Last Updated April 23, 2023
The following governs your use of all the web pages hosted by RKV Investments, Inc., a Texas Corporation, doing business as Respiratory Associates (collectively referred to as “we” or the “Site”). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the following terms and conditions, do not use this Site.
1. TO WHOM DOES THIS AGREEMENT APPLY?
This Agreement is applicable to any User who enters the Site. The definition of a “User” is an end-user who creates a registration on our Site, consumes, downloads or prints any information, content, materials, documents, or certificates (referred to throughout as “Site Content”), or makes use of any of the Site’s services. A User also includes anyone who uses any of our products or tools without registering on our Site. These Terms of Use apply to all Site Content and services made available through the Site at any time, including those not available as of the “Last Updated” date above.
2. YOUR OBLIGATION AS A USER
You represent that you are at least 18 years of age and are not prohibited from receiving services under the laws of the applicable jurisdiction. You agree to provide accurate and complete information on the Site’s registration form. You acknowledge that Respiratory Associates owns your account and that you have no ownership rights to your account. You agree to abide by the following rules:
- You agree not to disseminate your user name or password and that you are responsible for maintaining the confidentiality of your user name and password to protect your personal information. Whether you authorize it or not, you are responsible for any and all uses of your registration.
- You agree to notify Respiratory Associates immediately of any unauthorized use of your registration and password.
- You agree not to present Respiratory Associates Site Content (or permit Site Content to be presented) in such a way that it appears to be available from a third-party Web site.
- You agree to not breach or attempt to breach the security measures incorporated in the Site or access data not intended for your use.
- You agree to not log into a server or account which you are not authorized to use.
- You agree to not use the Site for any unlawful purpose or in any manner that would violate international, federal, or local laws or regulations.
- You agree not to interfere with the service to any User, host, or network.
- You agree not to modify, reverse engineer, decompile, translate, or disassemble any portion of the Site.
- You agree not to forge any TCP/IP packet header or any part of the header information in any e-mail or posting.
- You agree to access the Site only through the interfaces provided by the Site or by navigating to https://respiratoryassociates.com/ using a web browser.
- You agree to not use the software, devices, script robots, other means or processes to access, “scrape,” “crawl,” or “spider” any web pages or other services contained in or on the Site.
- You agree to not use or copy information, content, or any data you view on and/or obtain from the Site to provide any service that is competitive with the Site.
3. PENALTIES FOR IMPROPER USE
If you violate any of these Rules, your actions may result in civil or criminal liability. Respiratory Associates will investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If Respiratory Associates determines you misled Respiratory Associates or violated these rules or the Terms of Use, we reserve the right to terminate this Agreement and your use of the Site. Respiratory Associates is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.
4. LICENSE OF SITE CONTENT
Respiratory Associates grants you a non-exclusive, non-transferable, revocable license to:
- Access and use the Site strictly in accordance with this Agreement;
- Use the Site solely for personal, non-commercial uses.
5. PAYMENT
You must provide accurate billing and payment information in order to use our services that have fees associated with them. You agree to pay Respiratory Associates for all charges incurred as a result of your use of the Site, including all applicable taxes, fees, and surcharges. You authorize Respiratory Associates to bill your designated payment method for such charges. If Respiratory Associates, for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Respiratory Associates or its vendor. Every time you use the Site, you reaffirm that (i) Respiratory Associates (or its billing agent) is authorized to bill your chosen payment method; (ii) Respiratory Associates may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges.
Respiratory Associates may use a domestic or an international third-party payment service, the latter of which could result in international transaction fees billed to your credit card, (collectively, the “Payment Service”), to collect payments for all fees. Any international transaction fees that you may incur are charged by your bank and not by Respiratory Associates. All questions concerning such fees should be directed towards your bank. Any information you provide us in connection with the payment that we provide to the Payment Service will be subject to the Payment Service’s user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that Respiratory Associates is not liable for the Payment Service’s services, its site, or any acts or omissions of the Payment Service.
The Price and availability of any product or service offered through the Site are subject to change without notice. Refunds and exchanges will be subject to Respiratory Associates’ refund and exchange policies then in effect. You agree to pay all charges incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, any applicable taxes.
6. REFUND, EXCHANGE, AND SUBSCRIPTION POLICY
If you feel there has been an error in billing, contact us so we can assist you in resolving the issue. If you have not taken a continuing education course after purchasing it, we will refund the purchase or exchange your course credit for another course (or courses) equal to the number of hours of instruction you purchased.
IF YOU PURCHASE ONE OF OUR ANNUAL SUBSCRIPTIONS (ALL ACCESS SUBSCRIPTION, ANNUAL SUBSCRIPTION, ANNUAL CEU SUBSCRIPTION, $99 FOREVER ANNUAL CEU SUBSCRIPTION), YOU MAY TAKE ANY OF OUR CEU COURSES FOR ONE YEAR. AFTER 365 DAYS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNLESS CANCELED PRIOR TO THE RENEWAL DATE. YOU WILL RECEIVE AN EMAIL NOTIFICATION PRIOR TO THE AUTOMATIC RENEWAL. ANY ACTIVITY PERFORMED THAT RESULTS IN A USER OBTAINING A CEU CERTIFICATE, AFTER THE ANNUAL RECURRING BILLING PERIOD BEGINS, WILL NEGATE THE USER’S ELIGIBILITY FOR A REFUND. WE WILL REFUND AN UNUSED ANNUAL SUBSCRIPTION UP TO SIXTY (60) DAYS AFTER THE SUBSCRIPTION RENEWS. WE DO NOT OFFER PRORATED REFUNDS FOR ANNUAL SUBSCRIPTIONS. TO VIEW THE SPECIFIC DETAILS OF YOUR ANNUAL SUBSCRIPTION, INCLUDING THE RENEWAL DATE, LOG INTO YOUR RESPIRATORY ASSOCIATES ACCOUNT AND CLICK THE “ACCOUNT” DROPDOWN AND THEN CLICK “MANAGE SUBSCRIPTION”. ON THIS PAGE YOU MAY UPDATE YOUR PAYMENT METHOD AND/OR CANCEL YOUR AUTO-RENEWAL. YOU MAY ALSO CLICK THE “FREQUENTLY ASKED QUESTIONS” LINK ON THE SUPPORT MENU AT THE TOP OF ANY RESPIRATORY ASSOCIATES WEB PAGE (https://respiratoryassociates.com/faqs/) TO FIND CANCELLATION INSTRUCTIONS. WE WILL CONTINUE TO BILL YOUR PAYMENT METHOD ON AN ANNUAL BASIS FOR YOUR ANNUAL SUBSCRIPTION UNTIL YOU CANCEL.
Contact us at 682.302.4414 or at [email protected] if you have any questions regarding our billing policy. We prefer to work with our Users to resolve all issues to their satisfaction.
7. THIRD PARTIES LINKS, PRODUCTS, AND INTEGRATIONS
You may obtain access to other sites on the Internet through the pages on our Site. By providing this service, Respiratory Associates is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. The use of these third-party services/ add-ons require customers to agree to additional terms and conditions. Your dealings with, or participation in promotions of, third parties on the Internet, including payment and delivery of related goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that third party. Respiratory Associates is not responsible in any way for User’s data once it is transmitted, copied, or removed from our site by the User or under direction or control of the User. Respiratory Associates does not warrant or support any third-party content or services. You agree that Respiratory Associates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties’ links and/or ads or third party products and services accessed through the Site and Respiratory Associates expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof. We and/or third-parties may make available through the Site message boards, chat functionality and comment features to which you are able to post information and materials (each, a “Forum”). PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY AS WELL AS THIS AGREEMENT
Respiratory Associates does not warrant or support any third-party content or services and disclaims all liability for these items and their access to Respiratory Associates services, including their modification, deletion, or collection of customer data.
8. REPRESENTATIONS AND WARRANTIES
Respiratory Associates makes no representations or warranties with regard to the Site Content (including, without limitation, third party material), all of which are provided on an “as is” and/or “as available” basis. Respiratory Associates hereby disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Respiratory Associates makes no representations or warranties that the services provided by the Site will be uninterrupted or error-free, that defects will be corrected, or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, Respiratory Associates is not responsible for such costs. Respiratory Associates also makes no representations or warranties as to whether the information accessible via these pages, including information posted by Users or third parties, is accurate, complete, current, reliable or truthful. Respiratory Associates assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any User communications or personalization settings. Nothing on the Site shall be considered an endorsement, representation, or warranty with respect to any User or third-party, any website, product, service, experience, recruiting, hiring, or otherwise. No advice or information obtained by any User from Respiratory Associates or its personnel shall create any warranty not expressly provided for in this Agreement. You agree that any reliance on materials/information posted by Users or on any other form of communication with Users will be at your own risk. Respiratory Associates makes no representations or guarantees regarding the effectiveness or timeliness of the Site Content in meeting objectives of Users. You hereby represent and warrant that you (i) are using the Site Content solely for your own personal use and not for any business or research purpose; (ii) will not use the Site Content for commercial purposes and will not aggregate, redistribute or otherwise transmit the Site Content to any other individual or entity; and (iii) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Terms of Use Agreement or by applicable law.
9. LIABILITY DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RESPIRATORY ASSOCIATES AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND SITE CONTENT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY RESPIRATORY ASSOCIATES, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES (EVEN IF RESPIRATORY ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE OR THE SITE CONTENT. RESPIRATORY ASSOCIATES RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT RESPIRATORY ASSOCIATES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN RESPIRATORY ASSOCIATES’ MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL RESPIRATORY ASSOCIATES (ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF U.S. $50.00 OR THE AMOUNT OF YOUR MOST RECENT PAYMENT (IN THE EVENT YOU ARE A PAYING SUBSCRIBER), WHICHEVER IS LESS. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, RESPIRATORY ASSOCIATES’ AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. RESPIRATORY ASSOCIATES CANNOT AND DOES NOT CHECK EACH USER’S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE RESPIRATORY ASSOCIATES (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. PROPRIETARY RIGHTS
The Site and all rights, title, and interest in and to the Site is the sole property of Respiratory Associates and/or its Affiliates or licensors, and is protected by U.S. copyright and international treaties. ” Respiratory Associates ” and the Respiratory Associates design logo is registered service or trademarks. All related products and service names, design marks, and slogans are also the service marks or trademarks of Respiratory Associates. In addition, the “look” and “feel” of the Site (including color combinations, button shapes, layout, design, and all other graphical elements) are protected by Respiratory Associates’ trademarks, service marks, and copyrights.
11. FITNESS FOR USE
Respiratory Associates makes no representation as to appropriateness or availability for use of any of its Site Content in any particular location.
12. BINDING ARBITRATION
THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. If any dispute arises, you must first contact Respiratory Associates by email at [email protected], so that we can endeavor to resolve the issue. In the event that we cannot resolve a dispute within sixty (60) days of notification, then all disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) as it may be amended from time to time.
13. GENERAL TERMS
Entire Agreement. This Terms of Use Agreement constitutes the full agreement between you and Respiratory Associates and governs your use of the Site, superseding any prior agreements between you and Respiratory Associates with respect to the Site.
User Remedies. You acknowledge that, except as expressly provided elsewhere in this Agreement, your only right with respect to any dissatisfaction with any modification or discontinuation of service made by Respiratory Associates or any policies or practices in providing this Site or our products, including without limitation any change in content or any change in the amount or type of fees or charges associated with our products, is to cancel your subscription or user account, as applicable. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of the Respiratory Associates’ services.
Choice of Law and Forum. The Terms of Use and the relationship between you and Respiratory Associates shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Respiratory Associates agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Tarrant, Texas.
You agree to defend, indemnify, and hold harmless Respiratory Associates (and its officers, directors, employees, and agents) from and against any third-party claims, actions or demands (including, without limitation, costs, damages, and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site.
Waiver and Severability of Terms. The failure of Respiratory Associates to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Respiratory Associates reserves the right to update or amend these Terms of Use at any time without notice.
Term and Termination. This Agreement is effective until terminated. Respiratory Associates, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination, including deactivation or deletion of your password and user name, and all related information and files associated with it may happen without prior notice. Respiratory Associates is not liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you.
For purposes of service messages and notices about the services to you, notice shall consist of an email from Respiratory Associates to the email address associated with your account, regardless of any other information we may have. Respiratory Associates shall have no liability associated with your failure to maintain accurate contact information.
Customer Service. No customer service representatives used by Respiratory Associates are permitted to bind the company or contravene this Terms of Use Agreement. In addition, Respiratory Associates expressly disclaims any liability for information provided by its customer service representatives to the extent the information is inconsistent with the information set forth herein.
Section Titles. Section titles in this Terms of Use Agreement are for convenience only and have no legal effect.
Privacy Information. Please review our complete Privacy Policy which is fully incorporated by reference into this Terms of Use Agreement. If you have questions about any of the provisions described above, please contact us at [email protected].
