Terms & Conditions
b. Electronic Form. By accessing the Website or becoming a Member, you consent to have this Agreement provided to you in electronic form.
c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to firstname.lastname@example.org or a letter and self-addressed stamped envelope to: Pro Oxygen LLC, 330 Paseo Del Pueblo Sur, Unit J, Taos, NM 87571.
d. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
(ii) Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to email@example.com or a letter and self-addressed stamped envelope to: Pro Oxygen LLC, 330 Paseo Del Pueblo Sur, Unit J, Taos, NM 87571.
(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
e. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
Pro Oxygen LLC strives to ensure that the information contained in this Website is accurate and reliable. However, Pro Oxygen LLC and the World Wide Web (or Website Host) are not infallible and errors may sometimes occur. Postings to this Website are made at such times as Pro Oxygen LLC determines in its sole discretion. Pro Oxygen LLC does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. By providing access to this Website, Pro Oxygen LLC and its affiliates do not warrant or represent that:
> The content is accurate or complete;
> The content is up-to-date or current;
> They have a duty to update any content;
> The content is free from technical inaccuracies or typographical errors;
> The content is free form changes caused by third party; and
> Your access to this Website will be free from interruptions, errors, computer viruses,
or other harmful components.
Pro Oxygen LLC and its affiliates do not assume any liability for these matters. In other words, you use this Website "as is" and at your own risk.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership by contacting us at Pro Oxygen LLC, 330 Paseo Del Pueblo Sur, Unit J, Taos, NM 87571.
If Pro Oxygen LLC terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused membership fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Pro Oxygen LLC. Pro Oxygen LLC is not required to provide you notice prior to terminating your membership. Pro Oxygen LLC is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
If a third party links to this Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with Pro Oxygen LLC or its affiliates. In most cases, we are not aware that a third party has linked to this Website. A site that links to this Website:
> May link to, but not replicate, our content;
> Must not create a border environment or frame our content;
> Must not imply that we are endorsing it or its products;
> Must not misrepresent its relationship with us;
> Must not present false information about our products or services; and
> Must not contain content that could be construed as distasteful, offensive, or
controversial, and should contain only content that is appropriate for all age groups.
6. Content on Pro Oxygen LLC.
a. Proprietary Rights. Pro Oxygen LLC owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Pro Oxygen LLC, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Pro Oxygen LLC are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Pro Oxygen LLC does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Pro Oxygen LLC or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.
7. Content Posted by You on Pro Oxygen LLC.
a. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. You will not provide inaccurate, misleading or false information to the Company or to any other Member. If information provided to Pro Oxygen LLC, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Pro Oxygen LLC of such change.
b. You understand and agree that Pro Oxygen LLC may review and delete any content, messages, double-blind emails, photos or profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Pro Oxygen LLC violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
c. By posting Content to any public area of Pro Oxygen LLC, you automatically grant, and you represent and warrant that you have the right to grant, to Pro Oxygen LLC, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Pro Oxygen LLC will not infringe or violate the rights of any third party.
d. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
e. You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although Pro Oxygen LLC cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
f. All information you include in your Member profile must be accurate, current and complete.
8. Copyright Notice.
The graphic images, buttons, and text contained in this Website are the exclusive property of Pro Oxygen LLC and its affiliates and, except for personal use, may not be copied, distributed, displayed, reproduced, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Pro Oxygen LLC.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Pro Oxygen LLC's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Pro Oxygen LLC, 330 Paseo Del Pueblo Sur, Unit J, Taos, NM 87571.
9. Trademark Notice.
This Website contains many of the valuable trademarks owned and used by Pro Oxygen LLC and its affiliates to distinguish its quality products and services. These trademarks and related proprietary property are protected from copying and simulation under national and international laws and are not to be reproduced or copied without the express written permission of Pro Oxygen LLC.
10. Prohibited Activities.
You agree not to use this Website and its content in any manner whatsoever that violates applicable laws and regulations.
Pro Oxygen LLC reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
• You will not express or imply that any statements you make are endorsed by Pro Oxygen LLC without our specific prior written consent.
• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
• You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
• You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
• You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
• You will not "frame" or "mirror" any part of the Service or the Website, without Pro Oxygen LLC's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Pro Oxygen LLC or the Service or the site in order to direct any person to any other Website for any purpose.
• You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
11. Blocking of IP Addresses.
In order to protect the integrity of the Service, Pro Oxygen LLC reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
12. Access to Website.
Pro Oxygen LLC reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to this Website, including its contents, features, and hours of availability.
13. Product/Service Availability.
The availability of the products and services described in this Website, and the description of the products and services, may vary based on geographical region. Contact a Pro Oxygen sales representative for specific product and service information.
14. Jurisdiction & Choice of Law.
This Website is controlled and operated by Pro Oxygen LLC from its offices within the United States of America. Pro Oxygen LLC and its affiliates make no representation that the materials in this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of New Mexico, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New Mexico for the resolution of any such dispute.
15. Membership Pricing.
You may become a Member of the Service at a one-time fee of $100. As a Member, you will have the ability to participate in all the features and services available within the Service. Please note that the membership policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Please see Pricing for a description of such policies.
16. Non-commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, Company, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Pro Oxygen LLC, which may be revoked at any time, for any reason, in Pro Oxygen LLC's sole discretion.
17. Privacy Notice.
18. Account Security.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process in the Reservation System, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Pro Oxygen LLC of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Pro Oxygen LLC will not be liable for any loss or damage arising from your failure to comply with this provision. 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. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Microsoft .Net Passport to your Pro Oxygen LLC account.
19. Permission to Treat.
By clicking "Accept" during registration, you give permission to the technicians and medical officer of Pro Oxygen LLC to advise you on a wellness regimen that includes supplemental oxygen therapies such as Hyperbaric Oxygenation. You may withdraw this consent at any time by no longer seeking care from Pro Oxygen LLC.
20. Appointments: Missed/Late Cancellation.
You understand and agree that if you do not show for your appointment or fail to cancel your appointment with less than 24 hours notice, Pro Oxygen LLC may charge you the full appointment fee for a missed/late cancelled appointment.
21. Modifications to Service.
Pro Oxygen LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pro Oxygen LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
22. Indemnity by You.
You agree to indemnify and hold Pro Oxygen LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
23. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last updated: April 1, 2016