Welcome to CPAP EquipSource. By using the services on the CPAP411.com websites (CPAP EquipSource and other related websites, joint ventures and subsidiaries) (the “Sites”), you are agreeing to the following terms with CPAP EquipSource and the general principles for the websites of our subsidiaries and affiliates.
Before you may use the CPAP EquipSource website and services, you must read and accept all of the terms and conditions in this User Agreement. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This Agreement is effective upon acceptance for new users and on March 1st, 2023 for all existing users.
While using CPAP EquipSource, you will not:
CPAP EquipSource works together with its users to keep cpp411.com operating properly and to help safeguard its users as much as possible. Please report to us any issues, inappropriate or offensive content, and violations of our policies.
CPAP EquipSource may suspend, deactivate, limit, or cancel our service and user accounts, impede or restrict access to our website, defer, or delete hosted content, and utilize technological methods or legal means to keep users off of CPAP EquipSource, if in our sole discretion, we think that they are causing issues, potential legal liabilities, or are acting in a manner inconsistent with the letter or spirit of our policies and this Agreement. We may do this without limiting other possible remedies. We also have the ability to terminate user accounts that have no activity for a long period of time.
CPAP EquipSource reserves the right to refuse service to anyone. We may, at our sole discretion, mark any customer or account “Do Not Provide”. Should this occur, we will continue to provide warranty and other related services as required by law, however we will not sell any further products to the “Do Not Provide” customer.
By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of CPAP EquipSource. You grant or warrant that the owner of such content has expressly granted CPAP EquipSource a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
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 CPAP EquipSource, 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 CPAP EquipSource’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of CPAP EquipSource, 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 CPAP EquipSource. Any use of these 3rd party information, photos, or videos by a CPAP EquipSource user will require that they get the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.
You recognize and agree that the content made available through CPAP EquipSource 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 CPAP EquipSource. Users should never use any CPAP EquipSource 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 CPAP EquipSource.
CPAP EquipSource reserves the right to refuse service to anyone at anytime at our sole discretion. In the case where we discontinue service we will continue to honor any warranty obligations as required by law.
CPAP EquipSource 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 CPAP EquipSource guarantee constant or secure access to our websites or services, and normal functioning of CPAP EquipSource 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 CPAP EquipSource. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to $100.
You agree to release CPAP EquipSource, 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 CPAP EquipSource.
Much of the information on the CPAP EquipSource website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to CPAP EquipSource. You agree that you will not use any robot, spider, scraper or any other automated means to access the CPAP EquipSource website for any purpose without first obtaining our express written permission.
You also agree that you will not:
We view protection of your privacy as an extremely important issue. We only use your information as described in the CPAP EquipSource 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 CPAP EquipSource account. We use third parties to check and certify the protection of your privacy. Please do not use CPAP EquipSource if you have any objections whatsoever to your information being transferred or used in the way described herein.
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. CPAP EquipSource 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 CPAP EquipSource only with involvement of a parent or guardian. CPAP EquipSource reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Once a sale has occurred, CPAP EquipSource is bound by law to retain information necessary to meet manufacturer related FDA recalls and government regulatory requests. Upon request, we will set your account inactive. Inactive accounts are inaccessible via the My Account feature and no additional orders can be placed or charges can be made to inactive accounts.
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, CPAP EquipSource shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. CPAP EquipSource 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 cancelled, CPAP EquipSource shall issue a credit to your credit card account in the amount of the incorrect price.
Much of the information on the CPAP EquipSource website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to CPAP EquipSource. You agree that you will not use any robot, spider, scraper or any other automated means to access the CPAP EquipSource website for any purpose without first obtaining our express written permission.
You also agree that you will not:
CPAP EquipSource attempts to be as accurate as possible. However, CPAP EquipSource does not warrant that product descriptions 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 CPAP EquipSource.
CPAP EquipSource does not accept assignment. We are not a provider for any insurance company or health care organization. CPAP EquipSource does not file any insurance claims for any reason.
CPAP EquipSource 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 assignment. CPAP EquipSource is not a Medicare provider nor do we have a Medicare number. Medicare will not reimburse you for purchases you make on CPAP EquipSource.
You agree to indemnify and hold CPAP EquipSource, 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, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and CPAP EquipSource by this Agreement.
Except as specifically stated elsewhere, legal notices shall be served on CPAP EquipSource’s national registered agent or to the email address you provide to CPAP EquipSource during the registration or ordering process. 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 CPAP EquipSource account. In such case, notice shall be considered given 72 hours after the date of mailing.
If a dispute arises between you and CPAP EquipSource, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CPAP EquipSource 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. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
This Agreement shall be governed in all respects by the laws of the State of Ohio as they apply to agreements entered into and to be performed entirely within Ohio between Ohio residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CPAP EquipSource must be resolved by a court located in Cuyahoga County, Ohio, 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 Cuyahoga County, Ohio for the purpose of litigating all such claims or disputes
– 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 CPAP EquipSource 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, CPAP EquipSource may recover attorneys’ fees and costs up to $1000, provided that CPAP EquipSource has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
