinue any product at any time. Any offer is void where prohibited.
Section 9
Accuracy of Billing and Account Information
We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, household or order — including orders by the same account, same credit card, and/or same billing/shipping address. If we change or cancel an order, we may attempt to notify you at the e-mail and/or billing address/phone provided at the time of order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases, and to promptly update your account, email, and payment information so we can complete transactions and contact you as needed. For more detail, please review our Returns Policy.
Section 10
Optional Tools
We may provide access to third-party tools over which we neither monitor nor have control or input. Access is provided “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement. We have no liability arising from your use of optional third-party tools.
Your use of optional tools is entirely at your own risk and discretion; ensure you are familiar with and approve the terms of the relevant third-party provider(s). Any new services/features offered in the future are also subject to these Terms.
Section 11
Third-Party Links
Certain content, products and services may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy, and we do not warrant and will not have liability for any third-party materials, websites, or other third-party products or services.
We are not liable for harm or damages related to purchase or use of goods, services, resources, content, or other transactions with third-party websites. Review the third party’s policies before transacting. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 12
User Comments, Feedback and Other Submissions
If at our request you send specific submissions (for example, contest entries) or, without request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, “comments”), you agree we may, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation (1) to maintain comments in confidence; (2) to pay compensation; or (3) to respond.
We may, but have no obligation to, monitor, edit or remove content we determine is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates intellectual property or these Terms.
You agree comments will not violate rights of any third party (copyright, trademark, privacy, personality, proprietary), will not contain libelous or otherwise unlawful, abusive or obscene material, or contain viruses or malware that could affect operation of the Service. You may not use a false e-mail address, impersonate, or mislead as to origin. You are solely responsible for comments and their accuracy; we take no responsibility and assume no liability for comments posted by you or any third party.
Section 13
Personal Information
Your submission of personal information through the Service is governed by our Privacy Policy. Health information we maintain about you as a patient is additionally governed by our Notice of Privacy Practices. If you opt in to text messages, our SMS Messaging Terms apply.
Section 14
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information, including pricing, except as required by law. No specified update or refresh date should be taken to indicate all information has been modified or updated.
Section 15
Prohibited Uses
In addition to other prohibitions, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in unlawful acts;
- to violate international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information, including false prescription or insurance information;
- to upload or transmit viruses or malicious code that will or may affect functionality or operation of the Service or any related or other websites or the Internet;
- to collect or track personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent security features of the Service or any related or other websites or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
Section 16
Intellectual Property
The Service and all content — including text, graphics, logos, images, product descriptions, and software — are the property of Diamond Respiratory Care, Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our name, logos, or trademarks without prior written permission.
Section 17
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant results obtained from the Service will be accurate or reliable. We may remove the Service for indefinite periods or cancel at any time without notice.
You expressly agree your use of, or inability to use, the Service is at your sole risk. The Service and all products/services delivered through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without representation, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, to the maximum extent permitted by applicable law.
In no case shall Diamond Respiratory Care, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any Service or any products procured using the Service, or for any other claim related to your use of the Service or any product, including errors or omissions in content, or loss/damage incurred as result of use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of possibility. Because some states/jurisdictions do not allow exclusion or limitation of liability for consequential/incidental damages, in such states/jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 18
Indemnification
You agree to indemnify, defend and hold harmless Diamond Respiratory Care, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or documents they incorporate by reference, or your violation of any law or rights of a third party.
Section 19
Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed; such determination shall not affect validity and enforceability of any other remaining provisions.
Section 20
Termination
Obligations and liabilities incurred prior to termination shall survive termination for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate at any time by notifying us you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect you have failed, to comply with any term or provision, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 21
Entire Agreement
Failure to exercise or enforce any right or provision shall not constitute waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).
Any ambiguities in interpretation shall not be construed against the drafting party.
Section 22
Governing Law and Venue
These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions. Except where prohibited by applicable law, you agree any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Riverside County, California, and you consent to personal jurisdiction of those courts.
Discuss with counsel: a binding-arbitration clause with a class-action waiver could go here. It’s a business decision with real trade-offs in California (consumer arbitration fee rules, PAGA carve-outs), so it’s left out rather than guessed. The venue clause above stands on its own either way.
Section 23
Notice for California Users
Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Service is provided by Diamond Respiratory Care, Inc., 1403 Palmyrita Ave, Riverside, CA 92507. To file a complaint regarding the Service or to receive further information, contact us at the address above, by phone at (800) 977-3002, or by email at customerservice@diamondrx.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Section 24
Changes to Terms of Service
You can review the most current version at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following posting of any changes constitutes acceptance of those changes.
Section 25
Contact Information
Questions about these Terms should be sent to us at:
Diamond Respiratory Care, Inc.
1403 Palmyrita Ave, Riverside, CA 92507
Phone (800) 977-3002 · Fax 800-438-2048
Email customerservice@diamondrx.com