This website is provided to you subject to the following conditions which you must agree to before using the Site. Please read the Terms carefully as they may affect your legal rights and obligations. If a conflict exists between the Terms, these Terms of Service will control. We reserve the right to make changes to our site, policies, and Terms at any time. If any part of the Terms shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SITE AND ACCOUNT ACCESS
Cpapusa.com grants you a limited license to access the Site for your personal use. The Site or any portion of it may not be reproduced, duplicated, copied, sold or resold, or otherwise exploited for any commercial purpose without express written consent of Cpapusa.com. Any unauthorized use of this Site terminates the license granted by Cpapusa.com. All content included on the Site, such as text, graphics, and images is the property of Cpapusa.com and is protected by United States and international copyright and trademark laws. Cpapusa.com's trademarks and trade dress may not be used without its express written consent.
Individuals under the age of 18 are not allowed to make purchases on the Site without the supervision of a parent or legal guardian. Children under the age of 13 are strictly prohibited from registering or making purchases with the Site. Furthermore, we do not knowingly collect, solicit personal information, or allow account registration from children under the age of 13.
If you use the Site, 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. You also agree to keep your contact information current, especially your email address. The Site reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
PRODUCT DESCRIPTIONS AND PRICING
Cpapusa.com attempts to be as accurate as possible, however, Cpapusa.com does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by Cpapusa.com itself is not as described, your sole remedy is to return it in unused condition.
We cannot confirm the price of an item sold by Cpapusa.com until you order. We will charge your credit card at the time your order has been received and approved, after which you will receive a confirmation e-mail of your order. On rare occasions, items on our Site may be mis-priced. If an item's correct price is higher than the stated price, we will, at our discretion, (i) contact you for instructions before processing the order, or (ii) cancel your order and notify you of such cancellation.
COMMUNICATIONS
When you visit the Site or send e-mails to us, you consent to receive communications from us electronically either by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our contact information is:
CPAPUSA.com
P.O. Box 1428
Stow, OH 44224
Phone: (888) 425-5763
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY LAW, CPAPUSA.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CPAPUSA.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM CPAPUSA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CPAPUSA.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THIS SITE AND ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CPAPUSA.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CPAPUSA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
NOTHING IN THE TERMS SHALL EXCLUDE OR LIMIT CPAPUSA.COM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY. AS SUCH, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
APPLICABLE LAW
By visiting Cpapusa.com, you agree that the laws of the State of Ohio, without regard to the conflict of laws, will govern the Terms and any dispute related to your visit or purchase from the Site that might arise between you and Cpapusa.com. You also agree that any legal dispute will be adjudicated in any state or federal court in Ohio, and you consent to exclusive jurisdiction and venue in such courts.
The provisions of the Terms are intended to be severable. If for any reason any provision of the Terms shall be held invalid or unenforceable in whole or in part, such provision shall be ineffective to the extent of such invalidity or unenforceability. The failure of Cpapusa.com to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
These Terms of Service were last revised on August 16, 2010.
