Terms of Use 2017-09-18T23:47:34+00:00

Terms of Use

GENERAL INFORMATION. This website is owned and operated by Vapotherm. These Terms of Use were last updated on March 27, 2017 and Vapotherm may change these Terms of Use at any time. By accessing and using this website, you agree to follow and be bound by the most recent version of these Terms of Use. You acknowledge (i) that you have read and understood these terms and conditions and (ii) that these terms and conditions have the same force and effect as a signed agreement. If you do not agree to follow and be bound by these terms and conditions, you may not access, use, or download materials from this website.

Much of the information on this website relates to products and services offered by Vapotherm. The materials on this website are for your general educational information only. The information provided on the website is not intended nor recommended as a substitute for professional medical advice, and is designed to support, not replace, the relationship that exists between you and your physician. Vapotherm does not practice medicine or provide medical services.

This website contains information about products and services that are approved and/or cleared for use in the United States and in the other countries that are identified in this website for the distribution of Vapotherm’s products. If you do not live in one of these countries, you may see information on this website about products and services that are not approved, cleared and/or marketed in your country.

COPYRIGHTS AND TRADEMARKS. The materials on this website belong to or are licensed to Vapotherm. The materials are protected by United States and foreign copyright laws. You may e-mail, download, or print copies of the materials on this website, but only for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright and other notices that are in the materials.

We also own the names we use for our products and services on this website, and these names are protected by United States and foreign trademark laws. You agree not to display or use Vapotherm’s logos or trademarks in any manner without our prior written permission. As of the date these Terms of Use were last updated, Vapotherm, Flowrest, Precision Flow, Breathelite, Flowrest Breathe Well. Sleep Well, HFT, Insolare are registered trademarks of Vapotherm, Inc. Vaposoft, Hi-VNI®, High Velocity Therapy, HVT, Medical Grade Vapor, This is Precision Flow. Everything else isn’t., Vapotherm 2000i, Precision Flow – Heliox, and HFNC are trademarks of Vapotherm, Inc. All rights not expressly granted are reserved.

LINKING TO THIS WEBSITE/USE OF VAPOTHERM MARKS. You are hereby granted a non-exclusive, limited, and revocable license to link to this website. Vapotherm reserves the right to revoke this license or your right to use specific links at any time.

You agree not to present the link to this website in a manner that suggests an endorsement of any company, product, or service. You agree that the link will not appear on a website that a reasonable person may consider defamatory, harassing, or grossly offensive.

LINKS TO THIRD PARTY WEBSITES. This website may contain links to websites not operated by Vapotherm. We provide these links for your convenience, but we do not review, control, endorse, or monitor the materials on any other websites. We are not responsible for the performance of those websites or for your business dealings with them.

USER GENERATED CONTENT. Any information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information or personal data, as those terms are used in our Privacy Policy). If you transmit any ideas, information, know-how or techniques to us through this website, you hereby grant Vapotherm an unrestricted, royalty-free, irrevocable license to use, reproduce, modify, and distribute them in any medium without compensation to you.

NO WARRANTIES. ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” BASIS. VAPOTHERM DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VAPOTHERM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE.

LIMITATION OF LIABILITY. USE OF THE WEBSITE AND THE MATERIALS AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. YOU AGREE THAT NEITHER VAPOTHERM NOR ANY PERSON OR ENTITY ASSOCIATED WITH VAPOTHERM IS LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS LIMITATION INCLUDES WITHOUT LIMITATION CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY. THIS LIMITATION APPLIES TO VAPOTHERM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS. THIS LIMITATION COVERS ALL LOSSES INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION EVEN IF VAPOTHERM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OTHER INFORMATION. In addition these Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition.

If you violate these Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold Vapotherm harmless against any liability for that harm.

By using this website, you agree that the only proper jurisdiction and venue for any dispute with Vapotherm, or in any way relating to your use of this website, is in the state and federal courts in the State of New Hampshire, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Vapotherm or its affiliates, employees, officers, directors, agents, or suppliers.

These Terms of Use are governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles, and the federal laws of the United States.

If you have any questions regarding these Terms of Use, please contact Vapotherm’s legal and compliance department directly by emailing [email protected] or by calling (603) 658-0011.