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Legal Notice and Terms and Conditions of Use

Praxair Canada Inc. is providing the information either in or accessible through this site ("Materials") as a service to customers and other interested parties for informational purposes only. Copies may be downloaded only subject to the provisions below. By either accessing this site or downloading Materials from it, User agrees to be bound by all the terms and conditions described under this heading, "Legal Notice and Terms and Conditions of Use". Any purchase of products through this site shall also be governed by the Terms and Conditions of Sale contained in this Site. This Legal Notice and Terms and Conditions of Use, together with the Terms and Conditions of Sale, are referred to below as “this Agreement”.

"User" means an individual user, whether or not issued a separate and discrete user ID by completing any registration process, and whether or not the individual orders or purchases products offered on this site. While Praxair Canada Inc. and its affiliated companies may have their own separate identities, we sometimes refer to Praxair and its wholly-owned and affiliated companies by using "Praxair", "Our", "We", or "Us" (or where no compelling purpose is served by identifying any particular Praxair company).

Access to this Website

Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the products and services we provide via this site without notice (see below). From time to time, we may restrict access to some or all parts of this website. We will not be liable to you if for any reason this website is unavailable at any time or for any period of time.

If you choose or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to this site. You are also responsible for ensuring that all persons who access this site through your internet connection are aware of these terms, and that they comply with them.

Ownership of Materials

Praxair owns, reserves and retains all proprietary rights, including copyrights, to this site and its Materials; they are protected from copying or distribution under national and international copyright laws and treaties throughout the world.

Restrictions on Use

Praxair does not grant to any User any license or right to possess, use or disseminate Materials in any matter. User agrees to prevent any unauthorized copying, distribution or publication of Materials. User agrees to indemnify, defend and hold harmless Praxair from any damages, losses, costs or expenses which Praxair, its employees and authorized representatives may incur as a result of User's use or dissemination of any Materials in violation of this Agreement.

Links

Users who access a link on this site to any site operated by a third party do so entirely at their own risk and are responsible for compliance with all applicable laws. Praxair is not responsible for the content of any third party site and does not make any representations or warranties, express or implied, with respect to any link or content on linked sites and shall not be liable for any damages or injury arising therefrom. Users may not create any frames at any other sites pertaining to any of the content located at Praxair.com. This site has been specifically designed by Praxair and its unique appearance is protected by applicable laws. Users may not display any link to this site in such a manner so as to give the viewer the impression that Praxair is responsible for, authorizes, or sponsors the content on User's site or a third party's site, and may not link to this site from any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content or information that violates any applicable federal, state, or local laws or any intellectual property, proprietary, privacy or publicity rights. Praxair reserves the right to terminate any link to Praxair.com or any portion of Praxair.com at any time.

User Uploaded Material

In the event that the capability for User to enter information and/or materials into the site pages is provided in the future, Praxair shall have the right to use any such materials which may be so entered in any of Praxair's print or electronic publications. User agrees to indemnify, defend and hold harmless Praxair from any damages, losses, costs or expenses which Praxair, its employees and authorized representatives may incur as a result of material which User may upload into this site.

Disclaimer

UNLESS OTHERWISE PROVIDED IN AN AGREEMENT, THE MATERIALS, PRODUCTS, SERVICES AND CONTENT PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS, WHERE IS" AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRAXAIR DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, WITH RESPECT TO THE MATERIALS AND THE PRODUCTS PURCHASED THROUGH THIS SITE.

PRAXAIR FURTHER DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIALS OR SERVICES AT THIS SITE, THAT THIS SITE AND THE MATERIALS CONTAINED THEREIN WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS, THAT THE FUNCTIONS CONTAINED IN THE SITE AND THE MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRAXAIR RESERVES THE RIGHT TO REFUSE OR CANCEL ANY ORDERS FOR PRODUCTS OR SERVICES LISTED AT AN INCORRECT PRICE OR OTHERWISE INACCURATELY DESCRIBED ON THIS SITE. PRAXAIR MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND SERVICES AT THIS SITE MAY BE OUT OF DATE, AND PRAXAIR MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND SERVICES AT THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of liability

THE EXPRESS WARRANTIES IN THESE TERMS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND OBLIGATIONS OF PRAXAIR. IN NO EVENT WILL PRAXAIR, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY PRODUCTS SOLD THROUGH THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. PRAXAIR DOES NOT ASSUME RESPONSIBILITY FOR ANY INJURY OR DAMAGE WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM THE USE OF MATERIALS OR PRODUCTS THEY DESCRIBE.

Trademark Information

The following are trademarks or registered trademarks of Praxair Technology, Inc. or its affiliated companies in the United States and/or other countries: MEDIGAS; the MEDICAL CROSS; the BREATHE WELL. SLEEP WELL. LIVE WELL. slogan; and MEDIGAS EXPRESS. Praxair's trademarks and service marks may be used publicly with permission only from Praxair. Fair use of Praxair's trademarks and service marks in advertising or promotion of Praxair's products requires proper acknowledgement. All other trademarks, service marks and trade names are property of their respective owners.

Privacy Policy and Consent

The provisions descried under "Privacy Statement" on this site, are deemed to be incorporated in the terms and conditions described under this heading "Legal Notice and Terms and Conditions of Use". Any person who purchases products through this site is deemed to have agreed and consented as provided under “Consent to Collection, Use and Disclosure of Information”.

Severability

User agrees that if a court of competent jurisdiction finds any part of this Agreement void or unenforceable, the rest of it should be enforced and the court should use its authority to amend it in order to fulfill the stated purposes of this Agreement to the fullest extent permitted by law.

Applicable Laws

This site is operated by Praxair for customers in Canada. Praxair makes no representation that the Materials or any products made available through this site are appropriate for any particular use made by User, or available for use in other locations, and access to this site from territories where its content or the sale of products is illegal or is not permitted under the terms of this site is prohibited. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any applicable local laws. Any claim relating to the Materials or any products purchased through this site shall be governed by the Laws of the Province of Ontario.

Praxair Canada Inc. Accessibility Policy

This policy has been established by Praxair Canada Inc. in Ontario to govern the provision of services with Regulation 191/11, “Integrated Accessibility Standards” (“Regulation”) under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). Praxair Canada Inc. is governed by this policy as well as the Accessibility for Ontarians with Disabilities Policy and the Accessibility for Ontarians with Disabilities Act, 2005 in meeting the accessibility needs of persons with disabilities.

Learn more about our Accessibility Policy.

You have the right to refuse to give personal information to Praxair. If you have given consent to Praxair to collect, use and disclose your personal information, you may withdraw your consent at any time, by contacting Praxair’s Privacy Officer. If you choose to withdraw or refuse to give consent, Praxair may not be able to provide or continue to provide certain services or information to you.