Terms and Conditions

Last updated June 21, 2025

AGREEMENT TO OUR LEGAL TERMS

We are MDL Solutions Inc., doing business as Emergent Respiratory ("Company," "we," "us," or "our"), a company registered in Minnesota, United States, located at 705 Tower Drive, Hamel, MN 55340.

We operate the website https://emergentcpap.com (the "Site"), including any associated features, tools, and account services (collectively, the "Services"). These Services include online ordering, account creation, order history access, and the ability to upload documentation for organization and individual authentication or verification purposes.

You can contact us by phone at (+1) 612-542-7979, by email at contact@emergentcpap.com, or by mail at the address above.

These Legal Terms constitute a binding agreement between you (whether personally or on behalf of an organization) ("you") and MDL Solutions Inc. By accessing or using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICES.

We may update these Legal Terms from time to time. When we do, we will update the “Last Updated” date at the top of this page. Your continued use of the Site or Services after any changes are posted constitutes acceptance of those changes.

These Legal Terms will be interpreted in accordance with all applicable laws. If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Our Site and Services are intended for use by individuals 18 years of age or older acting on behalf of licensed healthcare organizations or other qualifying institutions. The Site is not intended for general consumer use, except where accessed for informational or educational purposes only.

We recommend that you print or save a copy of these Legal Terms for your records.


TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. SUBSCRIPTIONS

8. RETURN POLICY

9. PROHIBITED ACTIVITIES

10. USER GENERATED CONTRIBUTIONS

11. CONTRIBUTION LICENSE

12. GUIDELINES FOR REVIEWS

13. THIRD-PARTY WEBSITES AND CONTENT

14. SERVICES MANAGEMENT

15. PRIVACY POLICY

16. TERM AND TERMINATION

17. MODIFICATIONS AND INTERRUPTIONS

18. GOVERNING LAW

19. DISPUTE RESOLUTION

20. CORRECTIONS

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

23. INDEMNIFICATION

24. USER DATA

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

26. CALIFORNIA USERS AND RESIDENTS

27. MISCELLANEOUS

28. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The FDA-approved medical devices offered by MDL Solutions Inc. (doing business as Emergent Respiratory, “we,” “our,” or “Company”) are intended for the treatment of respiratory distress and meet the regulatory requirements of the U.S. Food and Drug Administration (FDA) for safety and efficacy. These devices are offered for sale exclusively to licensed medical service organizations, at the direction of authorized prescribers or individuals acting on their behalf. All use of medical devices obtained through the Services must be directed by licensed medical professionals in accordance with approved indications and training.

The information provided on this website, including educational materials and product descriptions, is for informational purposes only and is not intended to replace professional medical advice or serve as a substitute for consultation with a licensed healthcare provider. Devices purchased through the Services must be used strictly in accordance with their approved indications and accompanying instructions for use. Improper, unauthorized, or off-label use is prohibited and may result in adverse outcomes for which we assume no liability, subject to the limitations outlined in Section 22 of these Legal Terms.

Users of the Services agree to comply with all applicable laws and regulations, including the Federal Food, Drug, and Cosmetic Act (FDCA) and all related FDA requirements regarding labeling, marketing, distribution, and use. Any unauthorized use, resale, export, or distribution of these devices in violation of the FDCA or any other applicable law is strictly prohibited and may result in legal action. Products may not be exported, resold, or redirected outside their authorized destination country, including through freight forwarding services, without prior written consent from the Company.

2. INTELLECTUAL PROPERTY RIGHTS

Platform and Software Infrastructure
The Site and Services are built and hosted on third-party platforms, including Shopify Inc., and may include applications developed by third-party providers or by us in-house. We do not claim ownership of the underlying source code, software architecture, or functionality provided by those third-party services. We use these services under license or agreement. For any software, scripts, or tools developed internally, we retain all associated intellectual property rights.

Product Designs, Content, and Branding
We are the sole owner of all intellectual property associated with Emergent Respiratory and MDL-branded products, including device designs, configurations, packaging, documentation, and all related marketing materials. This includes product descriptions, educational content, images, and other proprietary assets made available through the Services.

We also lawfully sell and incorporate third-party products under authorized or permitted distribution arrangements. All trademarks, designs, or branding associated with such third-party products remain the property of their respective owners and are used solely for lawful sale, representation, or bundling within our offerings.

License to Use the Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

  • access the Services; and

  • download or print a copy of any portion of the Content to which you have properly gained access, solely for your organization’s internal operational or reference use, except where such content is explicitly marked as restricted or non-distributable.

Except as expressly permitted in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise used for any commercial purpose without our prior written consent.

If you wish to make any use of the Services, Content, or Marks not expressly permitted by these Legal Terms, you must submit a request to: contact@emergentcpap.com. If such permission is granted, you must ensure that all copyright or proprietary notices remain visible and that we are properly identified as the source.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any unauthorized use or violation of these rights constitutes a material breach of these Legal Terms and will result in the immediate termination of your right to use the Services.

Submissions
If you voluntarily submit any feedback, testimonial, review, or suggestion through the Services or via email, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for marketing, promotional, or operational purposes, subject to our discretion. You represent and warrant that such content is original to you and does not infringe upon the intellectual property or confidentiality rights of any third party.


3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity to enter into these Legal Terms and you agree to comply with them; (4) you are at least 18 years old, are not considered a minor under the laws of your jurisdiction, and are authorized to act on behalf of your organization or agency; (5) you will not access the Services through automated or non-human means, whether via bot, script, or otherwise; (6) you will not use the Services for any illegal, unauthorized, or prohibited purpose; and (7) your use of the Services will not violate any applicable law or regulation; (8) if you are using the Services on behalf of an organization or other legal entity, you have the authority to bind that entity to these Legal Terms.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).


4. USER REGISTRATION

To access certain features or place orders through the Services, you may be required to register for an account using a valid email address and provide accurate organization and contact details. You agree to keep your login credentials confidential and accept responsibility for all activity that occurs under your account.

Some features, including extended payment options or organizational purchasing access, may require completion of a more comprehensive registration process and are subject to manual review. The Company reserves the right to grant, limit, or revoke access to such features at any time—except where doing so would conflict with the terms of a signed agreement between you and the Company.

The Company also reserves the right to verify, restrict, or deactivate any account if the registration information provided appears inaccurate, misleading, fraudulent, or inappropriate, in its sole discretion. This includes, but is not limited to, the use of offensive, deceptive, or non-genuine email addresses or account details.

The Company may, at its discretion, consolidate or modify account access associated with a specific organization or purchasing entity to ensure accurate alignment with internal records.


5. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available through the Services. However, we do not guarantee that such representations will be accurate, complete, reliable, current, or free of errors. In particular, variations may occur due to electronic display differences, packaging updates, or supplier changes.

Some products offered through the Services may include components manufactured by third parties or may be sold as part of bundled kits. Where necessary, the Company reserves the right to substitute equivalent components of equal or greater quality based on availability, provided that such substitutions do not materially affect the product's intended function or violate any pre-existing written agreement between you and the Company.

All products are subject to availability, and we cannot guarantee that any item will remain in stock. The Company reserves the right to discontinue or modify any product at any time, for any reason, without prior notice.

Prices for all products are subject to change without notice, except where a written agreement between you and the Company provides otherwise. Certain products may also be subject to regulatory restrictions and may only be sold to authorized purchasers in compliance with applicable laws and regulations.


6. PURCHASES AND PAYMENT

We accept the following forms of payment:


  • Visa

  • Mastercard

  • American Express

  • Discover

  • ACH Transfer

  • Check


In addition to the above methods, we offer Net 30 payment terms to approved customers. Net 30 is not a payment method, but a billing arrangement whereby payment is due within 30 calendar days of the invoice date. Orders placed with Net 30 terms that are not paid via ACH or check may be subject to additional processing fees.

You agree to provide current, complete, and accurate purchase and account information for all transactions made through the Services. You further agree to promptly update your account details, including billing address, payment method, and contact information, to ensure timely processing of orders and communication, as needed.

Sales tax will be added to the price of purchases as required by applicable law or internal tax determination policies. All prices and payments are denominated in U.S. dollars unless otherwise explicitly denoted by currency code and acronym. Prices are subject to change without notice, except where otherwise specified in a written agreement with the customer.

You agree to pay all charges at the prices in effect at the time your order is placed, including applicable shipping fees. You authorize us to charge your selected payment method for the full amount due at the time of order submission. The Company reserves the right to correct any pricing errors, even after payment has been requested or received.

We reserve the right to refuse, limit, or cancel any order at our sole discretion. This includes the right to limit quantities per customer, per organization, or per order, and to restrict transactions that, in our judgment, appear to be placed by resellers, distributors, or entities acting outside the intended scope of the Services.

The Company also reserves the right to cancel and refund any order that appears to be illegitimate, fraudulent, or placed in violation of these Legal Terms. In such cases, refunds may be issued minus any non-refundable transaction fees incurred by the Company, provided such deduction is permitted by applicable law and payment processor policies.

 

Late Payments

We reserve the right to assess interest on past-due balances at an annual rate of up to 10% APR, compounded daily, or the maximum rate permitted by law—whichever is lower. This decision will be made on a case-by-case basis and is subject to applicable legal constraints. If payment is delayed due to the customer’s failure to provide accurate billing or invoicing information (including organization name, address, tax ID, or contact email), any applicable late fees may still apply. It is the customer’s responsibility to ensure that all required billing details are correct and up to date at the time of order submission.

 

ACH Transfer and Net 30 Eligibility

ACH transfers and Net 30 terms are available only to customers who have completed the necessary approval process. Eligibility for these options is determined at the sole discretion of the Company and must be confirmed prior to order placement. To request access to these payment terms, please contact: contact@emergentcpap.com


7. SUBSCRIPTIONS

Certain products and services offered through the Services may be made available through recurring subscription plans (“Subscription Services”), including but not limited to equipment leases, scheduled service programs, or automated supply shipments.

Billing and Renewal
If you enroll in a Subscription Service, your subscription will automatically renew at the frequency stated in your order confirmation or agreement. You authorize MDL Solutions Inc. to charge your designated payment method on a recurring basis for each billing cycle until you cancel or the subscription term ends. A receipt or billing confirmation will be issued after each charge.

Cancellation
You may cancel your subscription at any time by logging into your account or contacting contact@emergentcpap.com. Cancellations will take effect at the end of the current billing cycle unless otherwise agreed in writing. Subscription payments already collected are non-refundable unless required by law or explicitly stated in a written agreement between you and the Company.

Fee Changes
We may modify the pricing or terms of Subscription Services with reasonable advance notice, in accordance with applicable law. Any such changes will be communicated to the primary contact on file for the account. If you do not agree to the updated pricing or terms, you must cancel the subscription prior to the next renewal.

Contract-Based Subscriptions
For organizations enrolled in Subscription Services governed by a signed agreement or service contract, the terms of that agreement will supersede any conflicting provisions in this section. Subscription availability may vary by customer type, location, or other eligibility criteria, and we reserve the right to approve or deny access to Subscription Services at our sole discretion.


8. RETURN POLICY

All sales are final and non-refundable, except in cases where a product is received in defective condition attributable to the Company, or where otherwise required by law. All shipments are FOB Origin, unless otherwise stipulated in a signed agreement between the customer and the Company. Responsibility for loss or damage in transit transfers to the customer upon delivery to the carrier.

If you receive a product with a manufacturing defect, you must notify us within 30 days of delivery by contacting contact@emergentcpap.com. Upon verification of the defect, we will provide either a replacement or, at our sole discretion, a refund. If a return is required, the Company will cover return shipping costs using the method it deems most cost-effective (“Best Way”). If, upon inspection, the product is found not to be defective, return shipping costs will be invoiced to the customer.

Returns for any other reason are not accepted. This includes dissatisfaction with a product’s specifications, packaging, or compatibility where the product was delivered as described.

Due to regulatory, safety, and hygiene considerations, opened items, used medical devices, or products designated as single-use, sterile, or perishable are not eligible for return under any circumstances, unless determined to be defective.


9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than those expressly permitted by the Company. The Services may not be used in connection with any commercial activities except those specifically authorized or approved by the Company in writing.

As a user of the Services, you agree not to:

  • Use the Services in any way that violates applicable law or regulation.
    Submit false, misleading, or incomplete information through any form or registration process.
  • Misrepresent your affiliation with an organization or act on behalf of an organization without proper authorization.
  • Attempt to deceive, defraud, or mislead the Company or other users, including attempts to gain access to sensitive or restricted data, such as account information or verification systems.
  • Use the Services to make purchases on behalf of another organization or for the purpose of resale without the Company’s express written consent.
    Interfere with, circumvent, or disable any technical features of the Services designed to limit access, enforce licensing terms, or protect proprietary content.
  • Systematically retrieve, scrape, or compile data or content from the Services to create or republish a collection, compilation, or database without written permission.
  • Upload or transmit viruses, malicious code, or other content that could disrupt, damage, or limit the functionality of the Services or interfere with another user’s experience.
  • Engage in unauthorized linking to, or framing of, the Site or its content.

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structure of any part of the Services, except as expressly permitted by applicable law.

  • Remove or alter any copyright, trademark, or proprietary notices from any portion of the Services or content.

  • Use any automated system, bot, script, or tool to access, interact with, or make purchases through the Services unless explicitly authorized.

  • Engage in conduct intended to harass, threaten, or abuse employees, representatives, or other users.

  • Submit content or communications that are defamatory, obscene, discriminatory, harassing, false, or otherwise unlawful or objectionable.

  • Attempt to impersonate another person or organization, or misrepresent your identity or intent while using the Services.

  • Use the Services to compete with the Company or for any unauthorized commercial purpose.

  • Use excessive or abusive communication methods (e.g., spamming, mass emailing without authorization, or continuous unsolicited contact).

  • Use a buying agent or purchasing agent to place orders through the Services without prior written approval from the Company.

The Company reserves the right to investigate and take appropriate legal action for any violation of this section, including suspension or termination of access and pursuing civil or criminal remedies where applicable.

10. USER GENERATED CONTRIBUTIONS

The Services do not provide users with a public platform to submit or post content, such as comments, reviews, or forums. As such, there are no user-generated contributions publicly displayed through the Services at this time.

However, if in the future the Services allow for features such as testimonials, feedback, or other user-submitted content (e.g., for use in marketing or customer case studies), those submissions will be governed by additional terms, including rights of use and attribution, which will be provided at the time of submission.


11. CONTRIBUTION LICENSE

You acknowledge and agree that the Company may access, store, process, and use any information or personal data you provide in accordance with our [Privacy Policy] and your stated preferences or settings.

If you submit any feedback, suggestions, or ideas related to the Services, products, or operations of the Company—whether through email, forms, or other means—you grant the Company a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, display, distribute, and modify such feedback for any lawful purpose, including commercial and product development uses, without acknowledgment or compensation to you.

This license survives the termination of your relationship with the Company and continues even if the feedback is not incorporated into any final product or service.


12. GUIDELINES FOR REVIEWS

If the Services provide an area for users to submit testimonials, reviews, or ratings, the following guidelines apply:

(1) Reviews must reflect a genuine, firsthand experience with the product, service, or interaction.
(2) Reviews must not contain profanity, abusive or hateful language, or personal attacks.
(3) Reviews must not include discriminatory language based on race, gender, religion, national origin, disability, sexual orientation, or any other protected class.
(4) Reviews must not promote or reference illegal conduct.
(5) Reviews submitted by competitors or affiliates of competitors must disclose that relationship and may be excluded if deemed misleading.
(6) Reviews must not contain legal claims or assertions of unlawful conduct.
(7) Reviews must not include false, misleading, or unsubstantiated claims.
(8) Coordinated campaigns to artificially influence review content or volume (positively or negatively) are prohibited.

We reserve the right to accept, reject, or remove reviews at our sole discretion, with or without notice. Reviews are user-submitted content and do not necessarily reflect the opinions or positions of the Company or its affiliates.

By submitting a review, you grant the Company a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, translate, publish, display, and distribute the content in connection with our marketing, promotional, and operational efforts.


13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to third-party websites (“Third-Party Websites”) or display, reference, or incorporate content originating from third parties (“Third-Party Content”), including but not limited to articles, graphics, audio, video, software, or applications.

Such Third-Party Websites and Third-Party Content are not reviewed, endorsed, or verified by the Company for accuracy, appropriateness, or completeness. We are not responsible for the availability, functionality, content, privacy practices, or any other aspect of Third-Party Websites or Third-Party Content accessed through or displayed on the Services.

Inclusion of or linking to Third-Party Websites or Content does not imply any affiliation, endorsement, or recommendation by the Company. If you choose to access or interact with any Third-Party Website or Content, you do so at your own risk. Your use of those services is governed solely by the terms and policies of the respective third party, and not by these Legal Terms.

Any purchases you make from Third-Party Websites are solely between you and the third party. We disclaim any responsibility or liability for such transactions, and you agree to hold the Company harmless from any losses, disputes, or damages arising from your interactions with Third-Party Websites or your reliance on Third-Party Content.


14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

(1) monitor the Services for compliance with these Legal Terms;
(2) take appropriate legal action against any user who, in our sole discretion, violates applicable laws or these Legal Terms, which may include reporting such violations to law enforcement authorities;
(3) restrict, suspend, or terminate access to the Services, or disable any content or data, if we determine—at our sole discretion—that such action is necessary to prevent harm, ensure compliance, or protect the integrity of our systems;
(4) remove or disable any files or content from the Services without prior notice if we determine they are excessive in size or place an undue burden on our infrastructure; and
(5) otherwise manage the Services in a manner designed to safeguard the Company’s rights and assets, and to ensure secure, reliable, and lawful use by all users.


15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://emergentcpap.com/pages/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.


16. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services.

Without limiting any other provision of these Legal Terms, the Company reserves the right, in its sole discretion and without notice or liability, to deny access to and use of the Services (including by blocking certain IP addresses) to any individual or organization, for any reason or no reason, including without limitation for breach of any representation, warranty, covenant, or applicable law.

The Company may suspend or terminate your use of the Services, including deleting your account or any submitted information, at any time and without warning, in its sole discretion. This right to suspend or terminate shall not apply to customers operating under a written and signed agreement with the Company, except as permitted by the terms of such agreement.

If your account is suspended or terminated, you may not register or create a new account under your name, a false identity, or the name of any third party, even if acting on their behalf. The Company also reserves the right to pursue appropriate legal remedies, including but not limited to civil, criminal, and injunctive relief.


17. MODIFICATIONS AND INTERRUPTIONS

The Company reserves the right to change, modify, or remove the contents of the Services at any time, for any reason, and at its sole discretion, without prior notice. While we may choose to update information on the Services periodically, we are under no obligation to do so.

We also reserve the right to modify or discontinue all or any part of the Services at any time without notice. The Company will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

We do not guarantee that the Services will always be available or operate without interruption. Maintenance, updates, system failures, or external disruptions may result in temporary downtime or service delays. You acknowledge and agree that the Company has no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any such periods.

Nothing in these Legal Terms obligates the Company to maintain or support the Services, or to provide any corrections, updates, or new releases.


18. GOVERNING LAW

These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to any conflict of law principles. All agreements are deemed to have been made and are to be fully performed within the State of Minnesota.


19. DISPUTE RESOLUTION

At MDL Solutions Inc. (Doing Business as Emergent Respiratory) (the “Company”), we prioritize resolving disputes efficiently and amicably. If a dispute arises between you and the Company regarding these Legal Terms or your use of the Services, the following steps will apply:

(1) Mediation (Preferred):
Both parties agree to first attempt to resolve any dispute through mediation. Mediation will be conducted by a neutral third-party mediator mutually agreed upon by the parties. Mediation will take place in the State of Minnesota, unless another location is mutually agreed upon. The parties will share the costs of mediation equally. Mediation shall be completed within 60 days of a mediation request unless both parties agree to an extension. The mediator’s role is to facilitate discussion; any resolution reached through mediation will be non-binding unless both parties enter into a written settlement agreement.

(2) Arbitration (If Mediation Fails):
If the dispute is not resolved through mediation, the parties agree to submit the matter to binding arbitration. Arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA), or another arbitration body mutually agreed upon by the parties. Arbitration will take place in the State of Minnesota, unless otherwise legally required to occur elsewhere. The arbitrator’s decision will be final and binding on both parties, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

(3) Legal Action (Last Resort):
If the dispute is not resolved through mediation or arbitration, either party may pursue formal legal action. Such legal action must be brought exclusively in the state or federal courts located in Minnesota, unless otherwise legally required to take place in another jurisdiction. Both parties consent to the personal jurisdiction of these courts and waive any objections based on venue.

Nothing in this section prevents either party from seeking injunctive or equitable relief to protect their rights while mediation or arbitration is pending. In the event of a conflict between these Legal Terms and the terms of a signed written agreement between you and the Company—such as a master service agreement, vendor contract, purchase terms, or pricing agreement—the signed agreement shall prevail.


20. CORRECTIONS

The Services may contain typographical errors, inaccuracies, or omissions, including but not limited to information related to product descriptions, pricing, availability, or other content. The Company reserves the right to correct any such errors, inaccuracies, or omissions and to update or change the information on the Services at any time, without prior notice.

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
ALL CONTENT, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED FOR GENERAL ORGANIZATIONAL REFERENCE AND OPERATIONAL SUPPORT ONLY. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE, AND NOTHING CONTAINED ON THE SITE OR COMMUNICATED THROUGH THE SERVICES SHOULD BE INTERPRETED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT, DIAGNOSIS, OR TREATMENT. END USERS ARE EXPECTED TO RELY ON THEIR OWN MEDICAL TRAINING AND THE DIRECTION OF LICENSED MEDICAL PROFESSIONALS WHEN USING ANY PRODUCTS OR MATERIALS OBTAINED THROUGH THE SERVICES.
NOTHING IN THESE DISCLAIMERS IS INTENDED TO OR SHALL BE CONSTRUED TO OVERRIDE ANY REQUIREMENT IMPOSED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA), OTHER REGULATORY AGENCIES, OR APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT:
(1) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE;
(2) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(3) FILES OR DATA DOWNLOADED FROM THE SERVICES WILL BE FREE OF VIRUSES OR HARMFUL CODE; OR
(4) THE SERVICES WILL MEET ANY PARTICULAR PERFORMANCE OR OUTCOME EXPECTATIONS.
THE COMPANY DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR LINKED THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR EVALUATING THIRD-PARTY CONTENT AND USING APPROPRIATE CAUTION IN INTERACTIONS WITH THIRD PARTIES.


22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL THE COMPANY, OR ITS DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES—INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR PERSONAL INJURY—ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, PRODUCTS OBTAINED THROUGH THE SERVICES, OR THESE LEGAL TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S MAXIMUM CUMULATIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR THE SERVICES OR PRODUCTS FROM WHICH THE CLAIM AROSE, IN THE SIX (6) MONTHS PRIOR TO THE INITIAL CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES. IN SUCH CASES, PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND ARE SUBJECT TO ANY DIFFERENT OR ADDITIONAL TERMS EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, including its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, arising out of or relating to: (1) your use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations or warranties set forth in these Legal Terms; (4) your violation of the rights of any third party, including but not limited to intellectual property rights; or (5) any intentional or overtly harmful act committed by you toward another user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with such defense at your expense. The Company will use reasonable efforts to provide you with prompt notice of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.


24. USER DATA

We may maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. While we perform routine backups of such data, you acknowledge and agree that you are solely responsible for maintaining copies of any data you transmit or generate through your use of the Services. To the fullest extent permitted by law, the Company shall not be liable to you for any loss, corruption, or inaccessibility of such data, and you hereby waive any right of action against the Company arising from any such loss or corruption.


25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically—whether via email or through the Services—satisfy any legal requirement that such communications be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or through the Services. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records, or that mandate payments or the granting of credits by non-electronic means.

Data Deletion Requests: Subject to applicable laws and regulatory obligations, you may request the deletion of your personal account data. However, the Company is obligated to retain certain records for regulatory and quality system compliance, including but not limited to requirements under the U.S. Food and Drug Administration (FDA) and other local authorities, which may require record retention for five (5) to fifteen (15) years or longer.

Order history and transaction records cannot be deleted. Financial billing information is stored only to the extent necessary to process and document transactions. If you have not authorized recurring payment methods such as credit card autopay, no full payment credentials are retained. If autopay was authorized, associated financial data may be deleted upon request; however, related transaction logs must still be retained. Contact details, including shipping and billing addresses, are retained for the minimum period required by the Company’s Quality Management System and applicable laws.


26. CALIFORNIA USERS AND RESIDENTS

If you are a California resident, in accordance with California Civil Code § 1789.3, you are entitled to the following specific consumer rights notice: If you have a complaint with us that is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.


27. MISCELLANEOUS

These Legal Terms, together with any policies or operating rules posted by the Company on or in connection with the Services, constitute the entire agreement and understanding between you and the Company with respect to the Services. The Company’s failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision.

These Legal Terms shall be enforced to the fullest extent permissible under applicable law. The Company may assign any or all of its rights and obligations under these Legal Terms at any time without notice. The Company shall not be liable for any delay, failure to perform, or other loss or damage resulting from any cause beyond its reasonable control.

If any provision, or part thereof, of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of the remaining provisions.

No joint venture, partnership, employment, or agency relationship is created between you and the Company as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms shall not be construed against the Company by reason of their having been drafted by the Company. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the absence of physical signatures by the parties to execute these Legal Terms.


28. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

MDL Solutions Inc.

705 Tower Drive

Hamel, MN 55340

United States

Phone: (+1)612-542-7979 

contact@emergentcpap.com