This User Agreement and all policies posted on our sites set out the terms on which CPAP Deals offers you access to and use of our sites, services, applications and tools (collectively "Services"). All policies and the CPAP Deals Privacy Policy are incorporated into this User Agreement. You agree to comply with all the above when accessing and using our Services.
The entity you are contracting with is The CPAP Experts, LLC, an Oklahoma Limited Liability Company.
This User Agreement is effective upon acceptance for users who accept it through registration of a CPAP Deals account or other electronic click-through.
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
CPAP Deals is a marketplace that allows users to offer, sell and buy CPAP equipment (and related items) in a variety of pricing formats and locations. As a marketplace, CPAP Deals does not own or sell most of the items listed on this site, so the actual contract for sale is directly between the sellers and buyers. Some items including accessories, supplies and machines are sold directly by CPAP Deals and will be specified accordingly. CPAP Deals is not a traditional auctioneer.
While we may provide pricing, shipping, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes through various programs, CPAP Deals has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
While using or accessing the Services you will not:
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.
We may change our fees from time to time by posting the changes on the CPAP Deals site.
You must have a payment method on file when selling on CPAP Deals and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.) In addition, you will be subject to late fees. CPAP Deals, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information CPAP Deals reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at CPAP Deals 3578 Hartsel Dr, Suite #144 Colorado Springs, CO 80920. If you wish to dispute the information a collection agency reported to a credit bureau regarding your CPAP Deals account, you must contact the collection agency directly.
When listing an item, you agree to comply with rules for listing and that:
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
When buying an item, you agree to the rules for buyers and that:
Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings.
To assist users who may speak different languages, we may translate listings and other user and/or CPAP Deals content, in whole or part, into other languages. If you are a buyer, we also may provide you with access to tools so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from a CPAP Deals user. The accuracy or availability of the translation resulting from such on-demand translation is not guaranteed.
When providing us with content or posting content using CPAP Deals’ Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.
You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.
We may offer catalogues of stock images, descriptions and product specifications that are provided by third-parties (including CPAP Deals users). You may use catalog content solely in connection with your CPAP Deals listings.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act.
To protect against the risk of liability, CPAP Deals has at times requested, and may continue to request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of a CPAP Deals Buyer Protection case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.
You agree to receive calls, including autodialed and/or pre-recorded message calls, from CPAP Deals at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the CPAP Deals corporate family and/or our affiliates, for their use, as authorized under our Privacy Policy. Members of the CPAP Deals corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services.
CPAP Deals does not offer a managed return process. You must work in cooperation with the other party to complete a return and refund through PayPal. Using PayPal for refunds allows users the added protection of PayPal terms and conditions. Do not send money outside of PayPal or the CPAP Deals website. If you do, we are not able to help with your return/refund.
CPAP Deals offers international trade between users in different countries. You can view items that offer shipping to your country by selecting your country in the Location search section on the search page. All payments including shipping will be paid at time of checkout. International shipping will be a growing process and our development will become more detailed as demand for these features increase.
Most CPAP Deals sales go smoothly, but if there's a problem with a purchase, CPAP Deals Buyer Protection helps buyers and sellers communicate and resolve issues. Buyers and sellers agree to comply with the policy and permit us to make a final decision on any CPAP Deals Buyer Protection case. If a seller is required to reimburse the buyer or CPAP Deals for a CPAP Deals Buyer Protection case, the seller authorizes CPAP Deals to remove the reimbursement amount (in same or other currency) from their PayPal account. The seller is required to have a valid payment method on file. If there are insufficient funds in the PayPal account, the seller authorizes CPAP Deals to charge any reimbursement amount owed to the payment method on file. We may also place the reimbursement amount on the seller's invoice. If seller does not provide CPAP Deals with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the CPAP Deals Buyer Protection policy without notice if we suspect abuse or interference with the proper working of the policy.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in CPAP Deals’ applications may not occur in real time. Such functionality is subject to delays beyond CPAP Deals’ control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold CPAP Deals responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
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 paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the CPAP Deals Buyer Protection Policy up to the price the item sold for on CPAP Deals (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of CPAP Deals Services or your breach of any law or the rights of a third party.
You and CPAP Deals agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the CPAP Deals User Agreement your use of or access to CPAP Deals’ sites, services, applications, and tools, or any products or services sold or purchased through CPAP Deals sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that the laws of the State of Oklahoma, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and CPAP Deals, except as otherwise stated in the User Agreement.
You and CPAP Deals each agree that any and all disputes or claims that have arisen or may arise between you and CPAP Deals relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to CPAP Deals Services, or any products or services sold, offered, or purchased through CPAP Deals Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND CPAP DEALS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CPAP DEALS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CPAP DEALS USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or CPAP Deals may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and CPAP Deals subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or CPAP Deals, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Oklahoma, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different CPAP Deals users, but is bound by rulings in prior arbitrations involving the same CPAP Deals user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If dispute arises between user and CPAP Deals, user agrees to pay any court costs, filing fees or other fees incurred from arbitration.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against CPAP Deals prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and CPAP Deals. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.Cpapdeals.com at least 30 days before the effective date of the changes and by providing notice through the CPAP Deals Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.
Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http://www.Cpapdeals.com, and shall not be effective as to any claim that was filed in a legal proceeding against CPAP Deals prior to the effective date of termination.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and CPAP Deals must be resolved exclusively by a state or federal court located in Oklahoma County, Oklahoma. You and CPAP Deals agree to submit to the personal jurisdiction of the courts located within Oklahoma County, Oklahoma for the purpose of litigating all such claims or disputes.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.Cpapdeals.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the CPAP Deals Message Center and/or by email. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a CPAP Deals representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the CPAP Deals site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
CPAP Deals’ Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.
The User Agreement, the CPAP Deals Privacy Policy, and all polices set forth the entire understanding and agreement between you and CPAP Deals and supersede all prior understandings and agreements of the parties.
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