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Terms of Use Page

1. Hillrom, Inc. ("Hillrom") owns and operates the Website located at rental.hillrom.com (the "Website"). As used herein, the terms "You" and "Your" refer to the user of the Website, and the terms "We," "Us" and "Our" refer to Hillrom.

Your continued access and use of the Website is conditional on Your acceptance of and continued compliance with the terms and conditions of use set out below (the "Terms of Use"). These Terms of Use will govern Your access and use of any new features of the Website. Nothing in these Terms of Use will be deemed to confer any third-party rights or benefits. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

By accessing, browsing, or using the Website or making a purchase through the Website, You agree to accept and comply with these Terms of Use for each visit to the Website. If You do not agree to accept and comply with these Terms of Use, You should not access, browse or use the Website.

We reserve the right, at any time, to modify, alter, or update these Terms of Use, and You agree to be bound by such modifications, alterations, or updates ("Modification"). Such Modification will be effective immediately upon notice to You, which notice may be given by any means, including, but not limited to, posting on the Website and electronic or conventional mail. Your access and use of the Website following any such Modification constitutes Your agreement to accept and comply with these Terms of Use as modified.

These Terms of Use apply to all users of the Website. As a user, You represent and warrant that You either have reached the age of majority in Your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, You affirm that You are over the age of thirteen (13), and acknowledge that while the Website may sell products intended for use on children, the Website themselves are not intended for use or viewing by children under thirteen (13).

All information We collect on the Website is subject to Our Global Privacy Notice, located at https://www.hill-rom.com/usa/Privacy-Policy/ (the "Privacy Policy"). By using the Website, You consent to all actions taken by Us with respect to Your information in compliance with the Privacy Policy.

2. GRANT AND RESTRICTIONS ON USE

All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively, "Site Content") is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by Hillrom. Except as expressly provided in these Terms of Use, no license to use, copy, distribute, republish, transmit or otherwise exploit any Site Content is given to You and all intellectual property rights in and to the Site Content are expressly reserved to Hillrom. Nothing on the Website shall be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any Hillrom trademark or Site Content without Our written permission. Neither the name of Hillrom nor Our logo may be used in any way without Our prior written permission. You are not authorized to use Our logo as a hyperlink to the Website without Our prior written permission.

3. RENTAL ORDERS:

The Website’s Online shop provides information on how to place a rental order, check rental order status, request removal of a rental product, and request additional services. All rental orders and service requests made through the Website are governed by these Terms of Use located at: https://rental.hillrom.com/rental/en/termsAndConditions

4. ACCOUNTS:

For certain aspects of the Website, You may be asked to register an account. If You agree to register an account, You will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to You, and You must not share it or allow any other person to use it. You may never use another's account without permission. You are responsible for maintaining the confidentiality of Your username and password and are fully responsible for all activities that occur under Your username and password. You agree immediately to notify Us if Your registration information changes or You learn of or have reason to suspect any unauthorized use of Your account or any other breach of security. You also agree that You will provide truthful and accurate information during the registration process. We may refuse to grant a particular username to You for any reason.

5. FEEDBACK AND SUBMISSIONS:

If You submit comments, ideas, or feedback to Us through the Website or otherwise, You agree that We can use them without any restriction or compensation to You. We do not waive any rights to use similar or related comments, ideas or feedback previously known to Us, developed by Us, or obtained from sources other than You.

6. ACCEPTABLE USE AND INDIVIDUALLY IDENTIFIABLE INFORMATION:

You agree to input individually identifiable information only where strictly necessary for You to receive a rental order from Hillrom. To the extent providing individually identifiable information is necessary for You to receive a rental order from Hillrom, You further agree to provide only the minimum necessary amount for Hillrom to fulfill an order through the Website. To the extent you include individually identifiable information or other personal information in our Website, this information regarding You or Your data may be viewed by Hillrom employees and service providers. You are prohibited from transmitting any government-issued identification number including social security number, driver's license number or state-issued identified number; credit or debit card number (except to the extent used to make a purchase), bank account or other financial information; health insurance information; information that is deemed sensitive under applicable law; and information concerning trade union membership, sexual orientation, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin and other sensitive matters. You are also prohibited from: (i) using the Website to send or post harassing, abusive, or threatening messages; (ii) transmitting through the Website any information, data, text, files, links, software, or other materials (including hidden pages, links or images) that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, discriminatory or otherwise objectionable, or that solicit other users' passwords or personal information for commercial or unlawful purposes, provide instructions for the conduct of illegal activities, or threaten Our relationships with Our partners, customers or suppliers; (iii) impersonating any person, or misrepresenting Your identity or affiliation with any person or organization; (iv) disrupting the normal flow of the Website, including any dialogue on the Website, or otherwise acting in a manner that negatively affects other users; (v) sending spam or other direct marketing communications, or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, provincial, national or international law, including, but not limited to, any regulations having the force of law; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism; (viii) using any robot, spider or other automatic program or device, or manual process, to monitor, copy, summarize, or otherwise extract information (including Site Content) from the Website, in whole or in part, including, without limitation, creating any frames at any other website pertaining to any portions of the Website; and (ix) infringing any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person, or violating the legal rights (including the rights of publicity and privacy) of others.

7. ACCESS AND ACCOUNT TERMINATION

We reserve the right to deny, revoke, or terminate access to Your account or the Website or any part thereof at any time in Our sole discretion, with or without cause and without notice to You.

8. THIRD PARTY LINKS:

The Website may contain links to third party Website that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the contents of such Website, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party Website linked to the Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such Website.

9. DISCLAIMER OF WARRANTIES:

You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our site for any reconstruction of any lost data. HILLROM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.

YOUR USE OF THE WEBSITE, THEIR SITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THEIR SITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HILLROM NOR ANY PERSON ASSOCIATED WITH HILLROM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HILLROM NOR ANYONE ASSOCIATED WITH HILLROM REPRESENTS OR WARRANTS THAT THE WEBSITE, THEIR SITE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HILLROM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. LIABILITY:

IN NO EVENT WILL HILLROM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO THEM, ANY SITE CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. DISPUTE RESOLUTION; GOVERNING LAW AND JURISDICTION:

Dispute Resolution Generally. By using, making a purchase through, or otherwise interacting with the Website, You agree to that to the extent permissible by applicable law: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Website, or any services or items obtained through the Website, shall be resolved individually without resort to any form of class action; and (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorneys' fees.

Governing Law AND Jurisdiction. All disputes in connection with Website and any services or items obtained through the Website shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to the conflict of laws rules thereof, and any matters or proceedings shall take place in the State of Illinois in the state or federal courts in Cook County, Illinois and You consent to the exclusive jurisdiction of such courts.

12. WAIVER; SEVERABILITY:

No waiver of by Hillrom of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hillrom to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

13. ENTIRE AGREEMENT:

These Terms of Use, the Privacy Policy, and the Website Additional Terms constitute the sole and entire agreement between You and Us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE.

HILLROM, INC.

130 E Randolph Street, Suite 1000

Chicago, IL 60601