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TERMS OF USE

Terms of Use

These Terms of Use (these “Terms”) apply to your use of the website, services, content, technologies and applications made available by or through www.drivemedical.com (the “Website”). The Website is owned and operated by the Medical Depot (“we”, “us”, “our”, “Drive Medical” or “Drive DeVilbiss Healthcare”). Your access to and use of the information contained on the Website is subject to these Terms. By accessing and using the Website, you accept, without limitation or qualification, to be bound and abide by these Terms and by our Privacy Policy, incorporated herein by reference. These Terms have the same effect as an agreement in writing and govern your use of the Website. If you do not agree to the Terms, you may not use the Website.

We may modify the Terms at any time. If you do not agree to the changes, you may discontinue using the Website before the changes take effect. Your continued use of the Website after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Terms. You are responsible for regularly reviewing the Terms. The Terms are supplemented by additional terms and conditions applicable to privacy, and may be supplemented by additional terms and conditions applicable to specific areas of the Website, or to particular content or transactions are posted in particular areas of the Website and, together with these Terms, govern your use of those areas, content, or transactions.

The Website

The information provided on the Website is for general informational and educational purposes. We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you. Certain sections of the Website may be intended for particular audiences. The Website is offered and available to users who are 18 years of age or older. By accessing or using the Website, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet this requirement, you must not access or use the Website.

Disclaimer

The Website and all of its content may include information and instruction relating to topics such as health, education, [etc.] (collectively, “Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all Content.

Before acting on any Content or information provided through the Website, we strongly recommend that you consult with a physician or other healthcare provider. Drive DeVilbiss Healthcare/Drive Medical and its staff are not licensed medical care providers, therapists, psychiatrists, psychologists, life coaches, first responders or any other kind of professional care provider (“Professional Care Provider”) and have no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program on a medical condition or any other Condition. While some of the Content may be provided by Professional Care Providers, such providers are not rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”), but are merely providing general education and information to you about the Content’s topics. You acknowledge and agree that when taking any action or participating in any activity, routine or program that may be described in the Content there is the possibility of physical injury, emotional distress and/or death, and you assume the risk and responsibility for any such results.

Our Content is not meant to be a substitute for Professional Advice from your Professional Care Provider and we make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or Content contained on our Website. You are advised that health advice and other Professional Advice is often subject to updating and refining due to medical and other research and developments. We are committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject. You are encouraged to consult with your health care provider or other Professional Care Provider with any questions or concerns you may have regarding any health condition or any other Condition that you may have before taking any action or engaging in any activity or program described in our Content.

You should never disregard medical or other Professional Advice or delay seeking it because of a statement you have read and/or heard online. Our Content should not be used in lieu of Professional Advice given by qualified medical professionals such as your doctor or other Professional Care Provider. It is important that our Content is used only in conjunction with qualified medical guidance and guidance provided by other applicable Professional Care Providers.

Terms and Conditions

  1. We May Discontinue or Suspend the Website or Terminate Your Use.

    We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Website or if for any reason all or any part of the Website is unavailable at any time or for any period. In addition, we reserve the right to terminate your access to the Website for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our company and of our users as a whole with respect to access and use of the Website.

  2. Your Access to the Website and Prohibited Uses.

    To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

    • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
    • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards specified in Section 3(d) below and any other content standards we may specify from time to time on the Website.
    • To transmit, or procure the sending of, any advertising or promotional material without Our prior written consent, or any “junk mail”, “chain letter” or “spam.”
    • To impersonate or attempt to impersonate us, any of our employees or other service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or the users of the Website or expose them to liability.

    Additionally, you agree not to:

    • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site, including their ability to engage in real time activities through the Website.
    • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
    • Use any device, software or routine that interferes with the proper working of the Website.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
    • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Website.
  3. We Have All Rights In the Website and Content; You Grant Us Certain Rights When You Submit Content to Us.

    (a) The Website (including all text, photographs, graphics, video and audio content contained on the Website) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising the Website are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on the Website. These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:

    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your web browser for display enhancement purposes.
    • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
    • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
    • If we provide social media features with certain content, you make take such actions as are enabled by such features.

    You must not:

    • Modify copies of any materials from the Website.
    • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
    • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.

    (b) By posting or submitting content on or to the Website (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are granting us, and our affiliates, agents, and third party contractors a perpetual, worldwide, irrevocable, royalty free, nonexclusive, and sublicensible right and license to display, broadcast, or publish such content on the Website, related sites and social media and in any affiliated publications, whether online, in print, or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that we may, or may permit users to, based solely on functionality provided and enabled by the Website, compile, re-edit, adapt or modify your submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other submissions, and you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

    (c) You represent and warrant to us that (i) you are legally capable to enter into contracts, (ii) you are providing us at all times true, accurate and up to date information about yourself, (iii) you will comply at all times with the Terms and applicable law, and (iv) your use of the Website and any transactions that you make with us will not violate the rights of any third party. In addition, you agree that you shall be solely responsible for your own submissions and the consequences of posting or publishing them. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;

    (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You acknowledge and agree that when you submit content in any form to us or the Website we may authorize such content to be distributed or syndicated to or published on our other platforms or those of affiliated parties without payment or other consideration or attribution to you. We may remove content posted by you for any reason.

    (d) The following content standards apply you posts or submissions of content on or to the Website. All of such posts and submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your posts and submissions on or to the Website must not:

    • Contain any material which 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 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 other than with our express prior written permission.
    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  4. You Have Rights if You Believe Your Copyright is Being Infringed.

    We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

    • Your physical or electronic signature.
    • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
    • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
    • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
    • A statement that the information in the written notice is accurate.
    • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

    Our designated Copyright Agent to receive DMCA Notices is:

    Drive DeVilbiss Healthcare
    ATTN: Legal Department
    11776 Perry Street
    Westminister, CO 80031

    Or

    kmastin@drivemedical.com

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

  5. Your Use of Our Content is Restricted.

    (a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Website or any content thereon, except as permitted under the last sentence of this Section 5(a) and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section5(a)), you may not distribute any part of the Website or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on the Website; accordingly, you may from time to time excerpt and use materials set forth on the Website consistent with the principles of “fair use”.

    (b) We are concerned about the integrity of the Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of the Website. Neither you nor any third party shall make use of the contents of the Website in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

  6. We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors.

    Opinions and other statements expressed by users and third parties (e.g., bloggers or users who contribute content via any forum, response Q&A platform or otherwise on the Website) are theirs alone, not opinions of Drive DeVilbiss Healthcare/Drive Medical. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through the Website, we are not undertaking any obligation or liability relating to the content. Drive DeVilbiss Healthcare/Drive Medical and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate or unlawful content, nor shall we have incur any responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings or materials at any time in our sole discretion.

  7. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms or Any Breach by You of Your Representations and Warranties.

    You agree to indemnify and hold harmless Drive DeVilbiss Healthcare/Drive Medical and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Website and/or any violation by you of these Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 7. In such event, you shall provide us with such cooperation as is reasonably requested by us.

  8. Your Use of the Website is Subject to Certain Disclaimers.

    OUR WEBSITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH OUR WEBSITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON OUR WEBSITE OR AVAILABLE THROUGH LINKS ON OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR WEBSITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.

    OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES. WE MAKE NO REPRESENTATIONS THAT OUR WEBSITE OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF OUR WEBSITE.

  9. We are Not Responsible for Linked Sites.

    We are not responsible for the availability or content of other services that may be linked to from the Website. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.

  10. We May be Legally Compelled to Disclose Certain Information.

    You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

  11. Our Liability to You is Limited.

    Drive DeVilbiss Healthcare/Drive Medical and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to the Website, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Website (including, without limitation, as a result of breach of any warranty or other term of these Terms). Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

  12. You Will Transact with Us Electronically.

    You agree to transact with us electronically. This means that if you wish to transact or communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website.

  13. You Are Responsible for Your Own Access.

    You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.

  14. You May Not Share Your Username and Password.

    In the event you are provided with a user name and password to access any part of the Website you agree not share, give or sell your password or username to any other person or company. Excessive viewings or logins by you will be construed by us as fraudulent use of services, which will result in the immediate cancellation of your access to the Website. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

  15. We Do Not Target Children Under Age 13.

    Due to the nature of the Internet, we cannot prohibit minors from visiting the Website. The Website and our Content are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the Website. If you believe that a child has provided information to us through the Website, please contact us by email at media@drivemedical.com. We will use our best efforts to remove all of the information provided by the child from our system.

  16. You Need to Bring any Action Against Us Within One Year.

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website, your use or access of the Website its Content, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  17. You Must Abide by Applicable International Laws.

    Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  18. Any Dispute Between Us Will be Governed by New York Law.

    These Terms shall be governed by, construed in accordance with, and enforced under, the laws of the State of New York, applicable to agreements made and to be performed therein entirely within such State without regard to conflict of laws principles. Any litigation based hereon, or arising out these Terms shall be brought and maintained exclusively in the federal or state courts of the State of New York in Nassau County.  Each party irrevocably consents to the service of process of any of the aforementioned courts in any such suit, action or proceeding by the mailing of copies thereof by registered or certified mail, postage prepaid, return receipt requested, to such party’s address set forth herein, such service to become effective 10 days after such mailing. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. These Terms and our Privacy Policy referred to herein constitute the sole and entire agreement between you and Drive DeVilbiss Healthcare/Drive Medical with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Sections 3, 5 through 11, 16, and this Section 18 shall survive termination or lapse of these Terms.

BY CONTINUING TO USE OUR WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS. The headings to each Section of these Terms are provided for convenience of reference only and shall be ignored in the construction or interpretation hereof.

Last Updated May 24, 2017