Terms and Conditions
Terms and Conditions
Reading and accepting the Terms and Conditions of the CPAPfix.com is required before using the website.
Use of CPAPfix.com
While using CPAPfix.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 CPAPfix.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 CPAPfix.com;
- manipulate the price of any product or item listed on CPAPfix.com;
- manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to CPAPfix.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 CPAPfix.com or by using it for some other purpose not related to CPAPfix.com;
- transfer your CPAPfix.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 CPAPfix.com, or to the interests or property of CPAPfix.com users;
- duplicate, change, or disseminate content from CPAPfix.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 CPAPfix.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 CPAPfix.com.
Content License
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 to such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of CPAPfix.com. You grant or warrant that the owner of such content has expressly granted CPAPfix.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 web site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to CPAPfix.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 CPAPfix.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 non-commercial uses which do not harm the reputation of CPAPfix.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 CPAPfix.com. Any use of these 3rd party information, photos, or videos by a CPAPfix.com user will require that they get the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.
Copyright
All content included in or made available through any CPAPFix.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CPAPfix.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CPAPfix.com Service is the exclusive property of CPAPFix.com and protected by U.S. and international copyright laws.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CPAPfix.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material to us, including, but not limited to, via email, through our website, via mail, in person, and unless we indicate otherwise, you grant CPAPfix.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CPAPfix.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CPAPfix.com for all claims resulting from content you supply. CPAPfix.com has the right but not the obligation to monitor and edit or remove any activity or content. CPAPfix.com takes no responsibility and assumes no liability for any content posted by you or any third party.
No Medical Advice; No Guarantees
You recognize and agree that the content made available through CPAPfix.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 CPAPfix.com. Users should never use any CPAPfix.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 CPAPfix.com.
Right To Refuse Service On All Orders
CPAPfix.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.
International Policy
CPAPfix.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 CPAPfix.com. CPAPfix.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.
CPAPfix.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 CPAPfix.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
CPAPfix.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 CPAPfix.com guarantee constant or secure access to our websites or services, and normal functioning of CPAPfix.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 CPAPfix.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 CPAPfix.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 CPAPfix.com.
Access and Interference
Much of the information on the CPAPfix.com website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to CPAPfix.com. You agree that you will not use any robot, spider, scraper or any other automated means to access the CPAPfix.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 CPAPfix.com framework;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from CPAPfix.com without the prior expressed written permission of CPAPfix.com and the appropriate third party, as applicable;
- interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of CPAPfix.com or any activities carried out on CPAPfix.com; or
- circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to CPAPfix.com.
Privacy
We view the protection of your privacy as an extremely important issue. We only use your information as described in the CPAPfix.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 CPAPfix.com account. We use third parties to check and certify the protection of your privacy. Please do not use CPAPfix.com if you have any objections whatsoever to your information being transferred or used in the way described herein.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
CPAP fix (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at smisson@gmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Livermore, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which CPAP fix’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
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. CPAPfix.com does sell some products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use CPAPfix.com only with involvement of a parent or guardian. CPAPfix.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
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, CPAPfix.com shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. CPAPfix.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, CPAPfix.com shall issue a credit to your credit card account in the amount of the incorrect price.
Risk of Loss
All items purchased from CPAPfix.com are made pursuant to a shipment agreement. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
CPAPfix.com attempts to be as accurate as possible. However, CPAPfix.com does not warrant that product description 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 CPAPfix.com.
Insurance and Insurance Claims
CPAPfix.com does not accept an assignment. We are not a provider for any insurance company or health care organization. CPAPfix.com does not file any insurance claims for any reason.
ABN Notice For Medicare Beneficiaries
CPAPfix.com sells CPAP equipment to customers for cash. We do not work with private or government based insurers or social benefit programs. We do not accept an assignment. CPAPfix.com is not a Medicare provider nor do we have a Medicare number. Medicare will not reimburse you for purchases you make on CPAPfix.com.
Indemnity
You agree to indemnify and hold CPAPfix.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 CPAPfix.com by this Agreement.
Notices
Except as specifically stated elsewhere, legal notices shall be served on CPAPfix.com's national registered agent or to the email address you provide to CPAPfix.com during the registration or ordering process. A 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 CPAPfix.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 CPAPfix.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CPAPfix.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 Pennsylvania as they apply to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MyOxygenStore.com must be resolved by a court located in Montgomery County, Pennsylvania, 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 Montgomery County, Pennsylvania 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 CPAPfix.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, CPAPfix.com may recover attorneys' fees and costs up to $1000, provided that CPAPfix.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
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
- Privacy Policy
Each of these policies may be changed at any time. Changes take effect at the time they are posted on CPAPfix.com. When you use various services on CPAPfix.com, you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on CPAPfix.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 CPAPfix.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.
We may make changes or amendments to this Agreement at any time by posting the amendments on CPAPfix.com. All changes to this Agreement shall automatically become effective.
Reading and accepting the Terms and Conditions of the CPAPfix.com is required before using the website.
Use of CPAPfix.com
While using CPAPfix.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 CPAPfix.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 CPAPfix.com;
- manipulate the price of any product or item listed on CPAPfix.com;
- manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to CPAPfix.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 CPAPfix.com or by using it for some other purpose not related to CPAPfix.com;
- transfer your CPAPfix.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 CPAPfix.com, or to the interests or property of CPAPfix.com users;
- duplicate, change, or disseminate content from CPAPfix.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 CPAPfix.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 CPAPfix.com.
Content License
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 to such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of CPAPfix.com. You grant or warrant that the owner of such content has expressly granted CPAPfix.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 web site, such as text, graphics, logos, button icons, images, audio clips, videos are copyrighted by and proprietary to CPAPfix.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 CPAPfix.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 non-commercial uses which do not harm the reputation of CPAPfix.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 CPAPfix.com. Any use of these 3rd party information, photos, or videos by a CPAPfix.com user will require that they get the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.
Copyright
All content included in or made available through any CPAPFix.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of CPAPfix.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any CPAPfix.com Service is the exclusive property of CPAPFix.com and protected by U.S. and international copyright laws.
Reviews, Comments, Communications, and Other Content
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CPAPfix.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material to us, including, but not limited to, via email, through our website, via mail, in person, and unless we indicate otherwise, you grant CPAPfix.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CPAPfix.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CPAPfix.com for all claims resulting from content you supply. CPAPfix.com has the right but not the obligation to monitor and edit or remove any activity or content. CPAPfix.com takes no responsibility and assumes no liability for any content posted by you or any third party.
No Medical Advice; No Guarantees
You recognize and agree that the content made available through CPAPfix.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 CPAPfix.com. Users should never use any CPAPfix.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 CPAPfix.com.
Right To Refuse Service On All Orders
CPAPfix.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.
International Policy
CPAPfix.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 CPAPfix.com. CPAPfix.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.
CPAPfix.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 CPAPfix.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
CPAPfix.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 CPAPfix.com guarantee constant or secure access to our websites or services, and normal functioning of CPAPfix.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 CPAPfix.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 CPAPfix.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 CPAPfix.com.
Access and Interference
Much of the information on the CPAPfix.com website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to CPAPfix.com. You agree that you will not use any robot, spider, scraper or any other automated means to access the CPAPfix.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 CPAPfix.com framework;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from CPAPfix.com without the prior expressed written permission of CPAPfix.com and the appropriate third party, as applicable;
- interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of CPAPfix.com or any activities carried out on CPAPfix.com; or
- circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to CPAPfix.com.
Privacy
We view the protection of your privacy as an extremely important issue. We only use your information as described in the CPAPfix.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 CPAPfix.com account. We use third parties to check and certify the protection of your privacy. Please do not use CPAPfix.com if you have any objections whatsoever to your information being transferred or used in the way described herein.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
CPAP fix (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at smisson@gmail.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Livermore, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which CPAP fix’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
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. CPAPfix.com does sell some products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use CPAPfix.com only with involvement of a parent or guardian. CPAPfix.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
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, CPAPfix.com shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. CPAPfix.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, CPAPfix.com shall issue a credit to your credit card account in the amount of the incorrect price.
Risk of Loss
All items purchased from CPAPfix.com are made pursuant to a shipment agreement. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions
CPAPfix.com attempts to be as accurate as possible. However, CPAPfix.com does not warrant that product description 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 CPAPfix.com.
Insurance and Insurance Claims
CPAPfix.com does not accept an assignment. We are not a provider for any insurance company or health care organization. CPAPfix.com does not file any insurance claims for any reason.
ABN Notice For Medicare Beneficiaries
CPAPfix.com sells CPAP equipment to customers for cash. We do not work with private or government based insurers or social benefit programs. We do not accept an assignment. CPAPfix.com is not a Medicare provider nor do we have a Medicare number. Medicare will not reimburse you for purchases you make on CPAPfix.com.
Indemnity
You agree to indemnify and hold CPAPfix.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 CPAPfix.com by this Agreement.
Notices
Except as specifically stated elsewhere, legal notices shall be served on CPAPfix.com's national registered agent or to the email address you provide to CPAPfix.com during the registration or ordering process. A 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 CPAPfix.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 CPAPfix.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CPAPfix.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 Pennsylvania as they apply to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MyOxygenStore.com must be resolved by a court located in Montgomery County, Pennsylvania, 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 Montgomery County, Pennsylvania 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 CPAPfix.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, CPAPfix.com may recover attorneys' fees and costs up to $1000, provided that CPAPfix.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
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
- Privacy Policy
Each of these policies may be changed at any time. Changes take effect at the time they are posted on CPAPfix.com. When you use various services on CPAPfix.com, you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on CPAPfix.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 CPAPfix.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.
We may make changes or amendments to this Agreement at any time by posting the amendments on CPAPfix.com. All changes to this Agreement shall automatically become effective.