Terms of Use


These Terms of Use are effective as of November 1, 2012 and are between you and CPAP Assistance.com and its corporate affiliates (collectively, “us”, “we,” “CPAP Assistance.com,” or “the Company”), for the use of the www.cpapassistance.com website (hereinafter referred to as “the “Website”). The terms and conditions set forth in this Agreement constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the Website. The Company will not be bound by any additional or different terms on product order forms or other documents that are inconsistent with these terms. By using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Terms” or “Agreement”). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU: HAVE READ AND UNDERSTOOD THE TERMS OF USE AND THE RELATED PRIVACY POLICY; ARE AT LEAST EIGHTEEN (18) YEARS OLD AND HAVE THE LEGAL AUTHORITY TO ACCEPT THE TERMS OF USE; AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND THE RELATED PRIVACY POLICY, DO NOT USE THIS WEBSITE. THIS IS A LEGALLY BINDING AGREEMENT. YOU SHOULD REVIEW THESE TERMS OF USE PERIODICALLY AS THEY MAY BE REVISED FROM TIME TO TIME.

Use of the website

The Website is designed to provide products, support, assistance and information about sleep apnea. The information and services offered on this Website are provided solely for general information, and are not intended to (a) replace any advice or counsel from licensed medical professionals; (b) constitute medical advice or apply specifically for any individual's unique needs and situation; and (c) diagnose, mitigate, treat, cure or prevent any disease or health-related condition.

License to use site

Subject to your performance of all of the provisions of this Agreement, the Company hereby grants you a limited, terminable, personal, non-exclusive license to access and use the Website solely as provided herein. You may use the Website solely for personal and non-commercial purposes. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Website is not transferable. You acquire no rights or licenses in or to the Website and materials contained therein other than the limited right to utilize the Website in accordance with these Terms of Use.

Orders

These Terms of Use apply to all orders for products and services accepted by the Company. Acceptance of Member's order by the Company will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Member's order, these Terms shall govern. No order shall be binding upon the Company until the Company sends Member confirmation of such order through electronic mail, facsimile, or other written communication.

Prices, Taxes, Payment

All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction, unless otherwise prohibited by law. All prices presented on the site are subject to change at any time and without notice. Unless otherwise prohibited by law, Member will reimburse the Company for any such tax, fee or charge, at the time of sale or thereafter, that the Company is required to pay. Terms of payment are Due on Receipt unless otherwise stated at time of order and on confirmation. In the event that payment is not received within the time period specified in the payment terms, any unpaid balance shall bear interest at the rate of 1.5% per month, or the maximum amount allowed by law, if lower or if prohibited.

Returns, Changes, and Cancellations

Cancellations of and changes to orders for products and services, and returns of products by Member, will be subject to the Company’s then-existing return, change and cancellation fees, unless prohibited by law. Upon the request of Member, the Company will use commercially reasonable efforts to inform the Member of the return, change, and cancellation policies existing at the time of Member's request. The Company reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Member. Member agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns, unless prohibited by law. To return your supplies, please call: 1.855.434.4445. CPAP Assistance.com will gladly accept returned merchandise and provide a full refund or credit if the returned merchandise meets the following criteria: Merchandise must be returned within 30 days of the original shipping date; Merchandise must be returned unopened in the original manufacturer packaging in a re-sellable condition (includes condition of packaging) and include all accessories, manuals, brochures and manufacturer documentation; Patient must contact CPAP Assistance.com and receive a Return Authorization prior to returning the merchandise; It is the responsibility of the patient to ship the merchandise back to CPAP Assistance.com once a Return Authorization is issued, except in the case of shipping errors or defective product; Claims for shortages must be reported to CPAP Assistance.com within 14 days of receipt of the shipment. Missing product will be shipped to the patient at no additional charge.

Warranty

Products sold by CPAP Assistance.com and affiliates carry manufacturers’ warranties. The company will honor all warranties under applicable law, including replacing, free of charge, and Medicare-covered equipment. Specific Manufacturer’s warranty information can be found in the product packaging, or on the manufacturers’ websites.

Title, Delivery, and Acceptance

All sales of products are made F.O.B. the shipping point. Title and risk of loss of or damage to the products shall pass to Member on the date the products are delivered to a common carrier at the shipping point ("Shipment Date"), except that the Company will accept returns of substandard items from Medicare beneficiaries. In the event of any default by Member, the Company may decline to make further shipments without in any way affecting its rights. The Company will not be liable for delay or non-delivery of the products, resulting or arising from any cause beyond the reasonable control of the Company. The products will be deemed accepted on the Shipment Date, unless otherwise prohibited by law.

This website does not provide medical advice

All of the material provided on this Website, such as text, treatments, dosages, outcomes, charts, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Website are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

Privacy

Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses, and/or credit card information, and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which can be accessed through the following link: Privacy Policy. Additionally, the Company’s HIPAA Privacy Notice details the ways in which we and other parties might use health information that belongs to you.