Terms and Conditions

The Terms and Conditions that The Online CPAP Store offers its services, along with the terms and conditions that allow you to access our site is detailed below: 


Welcome

The Online CPAP Store welcomes you. Read and accept all the following terms and conditions in this User Agreement prior to using our services and/or websites. “Websites” refers to The Online CPAP Store and related subsidiaries, websites and joint ventures. You agree to these terms and conditions by using The Online CPAP Store, as well as the general principles of our affiliates’ and subsidiaries’ websites.
As of May 8, 2015, this agreement will become effective upon acceptance for all new and existing users of The Online CPAP Store.
Do not use The Online CPAP Store if you cannot agree to the Terms and Conditions. 

Using The Online CPAP Store


When you use The Online CPAP Store, you agree to not:
•    Post inappropriate content on the Site; violate our policies, any laws, or rights belonging to third parties.
•    Use the Site if you are legally a minor or are unable to agree to legally binding contracts.
•    Use the Site if we have suspended you either temporarily or permanently. 
•    Manipulate product prices we have listed on the Site.
•    Attempt to undermine, manipulate or bypass the activities and processes we have in place for billing, any fees we set forth or any fees owed to The Online CPAP Store.
•    Post content that is libelous, untrue, inaccurate, defamatory or misleading. This includes information that is personal.
•    Perform activities that have the potential to either weaken or sabotage our User Review and User Ratings System. This includes taking away or placing Review data on the The Online CPAP Store, exhibiting it elsewhere or else using it for reasons not pertaining to or related to The Online CPAP Store.
•    Transfer the account you have with the The Online CPAP Store to a third party, unless it is with our consent.
•    Use the Site to disseminate, distribute or otherwise transmit unsolicited and/or unauthorized spam, junk mail, advertising, promotional materials, chain letters, or pyramid schemes.
•    Utilize technology of any form that has the potential to cause harm to The Online CPAP Store, or to the interest and property of other Site users.
•    Accumulate, compile or collect user information and data, including contact information without first obtaining the user’s permission to do so.
•    Distribute, use or copy content from The Online CPAP Store and our copyrights and trademarks.
•    Use The Online CPAP Store under the guise of another person or entity, or else impersonate or misrepresent your affiliation with another person or entity.
•    Falsely represent yourself as an employee or agent of The Online CPAP Store.
•    Use an email address which you do not own or have permission to use by the owner of said email for the purpose of registering with or using The Online CPAP Store.
•    Employ the use of scrapers, spiders, robots, bots or any other automated means to access the Site without our express permission.
•    Perform an action that could cause an excessive or unreasonable load on The Online CPAP Store’s framework.
•    Attempt to tamper with, meddle, interfere or obstruct the proper and normal functioning of either The Online CPAP Store or the activities carried out on the Site.
•    Use any means, whether digitally or otherwise, to bypass or manipulate security measures we placed on the Site to restrict or block access to The Online CPAP Store.

Abusing The Online CPAP Store

The Online CPAP Store relies on its agents, employees and users to continually keep the Site in good working order and to keep its users safe. If you notice any violations of our policies or any content you deem inappropriate or offensive, please report it to us.
We reserve the right to refuse service to anyone; to suspend any account for any reason, including if a user is acting a manner that is harmful to The Online CPAP Store and its users or is causing potential legal liabilities or else is not acting within the letter or spirit of our policies.
We reserve the right to impede, defer, or restrict access to The Online CPAP Store to anyone who has been deemed to have acted in the above manner. This will be done at our discretion only. This may be done by us without limiting other possible remedies. We will also reserve the right to delete a user account for any reason, including long periods of inactivity. We may also mark accounts as “Do Not Provide.” If this occurs, we will still provide warranty-related services as the law requires, but we will decline to sell any other products to the user. 

Licensing content

Any communications or content posted to areas of the Site that are viewable to the public will be considered non-confidential, and are the property of The Online CPAP Store. We have the irrevocable, non-exclusive world-wide license to perpetually use the content royalty-free, as well as to copy, disseminate, publish, distribute, translate, display or edit the content in any form or format now in existence or that will be created in the future. 

Using our Content

The information on this Site is deemed the copyrighted property of The Online CPAP Store. This includes videos, graphics, texts, logos, audio and images. It may not be altered, copied, sublicensed, reproduced, stored for later use, displayed or performed unless you first obtain written permission from The Online CPAP Store. This includes using content in whole or in part. Exceptions to this rule include information that is stored in a sole computer’s hard drive cache or RAM for the purposes of making browsing easier or copying information for noncommercial and personal use that will not in any way harm The Online CPAP Store or its reputation. These exceptions remain in place as long as no trademarks are removed. 
On occasion, The Online CPAP Store will use third-party content such as graphics, text, videos and audio from sources such as the manufacturers. Should you choose to use this content, you must first gain permission from the third party to do so. 

We do dispense medical advice

While The Online CPAP Store places resources on the Site, it should not be used in place of seeking medical advice from a license medical practitioner. The content on the Site is for informational purposes only, and The Online CPAP Store does not seek to supersede nor create a physician-patient relationship with you. No content is to be used or construed as medical advice or counseling, nor is it to be perceived as the practice of medicine. We neither promise nor guarantee success from using any products, resources or services The Online CPAP Store offers. 


Ordering Internationally

We can ship orders anywhere in the world, except where it is prohibited by law. It is the user’s responsibility to pay all taxes and/or duties that come with making an international transaction. We can neither quote nor pay international taxes and/or duties. 
It is also the user’s responsibility to pay International shipping for issues regarding replacement, repair or service of any products purchased on the Site, including the cost of shipping the item back to the user.
International prescriptions are accepted only if the user and the users’ prescribing doctor reside in the same country and the prescription meets the country of origin’s guidelines. While prescriptions do not necessarily need to be in English, we reserve the right to request translation be provided. We can deny an International order if we determine it does not meet our requirements. 


Limiting Liability


By using The Online CPAP Store, you agree to release us from liability arising from any and all harm you perceive to have received from using the Site, including damage to reputation or goodwill or the loss of money. This includes any incidental, indirect, consequential or special damages resulting from your use of the Site.
Constant or secure access to our Site or services is no guaranteed. Factors beyond our control may interfere with the normal function of this Site. To the extent that the law allows, we exclude all warranties and terms and conditions which are implied. If you live in a jurisdiction where exclusion of damages or disclaimer of warranties is not allowed, then such exclusions or disclaimers may not apply to you.  
You further agree that The Online CPAP Store is not responsible for the actions or inactions of other users, including things that are posted by other users. 
Should The Online CPAP Store be found liable in spite of what is stated in this section, you agree that our liability to you or any third party will be limited to $100. 

Release

By using this site, you agree that you are releasing The Online CPAP Store and its employees, trustees, joint ventures, officers, subsidiaries, agents and directors from damages both actual and consequential as well as claims and demands of every kind of nature, including those that are real or imaginary or known or unknown that are connected to or in some way arose from a dispute with The Online CPAP Store.

Privacy Policy

The Online CPAP Store does not sell or release your personal information to third parties for marketing purposes. Third parties are used to certify and check the security of your information. You may modify the information you provided to us by accessing your The Online CPAP Store account. Your privacy is highly important to us, which is why we have advanced security measures in place to protect it. This includes storing data on servers within the United States, and enacting both technological and physical procedures to ensure its safety. 

User Accounts

The law requires The Online CPAP Store to retain certain information after a transaction has taken place. This includes information necessary to contact you regarding government regulatory requests and recalls by the FDA and manufacturers. 
It is your responsibility to safeguard and maintain your account’s confidentiality, including the password associated with it. You are responsible for all activities that take place under your account and password. If you are under the age of 18, you must have a parent or guardian involved with any transaction you perform at the Site. 
We have the right to suspend or remove accounts at our sole discretion. We also reserve the right to refuse service, cancel orders and edit or remove content. 

Typographical Mistakes

If products or services are listed under an incorrect price because of a typographical error, then The Online CPAP Store reserves the right to cancel or refuse an order placed for said product or service. This can be done even if the order has been confirmed and your credit card has been charged. If we do cancel your order and the credit card has been charged, then we will credit the amount you were charged to your credit card account. 

Risk of Loss

Anything you buy from The Online CPAP Store is subject to a shipment agreement. Once we deliver the items to the carrier, the risk of loss and title for the items passes to you. 
Accuracy in the Descriptions
We strive for accuracy at The Online CPAP Store. If you catch an error in product descriptions, please contact us and let us know. Note that The Online CPAP Store does not guarantee that the content, information and descriptions on the Site are reliable, accurate, current, complete or error-free. 


Insurance Claims and Accepting Assignments

The Online CPAP Store does not file insurance claims or accept assignments for any reason. Nor are we an insurance company or health care organization provider. 

Medicare 


We neither have a Medicare number nor are a Medicare provider. You will not be reimbursed by Medicare for purchases you make on The Online CPAP Store. The Online CPAP Store does not work with social benefit programs, government-based insurers or private insurers. Nor do we accept assignments.

Indemnity

You agree to indemnify and hold harmless The Online CPAP Store, trustees, officers, agents, directors, subsidiaries, joint ventures and employees from any loss, claim, liability or demand (including reasonable attorneys’ fees), that a third party makes as a result of or arising out of your use of this Site, breach of these Terms and Conditions, your violation of the rights of a third party or your violation of any law.


No Agency Relationship

This Agreement does not intend or create a franchiser-franchisee relationship, agency, employee-employer, partnership or joint venture between The Online CPAP Store and you. 
Legal Notices
Should we send you a legal notice, we shall do so via The Online CPAP Store's national registered agent or the email address you provided when you registered or ordered. 24 hours after the email is sent, we will consider that the notice has been given. We may also serve legal notice to the physical address you have on file with The Online CPAP Store. We will consider the notice as having been given 72 hours after we mail it. 

Disputes Resolution

The Online CPAP Store aims to resolve disputes between us and our customers quickly. If a claim or controversy at law or equity arises out of our services or this Agreement (a “Claim”), The Online CPAP Store and you agree to resolve it in accordance with one of the following subsections or as we otherwise agree to in writing. Should such a dispute arise, we urge you to contact us before taking any of the actions below. We will consider reasonable dispute resolution requests as alternatives to litigation, such as mediation or arbitration. 
•    Law and Forum for Disputes
- You agree that any claim or dispute you may have against The Online CPAP Store must be resolved by a court located in Erie County, New York. This does not apply if it is otherwise agreed to by the parties, as is laid out in the Arbitration Option paragraph. The laws of the State of New York govern this Agreement, as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. If you choose to litigate such a claim or dispute, you agree to submit to the personal jurisdiction of the courts located within Erie County, New York.
•    Arbitration Option
If a party is seeking relief in the amount of less than $10,000 (except for claims for injunctive or other equitable relief), then that party has the option to resolve the dispute via binding non-appearance-based arbitration. In this case, the party shall initiate arbitration through an established alternative dispute resolution ("ADR") provider that both parties agree upon. The following rules must then be complied with by both parties and the ADR provider: 1) the arbitration will not involve a personal appearance by the parties or witnesses, unless mutually agreed-to by the parties; 2) the arbitration will be conducted online, via telephone and/or be solely based on written submissions; the precise manner will be chosen by the party initiating the arbitration; 3) if the arbitrator renders an award or judgment, it may be entered in any court of competent jurisdiction.
•    Improperly Filed Claims
You agree that if you file or bring a claim against The Online CPAP Store and it is not done in accordance with Resolution of Disputes Section, then it shall be considered improperly filed. Should you file or proceed with a claim that is contrary to the Resolution of Disputes Section, then The Online CPAP Store may recover up to $1,000 in costs and attorney’s fees, provided that you failed to promptly withdraw the claim after being notified in writing of the improperly filed claim.  

Additional Terms

This Agreement includes the policies below, which are detailed in other Terms and Conditions that directly correspond with the specific services The Online CPAP Store offers:
•    Returns Policy - Click to read this policy
•    Return Insurance Policy - Click to read this policy
•    Loaner Policy - Click to read this policy 
The Online CPAP Store reserves the right to change these policies at any time. They take effect the moment they are posted to the Site. Use of The Online CPAP Store’s services means you are subjected to any applicable rules or posted policies. Both are incorporated into this Agreement. 

General

The headings and section titles in this Agreement have no legal or contractual effect; they are for reference only, and do not limit the scope or extent of such section. The remainder of this Agreement shall still be in effect even if a portion of it is found invalid or unenforceable. Should The Online CPAP Store fail to take action against you or any third party that violates this Agreement, we do not waive our rights to take action in regards to subsequent violations. We do not guarantee that we will take action against every violation of the Agreement.  
The Online CPAP Store is located at 1900 Ridge Road Suite 129, West Seneca, NY 14224.
This Agreement can be changed or amended at any time. Changes and amendments become automatically effective at the time we post them.