Terms and Conditions
Use of TheCPAPShop.com
While using TheCPAPShop.com, you will not:
- post content of an inappropriate nature on the Sites; violate any laws, third party rights, or any of our policies;
- use TheCPAPShop.com, if you are below the age of 18, if you are unable to form legally binding contracts, or if you are temporarily or permanently suspended from TheCPAPShop.com;
- manipulate the price of any product or item listed on TheCPAPShop.com;
- manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to TheCPAPShop.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 such as exhibiting, importing or exporting Review data off of TheCPAPShop.com or by using it for some other purpose not related to TheCPAPShop.com;
- transfer your TheCPAPShop.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 (at our sole discretion) that might cause harm to TheCPAPShop.com, or to the interests or property of TheCPAPShop.com users;
- duplicate, change, or disseminate content from TheCPAPShop.com and our copyrights and trademarks; gather, compile, or in any way collect information about users, including email addresses, without first obtaining such user's express consent;
- impersonate any person or entity, including without limitation a TheCPAPShop.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 TheCPAPShop.com.
By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting of a review etc), you are agreeing the such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of TheCPAPShop.com. You grant or warrant that the owner of such content has expressly granted TheCPAPShop.com a royalty-free, perpetual, irrevocable, world-wide 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 web site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to Agile Medical LLC(TheCPAPShop.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 TheCPAPShop.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 TheCPAPShop.com, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.
We may also use 3rd party information, photos, or videos from manufacturers for marketing or informational purposes of the products we sell on TheCPAPShop.com. Any use of these 3rd party information, photos, or videos by a TheCPAPShop.com user will require that they get the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.
No Medical Advice; No Guarantees
You recognize and agree that the content made available through TheCPAPShop.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 TheCPAPShop.com. Users should never use any TheCPAPShop.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 TheCPAPShop.com.
Right To Refuse Service On All Orders
Agile Medical LLC (TheCPAPShop.com) reserves the right to refuse service to anyone at anytime at our sole discretion. In the case where we discontinue service we will continue to honor any warranty obligations as required by law.
TheCPAPShop.com will ship International orders to all countries except Cuba, Iran, Syria, North Korea, Brazil and Spain (due to customs laws).
The customer is responsible for determining, managing and paying any and all taxes and duties associated with an International transaction through TheCPAPShop.com. TheCPAPShop.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. TheCPAPShop.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 TheCPAPShop.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
TheCPAPShop.com will not be held responsible by you for other user's actions or inactions, including things posted by said users. Additionally, in no event shall TheCPAPShop.com guarantee constant or secure access to our websites or services, and normal functioning of TheCPAPShop.com may be interfered with or disrupted by numerous factors beyond the scope of our control. Also, according 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 TheCPAPShop.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.
You agree to release TheCPAPShop.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 TheCPAPShop.com.
Access and Interference
Much of the information on the TheCPAPShop.com website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to TheCPAPShop.com. You agree that you will not use any robot, spider, scraper or any other automated means to access the TheCPAPShop.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 TheCPAPShop.com framework;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from TheCPAPShop.com without the prior expressed written permission of TheCPAPShop.com and the appropriate third party, as applicable;
- interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of TheCPAPShop.com or any activities carried out on TheCPAPShop.com; or
- circumvent or use any other method to bypass the security measures we may use to prevent or restrict access toTheCPAPShop.com.
Mobile Terms & Conditions
The CPAP Shop offers its customers mobile marketing alerts regarding promotions, sales, offers, and cart reminders by SMS message (the "Service") on short code 57341.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. The CPAP Shop reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
- Authorize The CPAP Shop to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
- Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at (866) 414-9700. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on short code 57341, your message frequency may vary. You may receive alerts about:
- Promotions Offers
- Cart reminders
- Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. The CPAP Shop may add or remove any wireless carrier from the Service at any time without notice. The CPAP Shop and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from The CPAP Shop, text the word STOP to 57341 any time or reply STOP to any of the text messages you have received from The CPAP Shop. After texting STOP to 57341, you will receive one additional message confirming that your request has been processed.
You can text HELP for help at any time to 57341. You can contact us by phone at (866) 414-9700 or email us at firstname.lastname@example.org.
Changes to Terms
These mobile terms and conditions are subject to change at any time without notice.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of The CPAP Shop’s services will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and The CPAP Shop hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE CPAP SHOP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND THE CPAP SHOP AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and The CPAP Shop are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The CPAP Shop, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
- If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.