By using this CPAPflow.com Web Site (“Site”), you agree to be legally bound by all the information contained in this Terms and Conditions Agreement (“Agreement”). Please read these terms carefully. By using this Site you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Site. In addition, when you use any current or future version of this Site or any other CPAPflow.com Web Site, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement.
PRIVACY
Please review our privacy policy, which also governs your visit to the Site, to understand our privacy practices. The terms and conditions of our privacy policy are incorporated herein and made a part of this Agreement.
ORDERS
CPAPflow does sell products for children, but it does not sell products to children. CPAPflow.com only sells products to adults, ages 18 years and older, who can purchase them with a credit card. CPAPflow.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if CPAPflow.com believes that user conduct violates applicable law or is harmful to the interests of CPAPflow or its affiliates.
COPYRIGHT
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by CPAPflow.com or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of CPAPflow or any third party.
The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of CPAPflow or its lawful successors and assigns. For usage permission, contact us.
NOTICE OF COPYRIGHT INFRINGEMENT
CPAPflow respects the intellectual property of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide CPAPflow’s Copyright Agent with the following information:
Identification of the copyrighted work claimed to have been infringed;
Identification of the allegedly infringing material on the Site that is requested to be removed;
Your name, address, and daytime telephone number, and an email address if available, so that CPAPflow.com may contact you if necessary;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed, and
An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
LICENSE AND SITE ACCESS
CPAPflow grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CPAPflow. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CPAPflow. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CPAPflow.com and our affiliates without express written consent. You may not use meta tags or any other hidden text using CPAPflow’s name or trademarks without the express written consent of CPAPflow. Any unauthorized use terminates the permission or license granted by CPAPflow.com.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CPAPflow.com so long as the link does not portray CPAPflow or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any CPAPflow logo or other proprietary graphic or trademark as part of the link without express written permission. You may not make any other part of this Site, other than the home page of the Site, available as part of another service by “deep linking,” or otherwise, without prior written permission from CPAPflow.
THIRD PARTY AND CO-BRANDED WEB SITES
This Site may contain hyperlinks (“links”) to Web Sites operated by persons or entities other than CPAPflow (“third-party Web Sites”) or to co-branded Web Sites operated by a third party, including affiliates (“co-branded Web Sites”). We provide such links for your reference and convenience only. A link from CPAPflow to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. CPAPFLOW.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
YOUR RESPONSIBILITIES
You agree to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from CPAPflow.com. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with CPAPflow or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
Accessing data not intended for you or logging into a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Site;
Sending unsolicited email, including promotions and/or advertising of products or services, and
Forging any TCP/IP packet header or any part of the header information in any email or posting.
RISK OF LOSS
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, CPAPflow.com. Title to products purchased on the Site, as well as the risk of
loss for such products, passes to you when CPAPflow.com delivers these items to the carrier.
PRODUCT INFORMATION
CPAPflow attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.
COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate.
THE CPAPFLOW GUARANTEE
CPAPflow guarantees every product we sell. If you are not satisfied with one of our products at the time you receive it, you may return the product to us for replacement, or refund in accordance with CPAPflow’s warranty policy. Damage due to wear and tear will not be accepted.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITE IS PROVIDED BY CPAPFLOW.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CPAPFLOW.COM MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CPAPFLOW.COM DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL CPAPFLOW.COM, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO CPAPFLOW.COM THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW AND DISPUTES
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Florida, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Florida. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to CPAPflow.com or to products you purchase through CPAPflow.com shall be submitted to confidential arbitration in Miami, Florida, United States of America, except that, to the extent you have in any manner violated or threatened to violate CPAPflow.com’s intellectual property rights, CPAPflow.com may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of Florida Rules of Civil Procedure with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless CPAPflow.com and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by CPAPflow.com arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another.
MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CPAPflow.com as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of CPAPflow.com ‘s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by CPAPflow.com with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of CPAPflow.comto enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between CPAPflow.com and you regarding our Site and its contents.
All rights not expressly granted herein are hereby reserved.
