Technical Gas Products, Inc. (TGP) Website Terms of Service

Last Updated on January 15, 2009

Please be advised that Technical Gas Products, Inc. (TGP) may amend these Website Terms of Service (the “TOS”) at any time by posting the amended terms on our site. The amended terms shall be automatically effective immediately after they are initially posted on our site. This Agreement may not otherwise be amended except in writing signed by both parties. This Agreement was last revised on the date first set forth above.

1.      ACCEPTANCE OF TERMS
This Website is provided by “TGP”, subject to the following Terms of Service, which may be amended from time to time as provided above. You can determine if the TOS has been revised by referring to the "Last Updated" date at the top of this page. These TOS apply to the following sites: www.tgpoxygen.com and www.o2safe.com (hereinafter referred to collectively, along with any URL addresses which direct traffic to the site, as “The Website”). In addition, when using particular services provided by TGP, you shall be subject to any additional posted guidelines or rules applicable to such services. In the event you elect to enroll in as a user of the site your usage will be subject to the terms of this agreement which you may review, print and/or download at the time of your enrollment on the Website.  All such guidelines or rules are hereby incorporated by reference into the TOS.

PLEASE READ THIS TOS CAREFULLY BEFORE USING THE WEBSITE AND SERVICES. YOUR USE OF THE WEBSITE AND/OR SERVICES CONSTITUTES AGREEMENT TO ABIDE BY THE TOS THEN IN EFFECT.

By using The Website and Services you further indicate that you are 18 years of age or more, or have received permission from a parent or legal guardian.

Any questions about the meaning or registration of these TOS should be directed to websiteadmin@tgpoxygen.com.

2.      DESCRIPTION OF TECHNICAL GAS PRODUCTS, INC.’S SERVICE
Technical Gas Products Inc, has been a market leader in long term respiratory care since 1993. But in 1999, when the cutting-edge technology of the O2Safe System was developed, we stepped out ahead of the pack. With our patented, state-of-the-art system, O2Safe Solutions redefined the way USP grade medical oxygen was delivered to long term care facilities. Taking an innovative approach and providing a helpful, effective response to our customers’ needs and concerns, we have become recognized as the finest service-oriented supplier and responsive business partner with dozens of sub-acute, general respiratory, rehabilitation, and convalescent facilities throughout the northeast.

We share in your commitment to provide your patients with an unprecedented level of respiratory care that improves their overall quality of life. We provide full technical and clinical support while delivering substantial savings and cost-effective solutions to your facility’s oxygen needs.

Our services are comprehensive and our experiences broad, allowing us to design a program to fit your facility’s exact needs. A high degree of responsiveness, coupled with our commitment to customer satisfaction, has enabled us to build lasting and rewarding relationships with each of our customers over the years. This web site has been developed to expand the services provided by the company allow its users to access a rich collection of benefits, which may include by way of illustration only,

o       Access to O2Pro Certification

o       Access to In-Service training for health facilities

o       User Profile and related work experience and certification

o       Discounts and services on related merchandise

o       Content and online resources for TGP customer base

These benefits may also include a user’s only access, user profile, specials and content storage files and folders for use by our user community. We may further provide services such as special user only message boards, and opportunities for shopping services, searchable databases and specialized content. The terms “user”, as used throughout the Website or other related company material, refer to the relationship between you, TGP and TGP’s website, vendors if any, products or services.

3.      REGISTRATION AND ACCEPTANCE AS A USER
Should you be interested in becoming a TGP user, you will be required to complete a registration (a “Registration”) and provide TGP with certain information in such Registration, regardless of whether you eventually are accepted for and enroll in a user-ship. In consideration of your use of the Website and/or Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Website and/or Services. You are responsible for maintaining the confidentiality of your password, if any. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify TGP of any unauthorized use of your password or user name or any other breach of security of which you become aware, and (b) ensure that you exit from your account at the end of each session. TGP is not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.  If you wish to become a TGP user, complete the Registration; after submitting your information, you will be charged the then-current TGP annual fee, if any, and invited for user-ship at a user level we identify for you in our system. Your Registration is completed at that time you review and accept these Terms of Service Agreement.  Agreement to the terms of our User-ship Agreement will mark the commencement of our business relationship. Submission of the Registration does not guarantee we will invite you to participate in the benefits of TGP website.  Also, by submitting your online registration to TGP, you understand and agree that TGP may call or otherwise contact you from time to time thereafter. 

4.      FEES AND PAYMENTS
You agree to pay all fees and charges, if any, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by TGP or by any third party vendor or service provider (such fees, charges and taxes shall collectively be referred to as "Fees"). TGP reserves the right to change the amount of or basis for determining any Fees, and to institute new Fees, effective upon prior notice as posted from time to time on the website.

If you submit your credit card information to TGP at the time of your Registration or otherwise, you give TGP permission to charge all Fees incurred through your account to the credit card you designate on the Registration. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit card or your payment is returned to TGP for any reason, including charge back, TGP reserves the right to either suspend or terminate your account and all its obligations under these Terms and any other agreement in effect between us and you, including, without limitation, any User-ship Agreement.

5.      USE OF THE WEBSITE AND SERVICES BY YOU
Your right to use the Website and/or Services is personal to you -- you may not authorize others to use the Website and/or Services, and you are responsible for all use of the Website and Services by you and by those you allow to use, or provide access to, the Website and Services.

o       Neither the Website nor the Services are intended for users under the age of 18 without the consent of an adult or guardian, and TGP does not knowingly collect personally identifiable information from users under the age of 18 without such consent. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.

o       You agree not to use any obscene, indecent, or offensive language or to place on the Website any material that is defamatory, abusive, harassing, or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone's privacy, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Website and/or Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

o       You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Material on the Website is for your personal use only.  The Website contains copyrighted and other proprietary information.

o       You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, except as permitted by the Copyright Act or other law or as expressly permitted in writing by these Terms, TGP or the Website.

o       You agree not to disrupt, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.

o       Other than connecting to TGP servers by http requests using a Web browser, you may not attempt to gain access to TGP servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.

6.      USE OF MATERIAL SUPPLIED BY YOU
For information regarding use of the material and information you supply or communicate with the Website, please see our statement of “Privacy Policy”. By submitting content (photos, articles, folders, files etc) to TGP, whether by mail delivery, email or site uploading files, or engaging in any other form of communication with TGP or the Website, you grant to TGP a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, sublicense and create derivative works of any such content (including your identity and information about you) in any medium (now in existence or hereafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.

You represent that you have full power and authority to comply with these Terms without violating the rights of others and agree that your use of TGP Website and/or its Services will comply with these Terms without violating the rights of others.

7.      MATERIALS POSTED BY OTHERS
You agree that TGP and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others on the Website, including defamatory, offensive or illicit material, or even material that violates this Agreement.

8.      COPYRIGHT ISSUES
All content on the Website is protected under U.S. copyright laws, including the Digital Millennium Copyright Act of 1988 (the "DMCA"). You may download one copy of the content of the Website to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute, or display any content from the Website.

For further information on U.S. copyright law, you may wish to visit the website of the U.S. Copyright Office.

The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see their web site for details. Notices and counter-notices should be sent to:

Name:          Technical Gas Products, Inc.,

Attention:    Copyright

Address:       66 Leonardo Drive

                       North Haven, CT 06473  

 

Email Address: websiteadmin@tgpoxygen.com

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.

9.      INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TGP, its parents, subsidiaries, and affiliated companies, and their respective managers, users, directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your use of the Website and/or Services; (ii) any violation of these Terms by you; or (iii) any allegation that anything you post, transmit, or make available on the Website infringes or otherwise violates the copyright, trademark, trade secret, or other rights of any third party.

10.   LINKS
The Website may contain links to other sites (each, a “Third Party Site”). These links are meant to enable access to publicly available information by those who are allowed to use the Website only. TGP makes no representations whatsoever about any Third Party Sites which you may access through the Website and you hereby waive any claim you might have against TGP with respect to such Third Party Sites. When you leave the TGP site, please understand that TGP has no control over the content on that Web site. In addition, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such Third Party Site. TGP makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the Third Party Sites are granted or implied.   TGP has not reviewed and does not endorse the content of any Third Party Sites linked to or from the Website and is not responsible for the content or actions of any such Third Party Sites. Your linking to any service or site is at your sole risk.

11.   DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

a.      TGP may distribute and publish, messages posted in its Interactive Community. Please be aware that other users may post material in the Interactive Community that is inaccurate, misleading, or deceptive. All statements, advice, and opinions made by participants in any Interactive Community are those of such participants only, and TGP neither endorses nor shall be held responsible for the reliability or accuracy of same, or for any injury, loss, or damage which occurs as a result of such statements, advice, opinions, or other information provided in any Interactive Community. In addition, TGP has no control over, and shall have no legal liability for, any damages resulting from the use, including republication, or misuse, by any third party, of information voluntarily made public by a user of the Website. Any user of the Website who chooses to make any personally identifiable or other information publicly available in an Interactive Community does so at his or her own risk.

b.      THE WEBSITE AND SERVICES, AND (UNLESS OTHERWISE EXPRESSLY STATED) ANY GOODS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY TGP OR SUBMITTED TO TGP, INCLUDING WITHOUT LIMITATION INFORMATION IN THE INTERACTIVE COMMUNITY AND IN ALL OTHER PARTS OF THE WEBSITE.

c.      TGP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICES, THE WEBSITE, CONTENT CONTAINED THEREON, OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.

d.      TGP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF TGP HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

e.      TGP WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR SERVICES, FROM GOODS OR SERVICES ACQUIRED THROUGH TGP OR THE WEBSITE, OR FROM ANY CONTENT POSTED ON THE WEBSITE BY TGP OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR SERVICES IS TO STOP USING THE WEBSITE AND SERVICES.  YOUR PARTICIPATION IN THE INTERACTIVE COMMUNITY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

f.       By posting information on the Website, you are promising that the content is true and that you will indemnify TGP against any claims which may arise from your information. By responding to a post or other information on the Website you waive any claims against TGP for damages arising from such information or your reliance upon statements in such information.

 

12.   TERMINATION
You understand and agree that, without prior notice and in TGP’s sole discretion, your access to and use of the Website and/or Services may be terminated or suspended; and further, that TGP may also exercise any other remedy available to it and remove any unauthorized user-provided content, if TGP believes that your (or anyone using your computer, e-mail or password) use of the Website and/or Services violates or is inconsistent with this Terms, or violates the rights of TGP, another user or applicable law.

You acknowledge and agree that monetary damages may be insufficient to remedy violations of the Terms, and you consent to injunctive or other equitable relief for such violations. Further, you agree that TGP is not required to refund to you any money you may have paid if you are terminated as a user.

TGP shall not be responsible for any loss or damage that result from termination or suspension of your access or user-ship. The provisions of this Agreement will survive its termination or the termination of your access, whether terminated by you or TGP.

13.   Modifications to Services
TGP reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. You agree that TGP shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services (if you are a User) or of any content, feature, or product offered on the Website. Your continued use of the Website and/or any Service after such changes will indicate your acceptance of the changes.

14.   Jurisdictional Issues
TGP neither represents nor warrants that the Website or Services are appropriate or available for use in any particular jurisdiction. Accessing the Website and/or Services from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit the Website's availability or the provision of any of the Services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may limit the quantities of any such Service or product.

15.   Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the State of Connecticut and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located within the State of Connecticut. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. 

16.   Notice
Notices to you may be made via either email or regular mail. Notices of changes to the Terms or other matters, or links to notices of such changes, may also be displayed on the Website.

17.   Filtering
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation and of America Links Up.

18.   Miscellaneous
If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms, together with the User-ship Agreement, if any, between you and us, including any document referenced therein or herein, constitutes the entire agreement between you and TGP with respect to your use of the Website and/or any Services and supersedes all prior or contemporaneous communications and proposals between you and TGP.

19.   Information or Complaints
If you would like any further information or if you have a complaint regarding the Website and/or Services, please send an e-mail to websiteadmin@tgpoxygen.com. Prices for goods or services available on the Website are provided at the point of purchase