- Modification of Terms
- Limitation of Liability
- Third Party Content/Software
- Copyright and Trademarks
- Proprietary Rights in Web Site
- Copyright Notice
- Indemnification and Release
- Shut-Down of Site
- Philips Products
- Safe Harbor' Statement under the Private Securities Litigation Reform Act of 1995
- Dispute Resolution
- No Waiver
This website ("Web Site") is offered to you by Respironics Colorado, Inc., 12301 Grant St # 190, Thornton, CO 80241, U.S.A., an affiliate of Philips North America LCC, 3000 Minuteman Road, Andover, MA 01810, U.S.A. ("Philips").
2. Modification of Terms
Philips reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. Philips reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER.
This website may contain general information relating to medical conditions, including their treatment or diagnosis. Such information is provided for informational and educational purposes only and is not a substitute for medical advice of your doctor or other health care professional. Always seek the advice of your doctor or other health care provider with any questions you may have about any medical condition, diagnosis, treatment, or other medical question. Neither Philips nor its subsidiaries, affiliates, partners, licensors, brand licensees, or suppliers provide medical advice. Never disregard professional medical advice or delay in seeking it because of something you have seen or read on this website.
ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". PHILIPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither Philips nor its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
Philips and its subsidiaries, affiliates, partners, licensors, brand licensees and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by Philips are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. To the extent permitted by applicable law, you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register. This registration is free of charge.
When you register, you must choose a unique user name and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail www.philips.com/siteowner. We may, at our own discretion, bar registration from any specific e-mail service or ISP.
6. Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHILIPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, OR THE CONTENT, EVEN IF PHILIPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF PHILIPS.
7. Third Party Content/Software
Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. PHILIPS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
8. Copyright and Trademarks
Copyright and all other proprietary rights in Content provided by Philips, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to Koninklijke Philips N.V. and / or its brand licensees, other partners or licensors. All rights in the Content not expressly granted herein are reserved. PHILIPS is a registered trademark of Koninklijke Philips N.V.
PHILIPS and all other registered trademarks of Koninklijke Philips N.V. and its affiliates are important assets of the company. Proper use of these trademarks is important and you should follow the instructions of Philips when referencing our company’ products and services.
The use and registration of the PHILIPS name is exclusively reserved to our company. You may neither register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the Philips name or any name similar thereto or any name which consists of a part of the Philips name forms part nor shall it include any other registered trademark owned by Koninklijke Philips N.V.
9. Proprietary Rights in the Web Site
This Web Site is public by nature. You acknowledge that any submitting of any inventions embodied in any Content provided by you shall constitute a "publication" of such invention under applicable patent laws.
You acknowledge that any Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of Philips, its subsidiaries, affiliates, brand licensees, other partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other Content submitted to the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.
10. Copyright Notice
The Content on this Website, including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights for the Content are owned by Philips or by one of its affiliates, or by third parties who have licensed their materials to Philips. The entire Content of this Website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Philips owns the copyright in the selection, coordination, arrangement and enhancement of the Content. You may download, store, print, and copy selected portions of the Content of this Website, provided you:
• Only use the Content you download for your personal, noncommercial use or to further your business dealings with Philips;
• Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Philips;
• Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Philips;
• Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.
No right, title or interest in the downloaded Content is transferred to you when you download Content from this Website. Philips reserves all intellectual property rights in any Content you download from this Website. Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from Philips.
You hereby grant to Philips, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sub-licenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish Content provided by you, on this Web Site or any other Philips web site or in other Philips marketing or public relations materials in any and all media.
Digital Millennium Copyright Act Compliance
If you know or suspect that any of the materials on this Web Site) have been used or copied in a way that constitutes copyright infringement, please send notice to Philips' designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows:
By Mail: Philips International B.V.,
Corporate Legal Department
PO Box 77900
By Fax: Philips International B.V.,
Corporate Legal Department
+ 31 20 5977230
The preceding information is provided exclusively for notifying Philips that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding Content, will not receive a response through this process.
11. Indemnification and Release
You release Philips, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Web Site to the fullest extent permitted by applicable law.
12. Shut-Down of Site
We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content submitted to the Web Site.
13. Philips Products
The Web Site may contain references to specific Philips products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Philips business contact for further information.
14. Safe Harbor' Statement under the Private Securities Litigation Reform Act of 1995
The information on this website may contain certain forward-looking statements with respect to the financial condition, results of operations and business of Philips and certain of the plans and objectives of Philips with respect to these items. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements. Examples of forward-looking statements include the statements we have made about our strategy, estimates of sales growth, future EBITA and cost savings, future developments in our organic business as well as the benefit of future acquisitions, and our capital position. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances and there are many factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. The forward looking statements are subject to, among other things, domestic and global economic and business conditions, the successful implementation of our strategy, our ability to identify and complete successful acquisitions and to integrate those acquisitions into our business, consumer preferences with respect to our existing and new products, our ability to develop and market new products, our ability to realize the benefits of this strategy , the policies and actions of governmental and regulatory authorities, changes in legislation, and the impact of competition – a number of which factors are beyond our control. As a result, our actual future results may differ materially from the plans, goals, and expectations set forth in such forward-looking statements. Additional risks and factors are identified in our documents filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) including in our most recent Annual Report on Form 20-F, which is available on the SEC’s website at www.sec.gov. Any forward-looking statements made by or on our behalf speak only as of the date they are made. We do not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the SEC.
15. Dispute Resolution
17. No Waiver
Thank you for using our Web Site.
May 1, 2018