Last Modified: 11/11/2023
Prologue
Welcome to CPAPstoreUSA.com. By utilizing the services on the CPAPstoreUSA.com websites (CPAPstoreUSA.com and other related websites, joint ventures, and subsidiaries) (the “Sites”), you are consenting to the following terms with CPAPstoreUSA.com and the general principles for the websites of our subsidiaries and affiliates.
Before accessing the CPAPstoreUSA.com website and services, you must carefully read and accept all the terms and conditions in this User Agreement. The agreement applicable on any of our domains and subdomains is always the agreement found on the footer of each website.
This Agreement becomes effective upon acceptance for new users and on January 1, 2001 for all existing users.
Use of CPAPstoreUSA.com
While using CPAPstoreUSA.com, you agree not to:
- Post content of an inappropriate nature on the Sites;
- Violate any laws, third-party rights, or any of our policies;
- Use CPAPstoreUSA.com if you are below the age of 18, unable to form legally binding contracts, or temporarily or permanently suspended from CPAPstoreUSA.com;
- Manipulate the price of any product or item listed on CPAPstoreUSA.com;
- Manipulate or circumvent our fees, billing activities and processes, or fees owed to CPAPstoreUSA.com;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Engage in any action that may weaken or sabotage the User Review or User Ratings System;
- Transfer your CPAPstoreUSA.com account to another party without our consent;
- Distribute or post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes;
- Use any form(s) of technology that might cause harm to CPAPstoreUSA.com or to the interests or property of CPAPstoreUSA.com users;
- Duplicate, change, or disseminate content from CPAPstoreUSA.com and our copyrights and trademarks;
- Gather, compile, or in any way collect information about users without first obtaining such user’s express consent;
- Impersonate any person or entity, including without limitation a CPAPstoreUSA.com employee or agent, or otherwise misrepresent your affiliation with any person or entity;
- Register or use any email address that you do not own or for which you do not have the express permission of the owner to register with CPAPstoreUSA.com.
Abuse of CPAPstoreUSA.com
CPAPstoreUSA.com collaborates with its users to maintain the proper functioning of CPAPstoreUSA.com and to help safeguard its users. Please report to us any issues, inappropriate or offensive content, and violations of our policies.
CPAPstoreUSA.com reserves the right to suspend, deactivate, limit, or cancel our service and user accounts, impede or restrict access to our website, defer, or delete hosted content, and utilize technological methods or legal means to keep users off CPAPstoreUSA.com if, in our sole discretion, we think that they are causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and this Agreement. We may do this without limiting other possible remedies. We also have the ability to terminate user accounts that have no activity for a long period.
CPAPstoreUSA.com reserves the right to refuse service to anyone. We may, at our sole discretion, mark any customer or account “Do Not Provide.” Should this occur, we will continue to provide warranty and other related services as required by law; however, we will not sell any further products to the “Do Not Provide” customer.
Content License
By submitting communications or content to any part of this Site where such content would be viewable by the public, you agree that such submission is non-confidential for all purposes. Any submission to this website will be deemed and remain the property of CPAPstoreUSA.com. You grant or warrant that the owner of such content has expressly granted CPAPstoreUSA.com a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Usage of Content
Unless otherwise indicated, all information contained on this website, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to CPAPstoreUSA.com and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without CPAPstoreUSA.com’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the content displayed on any page of the website to be used by the user for personal and noncommercial uses, which do not harm the reputation of CPAPstoreUSA.com, provided that the user does not remove any trademarks, copyright, and any other notice contained in such content.
We may also use third-party information, photos, or videos from manufacturers for marketing or informational purposes of the products we sell on CPAPstoreUSA.com. Any use of these third-party information, photos, or videos by a CPAPstoreUSA.com user will require that they get the appropriate consent from the responsible third party before using those third-party images or information.
No Medical Advice; No Guarantees
You recognize and agree that the content made available through CPAPstoreUSA.com is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice or counseling or as the practice of medicine or as the creation of a physician-patient relationship with CPAPstoreUSA.com. Users should never use any CPAPstoreUSA.com resources in place of seeking professional advice from a licensed medical practitioner. We make no guarantees, promises, or predictions of success regarding any of the services or resources offered through CPAPstoreUSA.com.
Right To Refuse Service On All Orders
CPAP Store USA LLC (CPAPstoreUSA.com) reserves the right to refuse service to anyone at any time at our sole discretion. In the case where we discontinue service, we will continue to honor any warranty obligations as required by law; however, we will not sell any further products to the “Do Not Provide” customer.
International Policy
CPAPstoreUSA.com will ship international orders to all countries except Cuba, Iran, Syria, North Korea, and Spain due to customs laws in those countries.
The customer is responsible for determining, managing, and paying any and all taxes and duties associated with an international transaction through CPAPstoreUSA.com. CPAPstoreUSA.com will not pay and cannot quote taxes and duties. We will accept international prescriptions if the customer and prescribing doctor are residents of the same country and the prescription provided meets the guidelines set down by the country of origin. When required, prescriptions do not have to be in English; however, we reserve the right to request a translation if deemed necessary. CPAPstoreUSA.com reserves the right to refuse any international order it determines does not meet our requirements.
Warranties will be honored on all products purchased through CPAPstoreUSA.com; however, the customer is responsible for any and all international shipping charges related to returning an item for repair, replacement, or service and if necessary, any and all international shipping charges for sending it back to the customer.
Limitation of Liability
CPAPstoreUSA.com will not be held responsible by you for other users’ actions or inactions, including things posted by said users. Additionally, in no event shall CPAPstoreUSA.com guarantee constant or secure access to our websites or services, and normal functioning of CPAPstoreUSA.com may be interfered with or disrupted by numerous factors beyond the scope of our control. Also, to the fullest extent permitted by law, we exclude all implied warranties, terms, and conditions. We are not liable for any loss of money, goodwill, or reputation or any special, indirect, incidental, or consequential damages arising out of your use of CPAPstoreUSA.com. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $100.
Release
You agree to release CPAPstoreUSA.com, trustees, officers, agents, directors, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with CPAPstoreUSA.com.
Access and Interference
Much of the information on the CPAPstoreUSA.com website is updated in real-time and is exclusive to the owners or is licensed by third parties for our users to CPAPstoreUSA.com. You agree that you will not use any robot, spider, scraper, or any other automated means to access the CPAPstoreUSA.com website for any purpose without first obtaining our express written permission.
You also agree that you will not:
- Take any action, in our sole discretion, that imposes or might possibly impose an unreasonable or excessive load on the CPAPstoreUSA.com framework;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from CPAPstoreUSA.com without the prior expressed written permission of CPAPstoreUSA.com and the appropriate third party, as applicable;
- Interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of CPAPstoreUSA.com or any activities carried out on CPAPstoreUSA.com; or
- Circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to CPAPstoreUSA.com.
Privacy
We view protection of your privacy as an extremely important issue. We only use your information as described in the CPAPstoreUSA.com Privacy Policy. We do not sell or rent your personal information to third parties for their marketing purposes. Your information is stored and processed on dedicated servers located in the United States that are protected by physical and technological security measures. You may change and access the information you provide to us by logging in to your CPAPstoreUSA.com account. We use third parties to check and certify the protection of your privacy. Please do not use CPAPstoreUSA.com if you have any objections whatsoever to your information being transferred or used in the way described herein.
Your Account
If you use this site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CPAPstoreUSA.com does sell some products for children but sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use CPAPstoreUSA.com only with the involvement of a parent or guardian. CPAPstoreUSA.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Once a sale has occurred, CPAPstoreUSA.com is bound by law to retain information necessary to meet manufacturer-related FDA recalls and government regulatory requests. Upon request, we will set your account inactive. Inactive accounts are inaccessible via the My Account feature, and no additional orders can be placed or charges can be made to inactive accounts.
Typographical Errors
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, CPAPstoreUSA.com shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. CPAPstoreUSA.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed, and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CPAPstoreUSA.com shall issue a credit to your credit card account in the amount of the incorrect price.
Risk of Loss
Much of the information on the CPAPstoreUSA.com website is updated in real time and is exclusive to the owners or is licensed by third parties for our users on CPAPstoreUSA.com. You agree that you will not use any robot, spider, scraper, or any other automated means to access the CPAPstoreUSA.com website for any purpose without first obtaining our express written permission.
You also agree that you will not:
- Take any action, in our sole discretion, that imposes or might possibly impose an unreasonable or excessive load on the CPAPstoreUSA.com framework;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from CPAPstoreUSA.com without the prior expressed written permission of CPAPstoreUSA.com and the appropriate third party, as applicable;
- Interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of CPAPstoreUSA.com or any activities carried out on CPAPstoreUSA.com; or
- Circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to CPAPstoreUSA.com.
CPAPstoreUSA.com Product Descriptions
CPAPstoreUSA.com attempts to be as accurate as possible. However, CPAPstoreUSA.com does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. Please contact us to let us know if you find an error or discrepancy anywhere on CPAPstoreUSA.com.
Insurance and Insurance Claims
CPAPstoreUSA.com does not file any insurance claims for any reason.
ABN Notice For Medicare Beneficiaries
CPAPstoreUSA.com (CPAP Store USA LLC ) sells CPAP equipment to customers for cash. Medicare will not reimburse you for purchases you make on CPAPstoreUSA.com.
Indemnity
You agree to indemnify and hold CPAPstoreUSA.com, trustees, officers, agents, directors, subsidiaries, joint ventures, and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, use of our website, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and CPAPstoreUSA.com by this Agreement.
Notices
Except as specifically stated elsewhere, legal notices shall be served on CPAPstoreUSA.com’s national registered agent or to the email address you provide to CPAPstoreUSA.com during the registration or ordering process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Additionally, you may be served legal notice by mail to the address(es) on file with your CPAPstoreUSA.com account. In such case, notice shall be considered given 72 hours after the date of mailing.
Resolution of Disputes
If a dispute arises between you and CPAPstoreUSA.com, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and CPAPstoreUSA.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Ask a Question section. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Nevada as they apply to agreements entered into and to be performed entirely within Nevada between Nevada residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CPAPstoreUSA.com must be resolved by a court located in Clark County, Las Vegas, Nevada except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Las Vegas, Nevada for the purpose of litigating all such claims or disputes.
Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims
All claims you bring against CPAPstoreUSA.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, CPAPstoreUSA.com may recover attorneys’ fees and costs up to $1000, provided that CPAPstoreUSA.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Subscribe with CPAPstoreUSA.com Terms and Conditions
The following is a description of the terms on which CPAP Store USA LLC (CPAPstoreUSA.com) offers you our subscription services and allows you access and use of our website. If you sign up for a CPAPstoreUSA.com subscription, you accept these Terms, conditions, limitations, and requirements.
Subscription Benefit
The CPAPstoreUSA.com subscription service benefits include:
- Product discounts each time your subscription renews
- Free ground shipping
- You’re in control of your subscription frequency – edit and pause anytime
CPAPstoreUSA.com reserves the right to change the benefits of the subscription service or the eligibility for benefits at any time in its sole discretion. All benefits changes will apply to future orders including current subscriptions.
Subscription Eligibility
Subscription services are only available for customers residing in the United States and only available on the designated products with the “subscribe and save” option within the product catalog. You must also have an account with CPAPstoreUSA.com in order to participate. CPAPstoreUSA.com reserves the right to change the eligibility for the subscription service at any time. Your participation in the CPAPstoreUSA.com subscription service is for you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization.
Subscription Paused
Your CPAPstoreUSA.com subscription will continue until paused. You may manage or pause your Subscription with CPAPstoreUSA.com at any time from My Account > Subscriptions. Your subscription may be paused temporarily if there is not sufficient inventory to fulfill the subscription at the time of renewal or paused permanently if there is discontinuation of a product(s)/service(s) included in the subscription or email support@cpapstoreusa.com.
Subscription Fees
The Subscription Fee will remain fixed during the initial term of your subscription unless you subscribe to additional items. We may also choose to increase/decrease your fees upon written notice to you.
Shipping Fees
The shipping fee associated with the subscription is determined by the shipping method selected at the initial purchase of the subscription. All subscriptions are eligible for free ground shipping, but a shipping charge will be assessed for other shipping methods. A customer can change the shipping method for their subscription by calling customer service at 1-888-512-7278.
Fee Adjustments at Renewal
Upon renewal, we may increase your fees up to our then-current list price set out in our Product and Services Catalog. If you do not agree to this increase, you can choose to pause your subscription before the start of your next renewal term.
Renewal
Your subscription will automatically create a new order according to your selected renewal schedule until you pause the subscription.
Your subscription may be placed on hold if all eligible payment methods we have on file for you are declined for payment of your subscription fee or if there is no stock available to fulfill your subscription. If you provide us with a new eligible payment method and are successfully charged, your new subscription period may change based on the date we receive the updated payment method. Similarly, your renewal period may change if there is no stock availability to fulfill your subscription. Visit My Account to see renewal dates for your subscription. Your subscription will renew automatically until you cancel your subscription.
For the purposes of pricing your order, the price of the subscription is calculated as of the time the order is created, and will not be updated further after that time.
UNLESS YOU NOTIFY US BEFORE YOUR RENEWAL DATE THAT YOU WANT TO PAUSE OR CANCEL, YOU UNDERSTAND YOUR CPAPstoreUSA.com SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Returns
All returns with CPAPstoreUSA.com subscriptions are subject to the CPAPstoreUSA.com Returns Policy.
Additional Terms
The following policies are incorporated into this Agreement and set forth additional terms and conditions that are related to specific services offered on the Site:
- Returns Policy – Click to read this policy
Each of these policies may be changed at any time. Changes take effect at the time they are posted on CPAPstoreUSA.com. When you use various services on CPAPstoreUSA.com, you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on CPAPstoreUSA.com are hereby incorporated into this Agreement.
General
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The section titles and headings in this Agreement are for reference or convenience only and have no legal or contractual effect and in no way limit the scope or extent of such section. Failure of CPAPstoreUSA.com to take action in regards to a violation of this Agreement by you or others in no way waives our rights to take action with respect to subsequent or similar violations. In no way do we guarantee that we will take action against all violations of this Agreement. CPAPstoreUSA.com is located at 3325 W Desert Inn Road, unit 201 and 301, Las Vegas, Nevada, 89102.
We may make changes or amendments to this Agreement at any time by posting the amendments on CPAPstoreUSA.com. All changes to this Agreement shall automatically become effective.
Supplier Standards
CPAPstoreUSA.com complies with the following supplier standards:
- We will fill all orders from our own inventory or inventory of other companies for which we have contracts to fill such orders.
- We will utilize industry standard delivery services (e.g., FedEx or USPS) to effectively deliver products to your specified address. We will retain and provide tracking information for each shipment.
- We will respond to any questions or complaints you may have about the products we offer. If we can’t properly address the question or complaint, we will refer you to the manufacturer.
- We will not rent any products or services.
Customer Rights
As a customer of CPAPstoreUSA.com, you have the right to:
- Be fully informed in advance about the product to be provided by CPAPstoreUSA.com. As such, CPAPstoreUSA.com will not provide you with the product unless and until you have ordered the product.
- Be fully informed in advance of any changes in the product to be provided by CPAPstoreUSA.com. As such, CPAPstoreUSA.com will only provide you with the product you have requested.
- Voice grievances without fear of discrimination or reprisal. As such, complaints or concerns may be directed to support@cpapstore.com
- Confidentiality of personal information. Please, refer to our Privacy Policy for how CPAPstoreUSA.com ensures confidentiality of your personal information.
- Privacy with treatment and care.
- Have your property treated with respect. As such, CPAPstoreUSA.com will only have access to any CPAP equipment you have submitted for warranty or repair. We will treat this equipment with respect.
- Be fully informed of our telephone numbers, how you and submit questions or complaints. As such, our contact number is 1-888-512-7278. We will address questions or concerns Monday through Saturday from 9 AM to 5 PM . You may also direct any complaints to support@cpapstoreusa.com. CPAPstoreUSA.com will respond to your question or complaint in a timely manner.
- Be free from mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including injuries of an unknown source.