Resmed Brand Space terms of use

Please read these terms and conditions (“Terms of Use”) carefully because they set forth the important terms you will need to know about this the Resmed brand space (“Brand Space”). In these Terms of Use, the terms "you" and "yours" refer to the person using the Brand Space. The terms "we," "our," "us" and "Resmed" collectively refer to ResMed Corp., a Minnesota corporation headquartered in California, its parent ResMed Inc., a Delaware corporation, headquartered in California, and ResMed Corp.'s affiliates, organized under the laws of various states and countries and operating in California, the United States, or in other jurisdictions throughout the world.

1. Acceptance of Terms
By accessing or using the Brand Space, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use as well as any referenced policies or guidelines.Resmed reserves the right to modify these Terms of Use at any time by posting updated terms, and your continued use of the Brand Space indicates your acceptance of the updated terms. If you do not agree, do not access or use the Brand Space.

2. Authorized Users and Access
Certain areas or materials may require account creation or additional authentication. To the extent that we do require login credentials, the details you provide must be correct, current and complete. If Resmed believes that the details are not correct, current and complete, we have the right to refuse you access to the Brand Space, or any of its resources, and to terminate or suspend your account.

You are responsible for maintaining the confidentiality of any password(s) you are given to access this Brand Space, and you are fully responsible for all activities that occur under your password(s). Resmed is not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Resmed, 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 use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

3. Permissible Use of Brand Materials
License: Subject to your compliance with these Terms of Use, Resmed grants you a limited, non-exclusive, non-transferable, revocable license to use and display Resmed’s logos, trademarks, templates, and other brand assets (collectively, “Brand Materials”) solely for legitimate purposes approved by Resmed and consistent with Resmed’s brand guidelines.

Brand Guidelines: All use of Brand Materials must strictly comply with the Resmed brand guidelines provided or referenced in the Brand Space. Any deviation requires prior written approval from Resmed.

Restrictions: You may not (a) alter or modify any Brand Materials in a manner, (b) imply Resmed’s endorsement without express, written authorization, or (c) use Brand Materials in connection with unlawful or unethical activities. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of the Brand Space or the Content without our prior written permission. You agree not to infringe on any Intellectual Property Rights or remove or modify related proprietary notices contained in this Brand Space or the Content.

4. Intellectual Property Rights
Ownership: All content, text, images, data, information and other material displayed, available or present on this Brand Space (collectively, “Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (“Intellectual Property Rights”), are the property of ResMed, 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 Brand Space is copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms of Use. All rights not expressly granted hereunder are reserved.

5. Confidential or Proprietary Information
Restricted Materials: Certain areas of the Brand Space may contain Resmed’s proprietary or confidential information. Access to these areas may be limited to authorized users with separate confidentiality obligations. You shall not disclose, publish, or disseminate any confidential information to any third party without the Resmed’s prior written consent.

Data Privacy: Resmed is concerned about privacy and has developed a policy to address privacy concerns. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

6. User Conduct and Prohibited Activities
Compliance: You agree to comply with all Resmed brand guidelines in addition to all applicable laws, rules, and regulations in connection with your use of this Brand Space.

Prohibitions: You may not:
Use the Brand Space to post or transmit any unlawful, defamatory, infringing, or fraudulent material.
Interfere with or disrupt the security of the Brand Space or attempt to circumvent any access controls.
Collect or harvest personally identifiable information from the Brand Space without authorization.
Engage in activities that could harm Resmed’s reputation or brand.

7. Disclaimers and Limitation of Liability
THIS BRAND SPACE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. RESMED DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Limitations on Liability and Remedies
RESMED'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESMED (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE BRAND SPACE. RESMED AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS BRAND SPACE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH RESMED. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RESMED HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RESMED AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. RESMED DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF RESMED WILL BE LIMITED TO, IN THE SOLE DISCRETION OF RESMED, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY RESMED FROM YOU.

9. Indemnification
You agree to defend, indemnify and hold harmless Resmed and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys’ fees, arising in connection with your use of this Brand Space, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Brand Space.

10. Termination and Suspension of Access
Termination by Resmed: Resmed reserves the right, in its sole discretion, to suspend or terminate your access to the Brand Space at any time, without notice, especially if you violate these Terms of Use or if your continued use presents a legal or reputational risk.
Effect of Termination: Upon termination, any rights or licenses granted to you herein immediately cease. You must promptly discontinue all use of Brand Materials and delete or destroy any copies in your possession.

11. Governing Law and Dispute Resolution
These Terms of Use and any disputes arising out of or related to them shall be governed by the laws of the state of Delaware, without regard to its conflict-of-laws principles. All claims shall be brought in the state or federal courts located in the State of Delaware, and each party consents to the personal jurisdiction of such courts.

12. Entire Agreement and Severability
These Terms of Use, together with any referenced Resmed policies or guidelines, constitute the entire agreement between you and Resmed regarding the Brand Space. If any provision of these Terms of Use is held invalid, the remaining provisions shall remain in full force and effect.

13. Contact Information
If you have any questions regarding these Terms of Use or this Brand Space, please contact us by email at brand@resmed.com.