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Terms & Conditions

By using MDSpiro.com Services, you agree to these conditions. Please read them carefully.

When you make purchases on MDSpiro.com you will be subject to guidelines, terms and agreements applicable to that Service.

PRIVACY

Please review our Privacy Policy, which governs MDSpiro.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use MDSpiro.com, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through MDSpiro.com, such as text, graphics, logos, button icons, images, audio clips, digital downloads, blog, social media, and data compilations is the property of MDSpiro.com and is protected by United States and international copyright laws. The compilation of all content included in or made available through any MDSpiro.com interaction, service or sale is exclusive property of MDSpiro.com and protected by the U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, button icons, scripts, and names are trademarks of MDSpiro.com. These trademarks may not be used in connection with any product or service that is not MDSpiro’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MDSpiro.com.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, MDSpiro grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the site. This license does not include any resale or commercial use of any products, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by MDSpiro.com or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MDSpiro.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing MDSpiro’s name or trademarks without the express written consent of MDSpiro.

YOUR ACCOUNT

If you use MDSpiro.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MDSpiro.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.

RISK OF LOSS

All items purchased from MDSpiro.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS AND REFUNDS

If you are not 100% satisfied with an item that you have purchased from MDSpiro.com, you may return the item within 30 days from the order date for a full refund of the purchase price, minus shipping, handling or other charges.

The item must be returned in new condition, in its original box with all paperwork, manuals and accessories to ensure full credit.

To begin the return/refund process, call MDSpiro.com customer service at 1-800-588-3381, Monday – Friday from 9:00 am – 5:00 pm EST to receive a RGA (return goods authorization) number.

PRODUCT DESCRIPTIONS

MDSpiro.com attempts to be as accurate as possible. If a product offered by MDSpiro.com is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with stand industry practice; or the estimated retail value for a comparably featured item elsewhere.

WARRANTIES AND LIMITATION OF LIABILITY

The CO Check+, CO Check Pro, H2 Check, Micro 1, MicroCO, MicroLab, PulmoLife, MicroRPM, RP Check and SpiroUSB are warranted to be free from defects in workmanship and material for a period of two years from shipment date to customer.

The Alpha, Pneumotrac and Spiro√ spirometers are warranted to be free from defects in workmanship and material for a period of one year from shipment date to customer.

During the warranty period, any and all original parts and/or workmanship proven to be defective will be replaced or repaired by MDSpiro.com provided the equipment has been operated and maintained in accordance with the instructions contained in the operator’s manual. This warranty does NOT apply to the normal life of expendable parts such as batteries, fuel cells or disposables. This warranty applies to the original user only and does not extend to any product or component which has been repaired or altered by anyone other than personnel authorized by MDSpiro.com. This warranty is in lieu of and excludes any warranty as to merchantability and all other warranties expressed or implied and does not cover consequential damages due to improper use or application of the product.

To begin the return/repair process, call MDSpiro.com customer service at 1-800-588-3381, Monday – Friday from 9:00 am – 5:00 pm EST to receive a RGA (return goods authorization) number.

DISPUTES

Any dispute or claim relating in any way to your use of MDSpiro.com, or to any products or services sold or distributed by MDSpiro.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.