Terms of Use

By accessing, browsing and/or using this web site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Masimo Corporation from its offices within the United States.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of California.

DISCLAIMER

This Site is provided for general informational purposes only, without warranty, either expressed or implied. Information contained in this Site is provided "AS-IS." This information may contain typographical errors, technical errors or other inaccuracies and may be changed or updated without notice. Improvements and/or changes in products described in this web site may be made at any time without notice. Hypertext links to other web sites are not under the control of Masimo and Masimo is not responsible for the content of any linked site. Masimo is providing these links as a convenience, and the inclusion of any link is not an endorsement by Masimo, accessing links is at the user's own risk. Further, Masimo makes no representation that materials in the Site are appropriate or available for use in locations outside the United States, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

Masimo may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. Masimo may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MASIMO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MASIMO DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MASIMO ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. MASIMO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

COPYRIGHT

© 2010 Masimo Corporation.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on the Site are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the content. You agree to abide by and all additional copyright notices, information, or restrictions contained in any content on the Site. As a user of this Site you may copy or store content on this Site so long as the use is limited to informational purposes only and include any copyright notice originally appearing with such content. Any other use of the Site’s content without the prior written permission of Masimo or the copyright holder identified in the copyright notice is prohibited.

TRADEMARKS

The following are registered trademarks of Masimo Corporation: Accurate Monitoring When You Need It Most, Androscope, Androsonix, Cleanshield, Closer To The Heart, DCI, Discrete Saturation Transform, DST, Fastsat, FST, iStethos, Improving Patient Outcome And Reducing Cost of Care, Improving Patient Outcome And Reducing Cost of Care...by Taking Non-Invasive Monitoring To New Sites And Applications, LNCS, LNOP, Masimo, MS-3, MS-5, MS-7, MX-1, Personal Pulse Oximeter, PPO+, PVI, Rad, Rad-5, Rad-8, Rad-9, Rad-link, Radical, (Radical logo design), RadNet, Rainbow, SatShare, Sensaid, SET, Signal Extraction Pulse CO-Oximeter, Signal Extraction Technology, Signal I.Q., SpCO, SpHb, SpMet, spo2.com, TF-I, and The Proof Is In The Performance.

The following are trademarks of Masimo Corporation: 3D Alarms, Adaptive Probe Off Detection, APOD, ARM, ARRM, BiFi, Blue, Fast Saturation Transform, ICI, ISOP2, Patient SafetyNet, Powered by Fascination, Pronto, Pulse CO-Oximeter, Pulse CO-Oximetry, RAM, Red, RRA, SIQ, SpOC, Rad-5v, Rad-57, Radical-7, Rad-87, Softouch, SpAO₂, , and USPO₂.

E-Commerce Terms and Conditions of Sale

PRESCRIPTION ONLY

Many of Masimo's Products are subject to regulation by the United States Food and Drug Administration and state and local regulatory agencies. Therefore only authorized purchasers may purchase items from this website. Masimo will verify that you are an authorized purchaser of its Products before shipping any Products.

TERMS AND CONDITIONS

The terms and conditions (the "Agreement") control the purchase of the products and services sold in the United States through this website. By placing your order for products, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be subject to these terms and conditions, you must promptly cancel your order. These terms and conditions contain the entire understanding between Masimo and you; supersede all prior understandings, written or oral, regarding the subject of this Agreement. This Agreement may not be waived or modified except in writing by Masimo.

PRICE AND DELIVERY

Masimo shall furnish the products or services in accordance with the price stated at the time of purchase.

PACKAGING AND SHIPPING

An itemized packing list shall accompany each shipment. Shipping dates are estimates only.

DELIVERY

All orders placed through this Site must to shipped to an address within the United States. Shipping and handling are additional charges unless stated otherwise at the time of placing the order. Title to products passes from Masimo to you upon shipment to you.

PAYMENT

Unless otherwise agreed, payment is due at the time of sale. All payments must be made in US dollars. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method. Your order is subject to cancellation by Masimo, in Masimo’s sole discretion. Masimo reserves the right to make partial deliveries. Service charges of 1.5% per month or the maximum rate permitted by law, if lower, may be charged on past due amounts. The carrier shall not be construed to be an agent of Masimo. Masimo shall not be held responsible for delays by carrier to make deliveries for any cause. Unless you provide Masimo with a tax exemption certificate applicable to your purchase of product and the product ship-to-location, you are responsible for sales and other taxes associated with the order.

WARRANTY

ASIDE FROM WARRANTIES SET FORTH IN THE END USER DOCUMENTATION PROVIDED WITH EACH PRODUCT, ARE IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES, ARISING BY OPERATION OF LAW OR OTHERWISE, AND NO OTHER WARRANTIES EXIST, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. MASIMO WILL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE EQUIPMENT AND SOFTWARE, EVEN IF MASIMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

RESTRICTIONS

The products contain Masimo’s proprietary software, trade secrets and other proprietary information (collectively, "Intellectual Property"). Masimo grants to Buyer a non-exclusive, non-transferable, perpetual license to use the Intellectual Property in connection with its authorized use of the products. This Agreement does not constitute a sale of any Intellectual Property. Possession or purchase of Masimo’s pulse oximeters ("Oximeters") does not convey any express or implied license to use the Oximeters with unauthorized sensors or cables that would, alone, or in combination with the Oximeters, fall within the scope of one or more of the patents relating to the Oximeters. Sensors designated for single patient use only are only licensed to be used on a single patient, and Buyer shall not use single patient sensors which have been reprocessed or previously used with a different patient, unless specifically authorized by Masimo. There is no license, implied or otherwise, that would allow use of disposable Sensors beyond their intended single use. Buyer will not permit the Oximeters to be used by anyone other than Buyer's qualified and trained personnel. Except for use of the serial port to transmit data from Masimo’s Oximeters to other oximeters, modification or connection of other equipment to Oximeters, including software, hardware and related instruments cannot be made without Masimo's prior written authorization, which authorization may be withheld at Masimo’s sole discretion. The Oximeters and other products or services acquired hereunder may not be used for any processes, procedures, experiments or any other use for which the products/services are not intended for use or cleared for use by the Food and Drug Administration (FDA). Buyer may not disclose, publish, translate, release, distribute copies of, modify, adapt, translate, or create derivative works of the products, services deliverables, software/firmware or written materials. Buyer may not reverse engineer, decompile or disassemble the products, services deliverables or software, except to the minimum extent that Masimo is prohibited under applicable law from prohibiting such use. Use of software is also subject to the license terms, exclusions and restrictions set forth in the directions for use.

COMPLIANCE WITH LAWS

Masimo warrants that in performance of this Agreement it has complied with or will comply with all applicable laws, regulations and ordinances. You agree to comply with all applicable laws and regulations of the various states and the United States. You agree and represent that you are buying for your internal use only, and not for resale or export. You further acknowledge that the products you are purchasing are regulated by the U.S. Food and Drug Administration and that you are an authorized purchaser of such regulated products. Masimo will verify that you are an authorized purchaser of its Products before shipping any products and reserves the right to cancel any order if it cannot verify your status as an authorized purchaser of the products.

RELATIONSHIP BETWEEN PARTIES

Nothing in this Agreement shall be construed as creating any partnership, joint venture, or agency between the parties.

NOTICES

All notices shall be in writing and delivered either by hand or certified mail to Masimo Corporation, 40 Parker, Irvine, CA 92618. Notice shall be deemed to have been given upon receipt if delivered by hand or if given by certified mail, upon expiration of seven days after mailing.

APPLICABLE LAW

This Agreement is governed by the laws of California, USA without regard to its conflict of laws provisions.