These Terms of Service (“Terms”) govern our customers’ (“you”, or “your”) access to and use of safebvm.com, our online store at buy.safebvm.com, and any products, content, features, tools, training materials, workshops, continuing education access, or related services offered by SafeBVM Corp. (“SafeBVM,” “we,” “us,” or “our”) (collectively, the “Services”). By using the Services or purchasing our products, you agree to these Terms.
If you do not agree, do not use the Services or purchase our products.
Your use of the Services is also governed by our Privacy Policy, Shipping & Delivery Policy, and Return & Refund Policy, each of which is incorporated into these Terms by reference.
By using the Services or placing an order, you consent to receive electronic communications from SafeBVM relating to your account, purchases, customer support, fulfillment, shipping, training access, and the Services.
WHO CAN USE OUR PRODUCTS
The Sotair® Adult Training Device is a flow-control training device for adult BVM training, simulation, and education. It is intended for use by EMS providers, fire and rescue personnel, military medics, respiratory therapists, nurses, physicians, EMS educators, training officers, simulation centers, and similar professionals, organizations, or programs.
You must be at least 18 years old to purchase from safebvm.com.
IMPORTANT SAFETY NOTICE
THE SOTAIR® ADULT TRAINING DEVICE IS INTENDED SOLELY FOR TRAINING, SIMULATION, AND EDUCATIONAL USE.
DO NOT USE THE SOTAIR® ADULT TRAINING DEVICE ON PATIENTS OR IN ANY CLINICAL, EMERGENCY RESPONSE, FIELD DEPLOYMENT OR PATIENT-CARE SETTING.
USE OF THE DEVICE MUST FOLLOW SAFEBVM TRAINING MATERIALS, TRAINING VIDEOS, INSTRUCTIONS, AND PRODUCT GUIDANCE.
UNAUTHORIZED OR IMPROPER USE MAY RESULT IN PRODUCT DAMAGE, TRAINING INACCURACIES, OR SAFETY RISKS.
SAFEBVM MAY SEPARATELY OFFER OTHER PRODUCTS INTENDED FOR CLINICAL ENVIRONMENTS (SEE USE OF THE SOTAIR® ADULT TRAINING DEVICE BELOW).
ORDERS, PRICING, AND PAYMENT
All prices are listed in U.S. dollars.
SafeBVM Shop
Product descriptions, pricing, promotions, availability, and included benefits are subject to change without notice. Promotional pricing, (including any launch sale or free-shipping promotion) is offered for a limited time and may be modified or discontinued at any time.
When you place an order, you are submitting an offer to purchase. A binding agreement is formed only after SafeBVM accepts the order and provides shipment confirmation. We reserve the right to accept or decline any order for any reason, including suspected fraud, pricing errors, product unavailability, or inventory constraints, or compliance concerns.
Payment is processed at the time of order. We accept major credit and debit cards through our third-party payment processor. You are responsible for any taxes, duties, customs, charges, or other fees imposed by your jurisdiction.
PRODUCTS AND PURCHASE OPTIONS
SafeBVM may offer the following products or purchase options through SafeBVM, authorized distributors, or other approved channels:
Sotair® — Adult clinical-use device, available through SafeBVM, authorized distributors, or pre-connected via Motion Medical.
Sotair® Training Device — adult training device for training, simulation, and educational use.
SotairIQ™ — training package, which may include tablet, software, sensor, test lungs, Sotair device, discs, Y-connector, and related components, as specified at the time of purchase.
The products, components, pricing, and channels listed above are provided for informational purposes and may change. The specific items included with your purchase will be as stated at checkout or in the applicable order confirmation.
WHAT'S INCLUDED WITH YOUR PURCHASE
Unless otherwise stated at checkout, each Sotair® Adult Training Device order may include:
- One Sotair® Adult Training Device
- Information about the SotairIQ Training and Monitoring System
- Training videos or related educational materials
- Access to the virtual live workshop, taught by SafeBVM clinical educators that offers one hour of CAPCE-accredited continuing education credit
CAPCE-accredited workshop access and other digital or educational benefits require the customer to sign-up using the QR on the shipment packaging. Educational benefits, workshops, CAPCE credits, promotional materials, and digital content are non-transferable, non-refundable, have no cash value, and may be modified or discontinued at any time.
ORDER PROCESSING THROUGH THIRD-PARTY PROVIDERS
SafeBVM may use authorized third-party providers, including distributors and fulfillment partners such as Rescue Essentials, to process, fulfill, ship, and deliver orders. By placing an order, you acknowledge that certain fulfillment, shipping, logistics, customer support, and related services may be performed by such third-party providers.
To the extent your order is processed, fulfilled, shipped, or otherwise handled by a third-party provider, your purchase and related interactions may be subject to that provider’s applicable terms, policies, and procedures, including shipping, returns, privacy, and website terms. For Rescue Essentials, those terms are available at:
Shipping & Returns: https://rescue-essentials.com/shipping-returns
Privacy Policy: https://rescue-essentials.com/privacy-policy/
Terms and Conditions: https://rescue-essentials.com/terms-and-conditions/
SafeBVM may provide the third-party provider with limited customer and order information as reasonably necessary to process, fulfill, ship, deliver, support the order, and other customer success activities. The third-party provider may contact you regarding your SafeBVM order, related fulfillment matters, and other customer success activities.
SHIPPING AND DELIVERY
Shipping terms are detailed in our Shipping & Delivery Policy, which is incorporated into these Terms by reference. Except where otherwise required by applicable law, title and risk of loss transfer to you upon transfer of the order to the shipping carrier. In the event of a conflict between the Shipping & Delivery Policy and these Terms, these Terms govern unless otherwise required by applicable law.
RETURNS
Returns, refunds, and replacements are subject to our Return & Refund Policy, which is incorporated into these Terms by reference.
If your order arrives damaged, defective, tampered with, or incorrect, contact us within fourteen (14) days of delivery at info@safebvm.com with your order number and photos of the issue. Approved claims will be resolved in accordance with our Return & Refund Policy.
USE OF THE SOTAIR® ADULT TRAINING DEVICE
You agree to use the Sotair® Adult Training Device only for training, simulation, and education — and only in accordance with the included Quick-Start Guide or any other SafeBVM-provided instructions, training materials, videos, or product guidance.
The Sotair® Adult Training Device is not for patient care. You agree not to use it on any patient, in any clinical or field-deployment setting, or in any manner inconsistent with its training purpose.
You are solely responsible for the training and instructional decisions you make when using the device. The Sotair® Adult Training Device is intended to assist educators and trainees in building flow-control technique. It does not replace certification, clinical training, supervised instruction, professional judgment, or institutional protocols.
The clinical Sotair® device for patient care may be available by request through SafeBVM or authorized channels. Contact info@safebvm.com for clinical-device inquiries.
EXPORT
You may not purchase, export, re-export, transfer, or use the products in violation of applicable export control, sanctions, customs, or trade laws.
INTELLECTUAL PROPERTY
All content on safebvm.com and within the Services, including text, graphics, logos, images, videos, product designs, software, training materials, and educational content, is the property of SafeBVM Corp. or our licensors and is protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.
Sotair® and SotairIQ™ are trademarks of SafeBVM Corp. You may not use them without our prior written consent.
You may not copy, reproduce, modify, distribute, display, perform, publish, transmit, or create derivative works from any content on the Services without our prior written permission.
DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ”AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOTAIR® ADULT TRAINING DEVICE IS SOLD WITH THE WARRANTIES EXPRESSLY STATED ON THIS SITE OR IN APPLICABLE PRODUCT MATERIALS. WE DISCLAIM ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT THOSE THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.
THE SOTAIR® ADULT TRAINING DEVICE IS INTENDED TO ASSIST EDUCATORS IN TEACHING FLOW-CONTROL TECHNIQUE. IT DOES NOT GUARANTEE ANY SPECIFIC TRAINING OUTCOME AND DOES NOT REPLACE CERTIFICATION, SUPERVISED INSTRUCTION, PROFESSIONAL JUDGMENT, OR INSTITUTIONAL PROTOCOLS. SAFEBVM DOES NOT WARRANT THAT USE OF THE PRODUCT WILL RESULT IN ANY SPECIFIC EDUCATIONAL, COMPETENCY, CERTIFICATION, OR CLINICAL OUTCOME.
ACCEPTABLE USE
You agree not to:
- misuse the Services;
- interfere with site functionality or security;
- attempt unauthorized access;
- use automated scraping tools or bots without authorization;
- reverse engineer website functionality or software;
- upload malicious code;
- use the Services for unlawful purposes; or violate any applicable law, regulation, or third-party right.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAFEBVM CORP., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR OUR PRODUCTS.
SAFEBVM WILL NOT BE LIABLE FOR DAMAGES ARISING FROM MISUSE OF THE PRODUCT, UNAUTHORIZED MODIFICATION, FAILURE TO FOLLOW INSTRUCTIONS, OR USE OUTSIDE APPROVED TRAINING ENVIRONMENTS, OR USE IN ANY CLINICAL, EMERGENCY-RESPONSE, FIELD-DEPLOYMENT, OR PATIENT-CARE SETTING.
OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATING TO YOUR PURCHASE OR USE OF THE SOTAIR® ADULT TRAINING DEVICE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE AFFECTED PRODUCT.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SafeBVM Corp. and its officers, directors, employees, agents, contractors, licensors, service providers, and affiliates from and against any claims, damages, losses, liabilities, costs, and or expenses, including reasonable attorneys’ fees, arising from or relating to your misuse of the Sotair® Adult Training Device, including any clinical or patient-care use, your violation of these Terms, your violation of any law, or your violation of any third party’s rights.
FORCE MAJEURE
SafeBVM will not be liable for delays or failure to perform resulting from causes beyond our reasonable control, including, without limitation, carrier delays, supply shortages, labor disputes, natural disasters, governmental actions, cyber incidents, customs delays, health emergencies, or interruptions in transportation, utilities, communications, or supply chains.
GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles.
Any dispute arising from these Terms or your purchase will be resolved in the state or federal courts located in Suffolk County, Massachusetts, and you consent to the jurisdiction and venue of those courts.
CHANGES TO THESE TERMS
We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top. Continued use of the Services or purchase of our products after changes are posted constitutes your acceptance of the updated Terms.
SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable under applicable law, that provision will be enforced to the maximum extent permitted and the remaining provisions of these Terms will remain in full force and effect.
ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Shipping & Delivery Policy, Return & Refund Policy, and any other policies or terms expressly incorporated by reference, constitute the entire agreement between you and SafeBVM regarding your use of the Services and purchase of products, and supersede all prior or contemporaneous communications, understandings, or agreements, whether written or oral, relating to the subject matter herein.
WAIVER
No failure or delay by SafeBVM in exercising any right, remedy, power, or privilege under these Terms will operate as a waiver of that right or remedy. Any waiver of any provision of these Terms will be effective only if made in writing and signed by an authorized representative of SafeBVM.
ASSIGNMENT
You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without the prior written consent of SafeBVM. SafeBVM may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, financing, or sale of assets. Subject to the foregoing, these Terms will bind and benefit the parties and their respective successors and permitted assigns.
RELATIONSHIP TO OTHER POLICIES
These Terms of Service should be read together with our:
- Return & Refund Policy;
- Shipping & Delivery Policy; and
- Privacy Policy.