TERMS OF SERVICE
Diamond Respiratory Care, Inc.
1. ACCEPTANCE OF TERMS
Welcome to Diamond Respiratory Care, Inc. (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website at www.diamondrx.com and all related services, products, and content provided by Diamond Respiratory Care, Inc. (collectively, the “Service”).
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Service.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms.
2. ELIGIBILITY AND ACCOUNT REQUIREMENTS
Age and Capacity Requirements
You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. If you are using the Service on behalf of a minor dependent, you represent that you have the legal authority to act on their behalf.
Account Information
You agree to:
– Provide accurate, current, and complete information when creating an account
– Maintain and promptly update your account information
– Keep your login credentials secure and confidential
– Be responsible for all activities that occur under your account
Healthcare Information Accuracy
Given the medical nature of our services, you represent that all health information provided is accurate and complete. Providing false or misleading health information may affect the safety and effectiveness of our services.
3. DESCRIPTION OF SERVICES
Diamond Respiratory Care provides:
– Medical equipment and supplies for respiratory care
– Equipment rental and sales services
– Insurance billing and verification services
– Patient education and support services
– Delivery and setup of medical equipment
– Maintenance and repair services for medical devices
Important: Our services include healthcare-related products and services. Please review our separate HIPAA Notice of Privacy Practices for information about how we handle protected health information.
4. MEDICAL EQUIPMENT AND PRESCRIPTION REQUIREMENTS
Prescription Requirements
Certain products and services require valid prescriptions from licensed healthcare providers. You represent that:
– You have obtained all necessary prescriptions before ordering prescription items
– All prescription information provided is accurate and current
– You will use prescribed equipment only as directed by your healthcare provider
FDA Compliance
Our medical equipment complies with applicable FDA regulations. You agree to:
– Use equipment only for its intended medical purpose
– Follow all manufacturer instructions and safety guidelines
– Report any adverse events or equipment malfunctions promptly
Equipment Safety and Maintenance
You are responsible for:
– Proper use and care of rented or purchased equipment
– Following all safety protocols and maintenance schedules
– Allowing our technicians reasonable access for maintenance and inspections
– Returning rented equipment in good condition
5. ORDERING, PAYMENT, AND BILLING
Order Process
When you place an order:
– You are making an offer to purchase products or services
– We reserve the right to accept or decline any order
– Order confirmation does not guarantee product availability
– We may require additional verification before processing orders
Pricing and Payment
– All prices are subject to change without notice
– Payment is due at the time of order unless other arrangements are made
– We accept various payment methods as displayed during checkout
– You authorize us to charge your payment method for all applicable fees
Insurance Billing
For insurance-covered services:
– We will verify your insurance benefits but cannot guarantee coverage
– You are responsible for any amounts not covered by insurance
– You must notify us of any changes to your insurance coverage
– We may require prior authorization for certain services
Cancellations and Refunds
Please review our separate Return and Refund Policy for detailed information about cancellations, returns, and refunds.
6. TELECOMMUNICATIONS CONSENT AND TCPA COMPLIANCE
Consent to Receive Communications
By providing your telephone number and/or email address, you expressly consent to receive communications from us, including:
Automated Calls and Text Messages:
– Appointment reminders and confirmations
– Delivery notifications and scheduling
– Equipment maintenance alerts
– Account notifications and updates
– Insurance verification requests
– Emergency safety communications
– Marketing and promotional offers (if you opt-in)
TCPA Acknowledgment and Release
You acknowledge and agree that:
– Communications may be made using automatic telephone dialing systems and/or prerecorded messages
– Your consent is not required as a condition of purchasing goods or services
– Standard message and data rates may apply
– We may contact you at any telephone number you provide, including cellular/mobile numbers
You expressly consent to receive such communications and waive any claim that such communications violate the Telephone Consumer Protection Act (TCPA) or any other applicable law.
Text Message Terms
For SMS/text message communications:
Frequency: Message frequency varies based on your interaction with our services
Opt-Out: Reply STOP to any text message to unsubscribe
Help: Reply HELP for assistance or contact us at 1-800-977-3002
Carrier Liability: We are not liable for delayed or undelivered messages
Data Charges: Message and data rates may apply per your carrier plan
Email Communications
You consent to receive emails including:
– Transactional emails (order confirmations, shipping notices)
– Account-related communications
– Safety and regulatory notices
– Marketing emails (if you opt-in, with ability to unsubscribe)
Modification of Consent
You may modify your communication preferences by:
– Contacting customer service at customerservice@diamondrx.com
– Updating your account preferences online
– Following unsubscribe instructions in communications
– Calling 1-800-977-3002
7. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
The Service and all content, features, and functionality are owned by Diamond Respiratory Care, Inc. and are protected by copyright, trademark, and other intellectual property laws. You may not:
– Copy, modify, or distribute our content without permission
– Use our trademarks or logos without authorization
– Reverse engineer or attempt to extract source code
– Create derivative works based on our content
User Content
When you submit content to us (reviews, feedback, suggestions), you grant us a non-exclusive, royalty-free, perpetual license to use, modify, and distribute such content for business purposes.
8. PROHIBITED USES
You may not use our Service:
– For any unlawful purpose or to violate any applicable laws
– To transmit harmful, offensive, or objectionable content
– To interfere with or disrupt the Service or servers
– To collect or harvest personal information about other users
– To impersonate any person or entity
– To upload viruses or malicious code
– For any purpose that competes with our business
– To abuse or exploit our return or warranty policies
9. THIRD-PARTY SERVICES AND LINKS
Our Service may contain links to third-party websites or integrate with third-party services. We are not responsible for:
– The content or practices of third-party sites
– Products or services offered by third parties
– Privacy policies of external websites
– Any damages resulting from third-party interactions
Your interactions with third parties are solely between you and the third party.
10. PRIVACY AND DATA PROTECTION
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. For healthcare-related information, please also review our HIPAA Notice of Privacy Practices.
By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.
11. DISCLAIMERS AND WARRANTIES
Service Availability
We strive to maintain continuous service availability but do not guarantee uninterrupted access. The Service is provided “as is” and “as available.”
Medical Disclaimers
– Our Service is not intended to replace professional medical advice
– Always consult your healthcare provider for medical decisions
– We do not guarantee treatment outcomes or equipment effectiveness
– Emergency medical situations require immediate professional care
Limited Warranty
We provide limited warranties on equipment as specified in manufacturer documentation. We disclaim all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW:
Diamond Respiratory Care, Inc., its officers, directors, employees, agents, and affiliates shall not be liable for:
– Indirect, incidental, special, consequential, or punitive damages
– Lost profits, revenue, data, or business opportunities
– Damages exceeding the amount paid for services in the 12 months preceding the claim
Our total liability to you shall not exceed the lesser of:
– The amount you paid for the specific service that gave rise to the claim
– $1,000
Exceptions
This limitation does not apply to:
– Death or personal injury caused by our gross negligence
– Fraudulent misrepresentation
– Violations of applicable consumer protection laws
– Other claims where liability cannot be limited by law
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Diamond Respiratory Care, Inc. and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:
– Your use of the Service
– Your violation of these Terms
– Your violation of any applicable laws
– Your negligent or wrongful conduct
– Any content you submit or transmit through the Service
14. DISPUTE RESOLUTION AND GOVERNING LAW
Governing Law
These Terms are governed by the laws of the State of California and the United States, without regard to conflict of law principles.
Jurisdiction and Venue
Any legal action relating to these Terms must be brought in the state or federal courts located in Riverside County, California. You consent to the personal jurisdiction of these courts.
Arbitration Agreement
PLEASE READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
Except for small claims court actions (under $10,000), you and Diamond Respiratory Care agree to resolve disputes through binding arbitration rather than in court. This agreement:
– Waives your right to a jury trial
– Waives your right to participate in class action lawsuits
– Requires individual arbitration proceedings
Arbitration will be conducted by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator’s decision will be final and binding.
Exceptions to Arbitration
The following disputes are not subject to arbitration:
– Small claims court actions under $10,000
– Injunctive or equitable relief to protect intellectual property
– Disputes related to the validity of this arbitration agreement
15. FORCE MAJEURE
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
– Natural disasters or acts of God
– War, terrorism, or civil unrest
– Government actions or regulations
– Labor strikes or disputes
– Supply chain disruptions
– Pandemic or public health emergencies
– Internet or telecommunications failures
16. ACCESSIBILITY
We are committed to providing an accessible website and service. If you encounter accessibility barriers, please contact us at customerservice@diamondrx.com or 1-800-977-3002, and we will work to address your concerns.
17. TERMINATION
Your Right to Terminate
You may terminate your account at any time by contacting customer service or ceasing to use the Service.
Our Right to Terminate
We may terminate or suspend your access immediately, without notice, for:
– Violation of these Terms
– Fraudulent or illegal activity
– Abuse of our services or staff
– Non-payment of fees
– Any reason, with or without cause
Effect of Termination
Upon termination:
– Your right to use the Service ends immediately
– You remain liable for all charges incurred before termination
– We may delete your account and data
– Sections of these Terms that should survive termination will continue to apply
18. MISCELLANEOUS PROVISIONS
Entire Agreement
These Terms, together with our Privacy Policy and HIPAA Notice, constitute the entire agreement between you and Diamond Respiratory Care regarding the Service.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.
Assignment
You may not assign or transfer your rights under these Terms. We may assign our rights and obligations without restriction.
Notices
Legal notices will be sent to the email address associated with your account or posted on our website.
Language
These Terms are written in English. Any translated versions are provided for convenience only, and the English version controls in case of conflict.
19. CONTACT INFORMATION
For questions about these Terms of Service, please contact us:
Diamond Respiratory Care, Inc.
1403 Palmyrita Avenue
Riverside, CA 92507
Phone: 1-800-977-3002
Email: customerservice@diamondrx.com
Website: www.diamondrx.com
Customer Service Hours:
Monday – Friday: 8:00 AM – 5:00 PM (PST)
Emergency After-Hours: 1-800-922-3002
By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
These Terms of Service are effective as of 07/16/2025 and supersede all prior agreements.