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Terms of Use

Effective Date: September 1, 2025


These Terms of Use (“Terms”) of Draeger, Inc. and our affiliate companies (“Draeger,” “we,” “us,” and “our”) apply to all contents and information available within our website located at https://rentalshop.draeger.com/en_us/ (the “Site”). You agree, on behalf of yourself and the institution/company or other legal entity that you represent, to be legally bound by these Terms when you access or use the Site.

PLEASE REVIEW THESE TERMS CAREFULLY. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT SUCH TERMS, INCLUDING THE CLASS ACTION WAIVER IN SECTION 14, YOU MAY NOT ACCESS THE SITE.

  1. Changes to Terms

    The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

  2. Other Agreements

    Any orders you place on the Site shall be subject to and governed by Draeger’s Rental Terms and Conditions. The terms of Draeger’s Rental Terms and Conditions are in addition to these Terms. In the event of a conflict between these Terms and Draeger’s Rental Terms and Conditions, the terms of Draeger’s Rental Terms and Conditions shall prevail.
    By using the Site, you also accept and agree to our Privacy Policy.

  3. Intellectual Property

    The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

    You agree not to remove or alter any copyright notice or any other proprietary notice on any Content. As between any user and Draeger, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Draeger or its affiliates, licensors, suppliers, or vendors. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Unless expressly written otherwise by Draeger, you do not have any rights of any kind in or to the Content, other than the right to use the Content in accordance with these Terms.

    “DRAEGER” and other trademarks, logos, characters, page headers, button icons, scripts, service names and other marks (collectively “Trademarks”) displayed on the Site are subject to the trademark and other rights of Draeger. Our Trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of Draeger. Your use or misuse of Trademarks displayed on the Site, or of any other Content, except as provided for in these Terms of Use, is strictly prohibited.

  4. License

    Subject to these Terms, Draeger grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to: (i) access, browse, and use the Site and the Contents to the extent necessary to evaluate and order products offered by Draeger; provided that any such orders shall be subject to and governed by Draeger’s Rental Terms and Conditions.
    The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Draeger.

  5. Reliance on Information Posted

    Commentary and other materials posted on our Site is not intended to amount to advice on which reliance should be placed. Only safety information sheets and the instructions for use of the products rented or purchased from our Site should be heeded. Know-how contained in the reports is subject to ongoing change through research and development. Although the authors have taken great care to ensure that the information in particular referring to applications and effects corresponds to the current state of knowledge at the time of first publication of the reports, we disclaim all liability and responsibility arising from any reliance placed on such reports, commentary and materials by any visitor to our Site, or by anyone who may be informed of any of its contents.

  6. Links to Third-Party Sites

    The Site may contain links to third-party websites. Please understand that those third-party websites may have different terms of use and privacy policies, and that Draeger does not control and is not responsible for the content of such websites or the privacy practices of such third parties. Your use of any third-party websites, programs, or services is at your own risk, and subject to the terms and conditions of such third parties. The information collected by such third-party websites is not covered by the Privacy Policy.

  7. User Accounts

    Some parts of the Site may only be accessible by users who have registered with us. You may choose, or you may be provided with, a username and password or other credentials in order for you to register to access the restricted portions of the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up to date at all times.

    You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for ensuring that your password or other account login information are kept secret, safe, and secure at all times. If you have reason to believe that your password has been compromised or your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. Draeger will not be liable for losses, damages, liability, expenses, and fees incurred by Draeger or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

    We reserve the right in our sole discretion to remove or delete any or all information from your account or our Site at any time and for any reason. You understand that we cannot guarantee that your account will always be available to you or error free. We may terminate or suspend your account for any reason in our sole discretion with or without notice to you. Additionally, we reserve the right to stop offering any account feature of our website or any portion thereof, without liability, at any time and for any reason, with or without cause. In the event of any such termination or suspension, information stored in your account may no longer be available to you.

  8. Rentals/Purchases

    All products offered for rent or purchase on the Site are subject to availability. The prices stated for such products are subject to change without notice. Draeger may reserve the right, at our sole discretion, to cancel or refuse any order for any reason. You may not assume we have accepted your order until we send you an acceptance by e-mail. Some situations that may result in cancellation include limitations on quantities available for rent or purchase and inaccuracies or errors in product or pricing information. We may also require additional verifications or information before accepting any order.

    You understand that: (i) the prices for products displayed through the Site may differ from the prices offered or published by third parties for the same product and/or from prices available at third-party websites/mobile applications, and that such prices may not be the lowest prices at which the products are sold; (ii) Draeger has no obligation to itemize its costs, profits or margins when publishing such prices; (iii) Draeger may change prices at any time, at our sole discretion; and (iv) Draeger reserves the right to change such prices at any time to correct errors or to comply with applicable laws.

  9. Errors, Inaccuracies, and Omissions

    We have made efforts to display as accurately as possible the colors and appearance of the products that appear on the Site. However, since the actual colors or appearance you see depend upon your computer and monitor, we cannot guarantee that the display of any product will be completely accurate. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, instructions, publications, pricing, promotional materials, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

  10. User Submissions

    Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information, or other communication you transmit, upload, or post to this Site including any ideas, comments, suggestions, feedback, data or the like (“Communications”) will be considered non-confidential and non-proprietary. Draeger will have no obligations with respect to the Communications. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Communication. By submitting the Communication to Draeger, you agree Draeger is free to use the Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Draeger and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

  11. Restrictions on Use and Security

    You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

    You agree not to use the site:

    • In any way that violates any applicable federal, state, local or international law or regulation;
    • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
    • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
    • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
    • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
    • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
    • Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
    • To interfere with, damage or disrupt any equipment or network on which the Site is stored, any software used in the provision of the Site or any equipment or network or software owned or used by any third party;
    • Use any device, software or routine that interferes with the proper working of the Site; or
    • Otherwise attempt to interfere with the proper working of the Site.

    Draeger reserves the right to determine, at our sole discretion, whether there has been a breach of this Section 11, and may take action as we deem appropriate, including but not limited to: immediate, temporary or permanent withdrawal of your right to use the Site; immediate, temporary or permanent removal of any posting or material uploaded by you to the Site; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; and disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    We exclude all liability for actions taken in response to breaches of this Section 11. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

  12. Disclaimer and Limitation of Liability

    WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY DRAEGER ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRAEGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL DRAEGER OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE.

    IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH STATES:

    “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

    YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE IS TO STOP USING THE SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

    Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action occurred.

  13. Indemnification

    You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination.

  14. Miscellaneous

    These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of law provisions. Any legal suit, action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought before a court of competent jurisdiction located in the Commonwealth of Pennsylvania, and you and Draeger agree to submit to the exclusive jurisdiction of such courts in respect of any such suit, action or proceeding. YOU AND DRAEGER EACH WAIVE ALL RIGHTS TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE.

    YOU AND DRAEGER AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS ACTION OR ON ANY OTHER GROUP, REPRESENTATIVE, CONSOLIDATED, OR JOINT BASIS. This means that both you and Draeger waive any right to commence, become a party to, or in any way participate in any class action, collective action, or group or representative action or claim against the other party or in any such action or claim consolidated or joined with another party, with respect to any dispute arising out of or relating to these Terms or your use of the Site, and you and Draeger each agree to opt-out of or be severed from any such action or proceeding.

    You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

    We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, block IP addresses.

    If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

    No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at info.usa@draeger.com.