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Terms and Conditions

Adaptive Specialties, LLC and it’s web site, Adaptive Specialties.com (the "Site") is provided as a service to our customers. Please review our terms and conditions, which govern your use of the   website (the "Agreement") and our services. Your use of the Site or purchase of goods denotes your agreement to be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. Please review the terms and conditions each time you use the Site and if you do not agree to these terms, do not use the Site.

Transactions, via site or by consultation

We reserve the right to refuse any order you place with Adaptive Specialties, llc. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order, including orders under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Approved quotes constitute agreement for purchase of the product and payment.  Payments are all due upon receipt of the invoice. A late payment fee of 2% of the unpaid balance will be added for all unpaid amounts over 30 days, retroactive to the invoice date.

Right to Change Site

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Site Contents

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Adaptive Specialties, llc. The Contents are intended to promote our products and services available in the United States.
While we have made every effort to display colors as accurately as possible on the Site, we cannot guarantee that your computer monitor color displays will be accurate.
The Site and the Contents are intended solely for personal use.  No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
The content on this site does not constitute medical or legal advice. You should consult your doctor before beginning any exercise, training or athletic program. Adaptive Specialties, llc is not responsible for any legal or medical problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. The articles or recommendations on our site do not dispense medical, legal or professional advice, nor do they prescribe any treatment or strategy that should be tested without the advice of a professional. Information presented on this site is for educational or entertainment purposes only. You are responsible for your own actions should you use any information found on this site.

Any HCPCS codes identified herein are our best interpretation of the appropriate code. It is not a legal determination nor should our interpretation replace the customer’s own responsibility for submitting accurate information to third party sources.

The Site may contain links to Web sites for the users’ convenience that are not under the control of Adaptive Specialties, llc. Adaptive Specialties, llc has no responsibility for content nor does the link constitute an endorsement for the linked Web site. 

Additional Product Information
Please contact our client services team for availability of additional information on each product, including detailed specs, manuals and MSDS information.

User Submissions and Comments

Adaptive Specialties, llc. welcomes your comments regarding our products and services. However,  if at our request  you send certain specific submissions (for example product reviews or contests) or without out a request from us you send  ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree Adaptive Specialties, llc. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Adaptive Specialties, llc. Adaptive Specialties, llc is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Adaptive Specialties, llc has the right but not the obligation to monitor and edit or remove any Comments.
You agree that any Comments you submit will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous, unlawful, abusive or obscene material, or contain computer viruses or other malware that could affect the operation of the Site. You may not mislead Adaptive Specialties, llc or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Adaptive Specialties, llc takes no responsibility and assumes no liability for any Comments posted by your or any third party. Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to update information or cancel orders if any information on the Site is inaccurate at any time,(pre and post order) without prior notice. Adaptive Specialties, llc reserves the right to cancel any order due to pricing changes with manufacturers, pricing errors, omissions, mistakes, or for any other reason. While we make every effort to satisfy every client  and fill every order, occasionally there may be an error on our website regarding pricing, instock status of a product, or description. In these instances customer service will notify you of the mistake and ask if you would like to cancel the order or proceed with the correct pricing or information

Disclaimer

The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchant-ability, fitness for a particular purpose or non-infringement of intellectual property. Adaptive Specialties, llc expressly disclaims any duty to update or revise the materials on the Site, although Adaptive Specialties, llc may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Adaptive Specialties, llc shall not be liable for any damages of any kind related to your use of the Site. Any HCPC codes identified herein are our best interpretation of the appropriate code. It is not a legal determination, nor should our interpretation replace the customer’s own responsibility for submitting accurate information to third party sources.

Indemnification

You agree to defend, indemnify and hold Adaptive Specialties, llc. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute Resolution

To expedite resolution of any disputes, you and Adaptive Specialties, llc agree to the following dispute resolution procedure:
In the event of any claim or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute will first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Adaptive Specialties, llc at 9435 Waterstone Blvd. Cincinnati, Ohio  45249  or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Adaptive Specialties, llc agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

In the event of an unresolved complaint, you may contact the Ohio Respiratory Care Board by writing to: Ohio Respiratory Care Board, 77 South High Street, 16th floor, Columbus, Ohio 43215 or by phone: 614-752-9218.

Choice of Law

This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Ohio, County of Warren and/or the Southern District of Ohio. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Adaptive Specialties, llc's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

Termination

These terms are effective unless and until terminated by either you or Adaptive Specialties, llc You may terminate this Agreement at any time. Adaptive Specialties, llc also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.