Terms of Use

The websites (ApriaDirect.com and ApriaHome.com; collectively, the “Website”) on which these terms and conditions (“Terms of Use”) appear are owned and operated by Apria Healthcare LLC, a Delaware corporation, of which ApriaDirect and ApriaHome are divisions. In these Terms of Use, (i) the terms “ApriaDirect/ApriaHome,” we,” “our,” or “us” refer to ApriaDirect and ApriaHome (collectively), and (ii) the terms “you” and “your” refer to the person using this Website and any persons that allow others to provide information about themselves to ApriaDirect/ApriaHome. The Website may provide information, documents, tools, products, services, accounts, offers, suggestions on the best way to use our products, and/or information on where to purchase our products (collectively, “Products”).

 

THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND APRIADIRECT/APRIAHOME. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS OF USE. YOUR ACCESS TO AND USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS OF USE AND ALL APPLICABLE LAWS, AND APRIADIRECT/APRIAHOME RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO THE WEBSITE IF YOU VIOLATE THESE TERMS OF USE. BY USING THIS WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS OF USE. BY CLICKING ON LINKS WITHIN THE WEBSITE OR WEBPAGES BEYOND THE WEBSITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH APRIADIRECT/APRIAHOME AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE, ANY PRODUCTS AVAILABLE THROUGH THIS WEBSITE, OR ANY INFORMATION CONTAINED ON THIS WEBSITE.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms of Use contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and ApriaDirect/ApriaHome regarding your use of the Website or Products will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in Court. For more details, see below.

ApriaDirect/ApriaHome may make changes to the content available on the Website at any time. ApriaDirect/ApriaHome can change, update, add, or remove provisions of these Terms of Use at any time by posting the updated Terms of Use on the Website. ApriaDirect/ApriaHome make commercially reasonable efforts to notify you of any material changes to these Terms; however, it is not obligated to do so. You waive any right you may have to receive specific notice of such changes to these Terms of Use except for changes to our agreement to arbitration, which is discussed more fully below. Your continued use of this Website subsequent to ApriaDirect/ApriaHome’s modification of these Terms of Use will constitute your agreement to and acceptance of the then-current Terms of Use. You are responsible for regularly reviewing these Terms of Use.

If you or your representative have signed a Sales, Service and Rental Agreement with Apria Healthcare LLC, that document will cover the products and services you received pursuant to it and your relationship generally with ApriaDirect/ApriaHome and these Terms of Use will apply only to your use of the Website and any products and services purchased or rented on it.

ApriaDirect/ApriaHome will only accept orders for shipment to addresses within the United States.Payment must be made by a U.S.-issued credit/debit card or some other pre-arranged method of payment acceptable to ApriaDirect/ApriaHome.

ApriaDirect/ApriaHome reserves the right to accept or decline your order or limit the order quantity for any reason.

If ApriaDirect/ApriaHome limits the order quantity, you will be notified and have the right to cancel your order. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and ApriaDirect/ApriaHome will not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. ApriaDirect/ApriaHome may require, atApriaDirect/ApriaHome’soption, that any order placed over a certain dollar amount receiveApriaDirect/ApriaHome’spre-approval. ApriaDirect/ApriaHome may also require additional verification or information before accepting any order. An order is deemed accepted uponApriaDirect/ApriaHome’sshipment of the products ordered, and ApriaDirect/ApriaHome will charge your credit/debit card upon such shipment.

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 the ApriaDirect Return Policy or the ApriaHome Return Policy, as applicable.

Unless otherwise noted, shipping and handling fees are not included in the displayed price and will be added as part of your final purchase price. Sales, use, and similar taxes will be charged to you as required by law.

In connection with returns of products purchased or rented at the Website, you agree to comply with and be bound by ApriaDirect’s  Return Policy, or ApriaHome’s Return Policy, as applicable, which is incorporated herein by reference and made part of these Terms of Use. ApriaDirect and ApriaHome each reserve the right not to process any return that does not comply with its respective return policy.

Certain sales of Products on the Website may be eligible for full or partial refunds. For more information, please refer to ApriaDirect’s Return Policy or ApriaHome’s Return Policy, as may be applicable.

Although we attempt to accurately reflect product availability on the Website, ApriaDirect/ApriaHome cannot guarantee product availability and products may not be available for immediate delivery. ApriaDirect/Apria Home 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, ApriaDirect/ApriaHome may, at its discretion, ship Products which have substantially similar functionality and specifications to the Productsordered, orcancel your order and refund any prior payment that you have made for such Products. If ApriaDirect/ApriaHome substitutes a similar Product for the one you ordered, you will be notified and have the right to cancel your order.

Title to any ordered Product will pass to you upon delivery of the Product to the designated carrier, except that title to any software included with the Product will remain with the applicable licensor(s). ApriaDirect/ApriaHome will only be responsible for risk of loss or damage to the Product that occurs prior to delivery of the Product to the designated carrier. ApriaDirect/ApriaHome does not assume title of any returned Product until received by us.

DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

THE CONTENT (AS DEFINED BELOW) AVAILABLE ON OR THROUGH THIS WEBSITE IS MADE AVAILABLE SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTHCARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. APRIADIRECT/APRIAHOME 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.  NONE OF THE INFORMATION ON THE WEBSITE REPRESENTS OR WARRANTS THAT ANY PARTICULAR PRODUCT, DRUG, THERAPY OR OTHER TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. 

ApriaDirect/ApriaHome does not warrant the accuracy, completeness, or usefulness of any Content. Your reliance upon Content is strictly and 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. ApriaDirect/ApriaHome disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its Content.

ApriaDirect/ApriaHome is not a healthcare provider. The Content on the Website is designed to support, not replace or intervene in, the relationship that exists between you and your healthcare provider. While the Website may provide access to certain general information regarding sleep disordered breathing and sleep wellness, the Website cannot and is not intended to provide medical advice. 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. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. 

This Website may include Content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Notice to Medicare and Medicaid Beneficiaries.  Medicare and Medicaid will pay for medical equipment and supplies only if a supplier has a Medicare or Medicaid supplier number.  ApriaDirect/ApriaHome 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.

ApriaDirect/ApriaHome is a cash-only seller of durable medical equipment products and supplies.  We do not, under any circumstance, bill insurance companies directly and do not make any representation as to whether or notyour private insurance company will cover the Products we provide. You are financially responsible for all Products purchased on this Website.  ApriaDirect/ApriaHome does accept funds from Health Savings Accounts and Flexible Spending Accounts

As ApriaDirect/ApriaHome is a cash-only seller of durable medical equipment products and supplies, we are not considered a covered entity, as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), and are therefore not required to comply with HIPAA rules.  We do take your privacy very seriously and have taken measures to protect your personal information on ourWebsite.  For more information, please see our Privacy Policy here or email us at support@apria.com.

By using the Website and/or the Products, you consent to receiving electronic communications, including electronic notices, from ApriaDirect/ApriaHome. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Content. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Ownership:

All content, text, images, data, information and other material displayed, available or present on or through this Website (collectively, the “Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of ApriaDirect/ApriaHome, its 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 of the Content:

Subject to these Terms of Use, we hereby grant to you a revocable, limited, personal, non-exclusive, and non-transferable license to use, view, print, display, and download the Content for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Website solely for your personal use. Except for the foregoing license and as otherwise required or limited by applicable law, you have no other rights in the Website or any Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Website or Content in any manner or for any purpose that would constitute infringement of our, our licensors’, or the Website’s other user’s intellectual property rights. All rights not expressly granted herein are reserved.

If you breach any of these Terms of Use, the above license will terminate automatically and you must immediately destroy any downloaded or printed Content.

Your Communications to the Website:

By forwarding any content or communications to us through the Website or by other electronic means, you thereby grant us a perpetual, royalty-free, fully paid-up, world-wide, irrevocable, non‑exclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section, including all the rights necessary for you to submit the content and communications and grant the license above.

User Content:

The Website may contain comment and/or review sections, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Website.

All User Content must comply with the User Content Standards set out in these Terms of Use.

Any User Content that you post or submit to this Website or ApriaDirect/ApriaHome, whether directly or through a third-party website, will be deemed to be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:

• You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Content does and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website. ApriaDirect/ApriaHome does not endorse any User Content, or third-party product or service that may appear on this Website. Nothing in these Terms of Use shall obligate ApriaDirect/ApriaHome to use any User Content you submit or permit the posting of such User Content on this Website.

Registrations 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, it is a condition of your use of the Website that all the information and details you provide on the Website is correct, current and complete, and that you have the authority to provide such information to us. If ApriaDirect/ApriaHome 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 username, password(s), or any other piece of information as part of our security procedures that you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You shall bear the entire risk for any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use your computer or mobile device, login information or any other means to access the Services, you will be held responsible for any transactions they undertake, and ApriaDirect/ApriaHome shall not be liable for any loss or damages resulting to you. You may be held liable for any losses incurred by ApriaDirect/ApriaHome, 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 access to or use of your username or password(s) or any other breach of security. You also agree to ensure that you sign out of or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the absolute right not to issue a password to any person or entity.

We also have the right to disable any username, password, or other identifier, whether chosen by you or provided by ApriaDirect/ApriaHome, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Software Downloads:

Any ApriaDirect/ApriaHome software that is made available to download from this Website (“Software”) is the copyrighted work of ApriaDirect/ApriaHome 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 visiting this Website from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce. Copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

Restricted Rights:

The information that is downloaded from this 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:

ApriaDirect/ApriaHome 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 ApriaDirect/ApriaHome to locate the Content;
• Information reasonably sufficient to permit ApriaDirect/ApriaHome 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 made under penalty of perjury that the information in the notification is accurate and 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 ApriaDirect/ApriaHome at:

ApriaDirect/ApriaHome

Attention:  Legal Department, Copyright Agent (DMCA NOTICE)

U.S. Mail:  7353 Company Drive, Indianapolis, IN  46237

Email:  agreements@apria.com

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 ApriaDirect/ApriaHome in its discretion.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

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. Payment of any such fees will be due and payable 30 days from the date of invoice unless otherwise agreed by you and ApriaDirect/ApriaHome or unless otherwise required by ApriaDirect/ApriaHome. ApriaDirect/ApriaHome will endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.

Linking to the Website:

Unless otherwise agreed to in writing between you and ApriaDirect/ApriaHome, no link shall be made to any page of this Website. In such cases, any link to this Website must (i) be immediately followed by notice to ApriaDirect/ApriaHome via email at  support@apria.com, (ii) not damage or take advantage of our reputation, or (iii) not suggest any form of association, approval, or endorsement on our part without our express written consent. Moreover, in such cases, if ApriaDirect/ApriaHome deems your linking practices in relation to this Website to be inappropriate, ApriaDirect/ApriaHome 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 ApriaDirect/ApriaHome relating to such notice immediately. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the User Content Standards set out in these Terms of Use.

Notwithstanding the foregoing, ApriaDirect/ApriaHome reserves the right to withdraw any linking permission(s) without notice, and ApriaDirect/ApriaHome may disable all or any links at any time in its sole discretion and without notice.

Access to Website:

While it is ApriaDirect/ApriaHome’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 ApriaDirect/ApriaHome, access to the Website may be interrupted, suspended or terminated from time to time. ApriaDirect/ApriaHome shall have the right at any time in its sole discretion and without notice to change or discontinue any aspect or feature of the Website, including, but not limited to, any Products or Content, hours of availability and equipment needed for access or use. ApriaDirect/ApriaHome will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

From time to time, in its sole discretion and without notice, ApriaDirect/ApriaHome may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

ApriaDirect/ApriaHome disclaims liability for any interception of data or communications. ApriaDirect/ApriaHome does not guarantee the security of the Website.

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.

Permitted Uses and Compliance:

By accessing or using the Website, you agree that:

• Your use of the Website is subject to and governed by these Terms of Use;
• You will only access or use the Website and transact business with us if you are at least eighteen (18) years old;
• You will use the Website solely for its Products offered in the normal course of business;
• You will always act in accordance with the law and custom, and in good faith;
• You will comply with and be bound by these Terms of Use as they appear on the Website each time you access and use the Website;
• Each use of the Website by you indicates and confirms your agreement to be bound by these Terms of Use; and
• These Terms of Use are a legally binding agreement between you and us that will be enforceable against you.

You further agree to not use the Website in any way that:

• Changes or alters the Website or Content or Products that may appear on the Website;
• Impairs in any way the integrity or operation of the Website;
• Interferes with or induces a breach of the contractual relationships between us and our employees;
• Is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
• Transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited email and commercial communications;
• Transmits any harmful or disabling computer codes or viruses;
• Harvests email addresses from the Website;
• Transmits unsolicited email to the Website or to anyone whose email address includes the domain name of the Website;
• Interferes with our network services;
• Attempts to gain unauthorized access to our network services;
• Suggests an express or implied affiliation or relationship with us without our express written permission;
• Impairs or limits our ability to operate the Website or any other person’s ability to access and use the Website;
• Unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
• Transmits or uploads violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
• Dilutes or depreciates our or any of our affiliates’ name and reputation;
• Transmits or uploads content or images that infringe upon any third party’s intellectual property rights or right to privacy; or
• Unlawfully transmits or uploads any confidential, proprietary or trade secret information.

We have no obligation, but maintain the right, to monitor the Website. This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this Website (or the Content) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Website or to any other user of this Website and/or Content. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Website, to protect us and/or our Website users, or for any other purpose that the law permits.

Your Cooperation and Notification:

You agree to cooperate with all reasonable requests of ApriaDirect/ApriaHome and will notify ApriaDirect/ApriaHome promptly on learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Website.

We have the right to:

·      Remove or refuse to post any User Content for any or no reason in our sole discretion.

·      Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for us.

·      Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

·      Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.

·      Terminate or suspend your access to all or part of the Website for any reason, including any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Website, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

These content standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

·      Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·      Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·      Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·      Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

·      Be likely to deceive any person.

·      Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·      Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·      Impersonate any person or misrepresent your identity or affiliation with any person or organization.

·      Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·      Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Your use of this Website is at your own risk. The Content has not been verified or authenticated in whole or in part by ApriaDirect/ApriaHome, and such Content may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Content contained on this Website. We have no liability for any errors or omissions in the Content, whether provided by us, our licensors or suppliers or other users.

·      TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE WEBSITE, THE INFORMATION AND PRODUCTS OFFERED ON OR THROUGH THE WEBSITE AND ANY REFERENCED THIRD-PARTY SITES (DEFINED BELOW) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICES PROVIDED ARE SUPPLIED AS A CONVENIENCE TO YOU AND DO NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, APRIADIRECT/APRIAHOME DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

·      TO THE FULLEST EXTENT ALLOWED BY LAW, APRIADIRECT/APRIAHOME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, ITS CONTENT, HARDWARE, SOFTWARE, LINKS OR OTHER POSTED MATERIALS ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

·      BY PROVIDING THE PRODUCTS ON THE WEBSITE, APRIADIRECT/APRIAHOME DOES NOT IN ANY WAY PROMISE THAT THE PRODUCTS WILL REMAIN AVAILABLE TO YOU. APRIADIRECT/APRIAHOME IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE WEBSITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

·      EXCEPT WITH RESPECT TO ANY WRITTEN WARRANTY THAT APRIADIRECT/APRIAHOME PROVIDES TO YOU WITH RESPECT TO ANY PRODUCT OR SERVICE THAT YOU PURCHASE OR RENT AT THE SITE, APRIADIRECT/APRIAHOME HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, ALL GUARANTEES, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INFORMATION, 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.

·      IF FOR ANY REASON YOU DO RECEIVE ANY WARRANTY FROM APRIADIRECT/APRIAHOME REGARDING ANY PRODUCT THAT YOU PURCHASE OR RENT AT THE SITE (“APRIADIRECT/APRIAHOME WARRANTY”), YOU WILL PROMPTLY REPORT ANY BREACH OF THAT APRIADIRECT/APRIAHOME WARRANTY TO APRIADIRECT/APRIAHOME. IF YOU REPORT THE BREACH DURING THE APPLICABLE APRIADIRECT/APRIAHOME WARRANTY PERIOD AND APRIADIRECT/APRIAHOME CONFIRMS THAT BREACH, APRIADIRECT/APRIAHOME 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 APRIADIRECT/APRIAHOME IN CONNECTION WITH ANY BREACH OF APRIADIRECT/APRIAHOME WARRANTY CLAIM AND APRIADIRECT/APRIAHOME WILL PAY TO SHIP SUCH PRODUCT BACK TO YOU. THE REMEDIES IN THIS PARAGRAPH ARE APRIADIRECT/APRIAHOME’S ONLY LIABILITY OR OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY BREACH OF APRIADIRECT/APRIAHOME WARRANTY RELATING TO ANY PRODUCT THAT YOU PURCHASE OR RENT AT THE SITE. FOR ALL OTHER WARRANTIES NOT OFFERED BY APRIADIRECT/APRIAHOME, YOU MUST CONTACT THE MANUFACTURER TO FILE A WARRANTY CLAIM.

·      WE cannot guarantee the webSite will be available one hundred percent (100%) of the time Because public networks, such as the internet, occasionally experience disruptions. Although WE STRIVE to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the webSite are unavoidable and WE DISCLAIM any liability for damages resulting from such problems.

·      NOTWITHSTANDING THE FOREGOING, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE WEBSITE AND ANY CONTENT OR PRODUCTS OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF 1) THE PRICE OF THE PRODUCTS OR SERVICES PURCHASED BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY OR 2) FIFTY DOLLARS ($50).

·      IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE webSite, OR ON ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

·      YOU ARE SOLELY RESPONSIBLE FOR ALL DAMAGE AND LIABILITY ARISING OUT OF THE USE OF THE PRODUCTS AND SERVICES PURCHASED OR RENTED AT THE SITE. IN NO EVENT (EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW) WILL APRIADIRECT/APRIAHOME OR ITS AFFILIATES, SUPPLIERS OR VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY SITE INFORMATION, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FOR ANY GOODS OR SERVICES OBTAINED ON THE SITE, 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.

THE PROVISIONS OF THESE TERMS OF USE THAT LIMIT LIABILITY, DISCLAIM WARRANTIES, OR EXCLUDE DAMAGES OR OTHER REMEDIES ARE ESSENTIAL TERMS OF THESE TERMS OF USE THAT ARE FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF RISK. ACCORDINGLY, THOSE PROVISIONS WILL BE INDEPENDENT OF ANY OTHER PROVISIONS AND WILL BE ENFORCED REGARDLESS OF ANY BREACH OR OTHER OCCURRENCE RELATING TO THESE TERMS OF USE, THE SITE OR ANY SITE INFORMATION.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS OF CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES WILL REMAIN FULLY VALID, EFFECTIVE, AND ENFORCEABLE IN ACCORDANCE WITH THEIR RESPECTIVE TERMS, EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THESE TERMS OF USE TO FAIL OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold harmless ApriaDirect/ApriaHome and, to the extent applicable, its subsidiaries and affiliates, and each of their andApriaDirect/ApriaHome’srespective officers, directors, shareholders, employees, agents, representatives, clients, contractors, and third-party service providers, from any and all losses, actions, demands, claims, damages, liabilities, fines, penalties, harms, and expenses(including reasonable legal fees) that may arise in connection with any of your acts through the use of this Website. Such acts mayinclude, butare not limited to: (i) providing User Content to or communicating with us or, to the extent applicable, our subsidiaries or affiliates; (ii) unauthorized use of Content obtained through the Website; (iii) engaging in a prohibited activity; or (iv) any other action that breaches these Terms of Use. ApriaDirect/ApriaHome reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

You acknowledge that ApriaDirect/ApriaHome may be irreparably damaged if these Terms of Use are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms of Use by you, ApriaDirect/ApriaHome shall be entitled, without prejudice to any other rights and remedies that may be sought under the mandatory arbitration provision of these Terms of Use, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms of Use. For purposes of this Section, you agree that any action or proceeding with regard tosuch injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in California. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may beeffectedon such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

This Website may link to other websites that are not controlled or operated by us (collectively, “Third-Party Sites”). Certain areas of the Website may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Website to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Website. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than us, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Website to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

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.

We control the 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 the Website is appropriate or that access to such content is lawful in all jurisdictions. Those who access the Website from outside of the United States are responsible for compliance with applicable laws in jurisdictions from which this site is accessed. By visiting the Website and providing us with data, you acknowledge and agree that we may use the data collectedin the course ofour relationship for the purposes identified in these Terms of Use 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 agree that the laws of the United States shall govern this transfer andApriaDirect/ApriaHome’suse, sharing, storage, and securityof such data.You agree not to provide data at the 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. ResMed products can only be sold to end users residing in the U.S. and not to other 3rd parties or businesses.

IN PROVIDING YOUR TELEPHONE NUMBER TO APRIADIRECT/APRIAHOME ON THE WEBSITE, YOU AGREE AND CONSENT TO APRIADIRECT/APRIAHOME CONTACTING YOU ON THAT TELEPHONE NUMBER FOR ANY PURPOSE (INCLUDING SALES, MARKETING, PROMOTIONAL OFFERS, CUSTOMER CARE, AND/OR COLLECTIONS). YOU FURTHER AUTHORIZE APRIADIRECT/APRIAHOME AND ITS REPRESENTATIVES AND AGENTS TO USE ANY CELLULAR OR OTHER TELEPHONE NUMBER AND/OR EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT OR OTHERWISE PROVIDED, DIRECTLY OR INDIRECTLY, TO APRIADIRECT/APRIAHOME OR ITS REPRESENTATIVES OR AGENTS, AND, IN CONNECTION WITH SUCH CALLS, TO USE PRE-RECORDED/ARTIFICIAL VOICE MESSAGES AND/OR AUTOMATIC DIALING DEVICES. YOU UNDERSTAND AND AGREE THAT ANY TELEPHONE CALLS BETWEEN YOU AND APRIADIRECT/APRIAHOME (INCLUDING ANY APRIADIRECT/APRIAHOME REPRESENTATIVES OR AGENTS) MAY BE MONITORED OR RECORDED BY APRIADIRECT/APRIAHOME OR ITS REPRESENTATIVES OR AGENTS.

ApriaDirect/ApriaHome is concerned about privacy and has developed a policy to address privacyconcerns. You can find the current Privacy Policy here. Although it is not part of these Terms ofUse, we encourage you to read it to better understand how you can update, manage, access, anddelete your information.

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “CONTACT INFORMATION” section below.

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and to the extent allowed by law, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Website, the Products, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. By agreeing to this provision, you agree not to participate in any class action proceeding (“Class Action Waiver”). Claims also include, except as otherwise provided herein, disputes related to the coverage, applicability, arbitrability, enforceability, formation, scope, or validity of these Terms of Use, including this Arbitration provision, all of which shall be subject to the sole power of the arbitrator as described herein. Notwithstanding anything else herein, the enforceability of the Class Action Waiver shall be determined by a court. In addition, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Products involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If the Claim involves a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, you and we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms of Use, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar Claims (including yours) are asserted against us by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply. You agree to this process even though resolution of your Claim may be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Claims, streamline procedures, address the exchange of information, modify the number of Claims to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Claim from the time that your Claim is first submitted to the AAA until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.

If there are between twenty-five (25) and forty-nine (49) Claims asserted in the Mass Arbitration, all of the Claims will proceed simultaneously. If there are fifty (50) or more Claims, however, the Claims will proceed in Stages pursuant to the following Paragraphs.

Stage One: In Stage One, the default number of Claims to be selected to proceed shall be 50 Claims, but this can be modified by agreement of counsel for the parties provided that there shall be no fewer than 50 Claims in Stage One.

Claimants’ counsel and ApriaDirect/ApriaHome will each select an equal number of Claims to be filed in arbitration and resolved individually by different arbitrators, with no arbitrator resolving more than five (5) Claims. For example, claimant and ApriaDirect/ApriaHome will each select 25 Claims (50 Claims total). The remaining Claims, if any, shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the first stage. After this initial set of proceedings, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

Stage Two: If the parties cannot agree how to resolve the remaining Claims (if any) after mediation, claimants’ counsel and ApriaDirect/ApriaHome will each select an equal number of Claims per side—not to exceed 50 Claims total—to be filed and to proceed as cases in individual arbitrations as part of Stage Two, with no arbitrator resolving more than five (5) Claims. The number of Claims to be selected to proceed as part of Stage Two can be modified by agreement of counsel for the parties provided that if there are fewer than 50 Claims remaining, all shall proceed in Stage Two. The remaining Claims, if any, shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. If a case is withdrawn before the issuance of an arbitration award, another Claim shall be selected to proceed as part of the second stage. After Stage Two is completed, the parties must engage in a single mediation of all remaining Claims, and we will pay the mediation fee.

Upon the completion of the mediation in Stage Two, each remaining Claim (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Claims in individual arbitrations consistent with the process set forth in Stage Two (except Claims shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce these Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. These Procedures for Mass Arbitration and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Procedures for Mass Arbitration are not enforceable, then your Claim shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use.

Notwithstanding anything to the contrary in these Terms of Use, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms of Use) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms of Use to which you agreed will continue to apply to you and us as if no amendments were made. 

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms of Use shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Website, the Products, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms of Use by calling our Arbitration Opt-out Line at 1-866-494-5396 and leaving a recorded message with your name, address, and a statement saying that you “reject ApriaDirect/ApriaHome’s arbitration provision.”

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 Healthcare LLC and ApriaDirect/ApriaHome undertake no obligation to publicly update or revise any Forward-Looking Statements.

Merger. These Terms of Use (which hereby incorporate by reference any other provisions applicable to use of the Website) constitute the complete agreement between you and ApriaDirect/ApriaHome and supersede any prior or contemporaneous agreement or communications, promises and proposals, whether oral, written or electronic, between you and ApriaDirect/ApriaHome with respect to the Website and information, software, products and services associated with it.

Severability. If any term or provision of these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

Governing Law and Venue. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Except as set forth in the agreement to arbitration and without waiving it, you agree that any dispute arising from or relating to the subject matter of these Terms of Use (including but not limited to if you opt out of the agreement to arbitration) shall be governed by the exclusive jurisdiction and venue of the state and federal courts of California, except where the jurisdiction and venue are mandated by applicable assignment.

Assignment. You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may freely assign our obligations and rights under these Terms of Use, including all personal information in our possession that we have collected during your use of the Website as further described in our Privacy Policy.

No Waiver. ​No failure, omission or delay on the part of us in exercising any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.

Headings. Provision and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Typographical Errors. Information on the Website may contain technical inaccuracies or typographical errors. We attempt to make the Website’s postings as accurate as possible, but we do not warrant the content of the Website is accurate, complete, reliable, current, or error-free.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms of Use, there will be no third-party beneficiaries to this agreement.

Force Majeure. ApriaDirect/ApriaHome will not be liable for any failure to perform any of its obligations under these Terms of Use if its performance of such obligations is substantially hindered due, directly or indirectly, to any circumstance beyond the reasonable control of ApriaDirect/ApriaHome, including, but not limited to, war, riot, fire, flood, explosion, storm, accident, civil unrest, strike, lockout, trade dispute, labor disturbance, failure of any machine, system of authorization, data processing or communication system or transmission link, act of any governmental agent, department or other entity or act of God. In such an event, ApriaDirect/ApriaHome may elect to cancel your order and refund any payments made.

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

ApriaDirect/ApriaHome reserves the right to refuse to do business with any individual or user who is threatening or abusive to ApriaDirect/ApriaHome team members at the sole discretion of ApriaDirect/ApriaHome management.