Terms and Conditions of Use 

www.cpapmyway.com

Last Updated July 1, 2021.

Please read these Terms and Conditions of Use ("Terms") and our Privacy Policy and Security Statement ("Privacy Policy") carefully prior to your ("user," "you" or "your" as applicable to the context) use of www.cpapmyway.com (this "Website"), your submission of information to CPAP MY WAY, LLC, a Florida limited liability company ("CPAPmyway", "we," "our" or "us" as applicable to the context) through this Website or purchase of any and all products through the use of this Website. By proceeding with any of the foregoing, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with all of these Terms and our Privacy Policy, you are not authorized to use this Website, and your sole remedy is to immediately discontinue use of this Website.

USE OF THIS WEBSITE

You are only entitled to use this Website for lawful purposes and pursuant to these Terms. Your use of this Website is restricted to gathering information about products and services offered for sale on this Website and purchasing and/or requesting products and services offered for sale on our Website. By using this Website or otherwise submitting information to CPAPmyway through this Website, you represent and warrant to CPAPmyway that you:

To determine your compliance with these Terms, we reserve the right, but not the obligation, to monitor your use of this Website.

JURISDICTIONAL RESTRICTIONS

Although this Website is accessible worldwide, this Website is neither designed nor intended for use outside the United States. Those who choose to access this Website from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of this Website to any person, geographic area, or jurisdiction. You shall, at all times, comply with all applicable laws, rules and regulations of the United States and all other applicable governmental entities governing, restricting or otherwise pertaining to the use, transmission, display, exporting or importing of data, products, services and/or technical information.

AVAILABILITY

Your use of this Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of this Website, or other actions that we may take in our sole discretion and from time to time. We reserve the right to modify, suspend or discontinue the availability of this Website, or any portion or feature of this Website, at any time and in our sole discretion and without prior notice. You, and not CPAPmyway, are solely responsible for maintaining, protecting, backing-up and providing redundant access to your Customer Information, Personal Information and User Generated Content (each as defined below).

REGISTERING FOR AN ACCOUNT

ORDER PROCESS

During the order process, we will ask you to provide us with your name, address, zip code, phone number and email address. These details are stored within our customer database and are used consistent with the terms of our Privacy Policy. Except as set forth in our Privacy Policy, your personal data will not be used without your consent.

During the order process, you will be asked to check a box whereby you confirm that you have read, understood and agreed to both the content and the applicability of these Terms and our Privacy Policy. We will not take or process any orders unless these Terms and our Privacy Policy have been accepted. The Terms in force at the time of completion of your purchase of a product will apply to your order, unless you and CPAPmyway specifically agree to the applicability of a newer, revised version of these Terms.

When placing an order on our Website you can choose to register with us and provide an e-mail address and password ("log¬in details"). Information that you provide on this Website must be complete and accurate at all times. You are responsible for maintaining the confidentiality of your login details. We shall not be liable for any damages or losses that may arise as a result of any failure by your security or the security offered by a third party. In the event that you have a concern regarding your login details or become aware of any misuse, please contact us at clay@cpapmyway.com. 

CONFIRMATION PROCESS

After placing an order, you will receive an e¬mail from us acknowledging that we received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an e¬mail that confirms that we have the product in our current inventory and that we have validated and received your payment for the product ("Payment Confirmation"). The contract between us ("Contract") will only be formed when we confirm receipt of your payment. Prior to that time, we may notify you that we do not accept the order, or you may cancel it.

All products that you order through the Website will remain our property until we have received your payment in full for the ordered products.

PAYMENT

We process payments as soon as we receive your order and payment information. We use a third party merchant service provider to receive and validate your payment information. After we confirm the product you requested is available in our current inventory and your payment information is validated, we will confirm the order and the product will be ready to be shipped for delivery to your designated place of delivery.

By agreeing to these Terms, you agree to our order and payment confirmation process, which includes the right to validate your payment information.

SECURITY

In order for us to process your payment with a debit or credit card, we will ask for your payment card details. We will ask you to provide these every time you make a payment to us. Except as set forth in these Terms, we will not contact you by email or otherwise to request any of your payment card details or security information. If you receive an e¬mail that purports to be from us that requests such information, please contact our customer service immediately at: clay@cpapmyway.com. 

It is your responsibility to ensure you have the all of the proper hardware, software and services to safely access and use our Website, including, without limitation, up to date anti¬virus software.

ACCURACY OF ORDER AND CANCELLATIONS

Except for an error as discussed below, the price you pay for a product is the price that was displayed at the time we received your order. We use reasonable endeavors to ensure all prices displayed on the Website are accurate. However, errors sometimes occur. If we discover an error in the price, we will contact you as soon as possible to give you the option of reconfirming your order with the actual price or canceling your order. If we are unable to contact you, the order will automatically be cancelled. If you cancel the order, but already paid for the order, we will refund you the full amount paid. All prices are shown in U.S. dollars. Prices for products on the Website exclude taxes delivery rates. Applicable taxes are display on the applicable Payment Confirmation. Delivery rates are displayed on our Website and on the applicable Payment Confirmation. All sizes, measurements and dimensions are approximate. We try to display them as accurately as possible, yet we cannot guarantee they are absolutely correct. We use reasonable endeavors to display pictures of the products as close as possible to their actual representation.

DELIVERY

Delivery charges and timeframes vary depending on the delivery address and the type of product you order. 

Delivery timeframes are estimates only. While we endeavor to meet our estimated delivery dates, occasionally, due to unforeseen factors, delays in delivery occur. We shall not be held responsible for any delay or failure to deliver products within the estimated timeframes if it is wholly or partly caused by circumstances which do not lie within our control.

If no one is available at your delivery address to accept the order, a note will be left to advise you of the current location of your order. Alternatively, your order may have be returned to one of the carrier’s depots, and the note will provide information about how you can take delivery of your order.

The risk of damage or loss of products remains our responsibility until the earlier of the date the product is delivered to you or the date the first delivery attempt was made.

RETURNS

If you wish to return a product purchased through the Website, you must inform us in writing by e¬mail at: clay@cpapmyway.com or complete the Product Returns form under the Returns link to request an RMA number. We will then arrange for a return of the product to us at no charge, provided that the product is in its original packaging and in the same condition in which you received it or the product otherwise qualifies as a returnable product under our Reason for Return criteria. To receive a no charge return, you have an obligation to take reasonable care of the product while it is in your possession. If you fail to comply with this obligation, we may deny the no charge return and charge you for the product.

On rare occasions, it is possible that product specifications change. If this is the case, we will contact you as soon as we can to offer you an alternative product that is similar to the product you ordered. If you are unhappy or not satisfied with the alternative product, please contact our customer service by e¬mail at: clay@cpapmyway.com. We will arrange a no charge return of the product and refund your payment in accordance with our refund policy in the Refunds section below.

If you believe that you have received defective, damaged or incorrect products, you must inform us in writing by e¬mail at: clay@cpapmyway.com within a reasonable period of time. You agree not to return any product to us without communicating with us and requesting a return. We will respond and contact you to discuss an appropriate remedy and may offer you (without limitation) a repair or replacement parts, a replacement product or a full refund. If we offer you a refund, we will refund the price of a defective, damaged or incorrect product in full, any applicable delivery charges and we will arrange for no charge return of the product to us.

We strongly suggest you check the contents of the package directly after receipt. If the item is damaged or incomplete, then please let us know by contacting our customer service team at: clay@cpapmyway.com. 

REFUNDS

If you cancel an order in accordance with these Terms, then we will refund any money paid by you after the ordered product has been returned to us in its original packaging and in the same condition in which you received it. To receive a refund, you have an obligation to take reasonable care of the product while it is in your possession. If you fail to comply with this obligation, we may deny the refund. The refund will be made using the same payment method you used when paying for the product.

LIMITED WARRANTY

We warrant to you that any product purchased from us through this Website will conform in all material respects with the specifications set out in the Contract for thirty (30) days from the date of your receipt.

This limited warranty covers damage which may occur during shipping to you, as well as damage resulting from the normal use of a product during the limited warranty period, but specifically does not cover damage resulting from misuse of the product or shipping not from us directly to you. Pursuant to this limited warranty, we will, at our sole discretion and depending on the damage sustained to the product, repair the product or offer you a replacement part, a new product or a refund. If your purchased product is damaged, please do not hesitate to contact our customer service by e¬mail at: clay@cpapmyway.com.

This limited warranty exists in addition to laws and regulations that may be applicable to you as a customer. Your rights under this limited warranty will automatically and immediately be voided if any party other than the manufacturer or any manufacturer authorized repair service repairs or otherwise modifies the product.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT THE DISCLAIMER OF WARRANTY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, OR A PRODUCT PURCHASED THROUGH THIS WEBSITE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED US TO ENTER INTO THESE TERMS AND ANY CONTRACT WITH YOU.

THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA AND FILES THROUGH THE INTERNET ARE SUBJECT TO A VARIETY OF CONDITIONS BEYOND OUR CONTROL THAT MAKE SUCH TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL POTENTIALLY UNRELIABLE. THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ALL CONTENT, LICENSES, FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED "AS IS" AND AS AVAILABLE WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THESE TERMS AND THIS WEBSITE, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THIS WEBSITE OR ANY DATA, MATERIALS OR CONTENT CONTAINED WITHIN THIS WEBSITE, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THIS WEBSITE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THIS WEBSITE WILL BE SECURE FROM UNAUTHORIZED ACCESS; OR THAT THIS WEBSITE WILL DETECT EVERY SECURITY OR OTHER VULNERABILITY OF YOUR DEVICE, NETWORK OR SYSTEM. WE DO NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THIS WEBSITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THIS WEBSITE OR THE RESULTS OF THE USE OF THIS WEBSITE.

EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS OR IN A CONTRACT, TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ANY PRODUCT PURCHASED THROUGH THIS WEBSITE, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS OR SERVICES USED WITH PRODUCTS PURCHASED THROUGH THIS WEBSITE OR THE USE OF ANY THIRD PARTY PRODUCTS OR SERVICES WITH PRODUCTS PURCHASED THROUGH THIS WEBSITE. WE SHALL NOT BE LIABLE FOR YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OF THIS WEBSITE AND ANY ERRORS CONTAINED WITHIN THIS WEBSITE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

WE DO NOT PROVIDE ANY MEDICAL, TREATMENT, OR DIAGNOSTIC ADVICE. YOU SHOULD DISCUSS ANY HEALTH CONCERNS WITH A HEALTHCARE PROVIDER AND ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

THE DISCLAIMER OF WARRANTIES SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY SET FORTH IN THESE TERMS.

Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

LIMITATION OF LIABILITY

YOU AGREE THAT THE LIMITATION OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, OR A PRODUCT PURCHASED THROUGH THIS WEBSITE, AND ARE FUNDAMENTAL ELEMENTS OF AND MATERIALLY INDUCED US TO ENTER INTO THESE TERMS AND ANY CONTRACT WITH YOU.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT ARISE, DIRECTLY OR INDIRECTLY, OUT OF OR ARE RELATED TO THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY SUBMISSION OF INFORMATION THROUGH THIS WEBSITE, OR A PRODUCT PURCHASED THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE RESPONSIBLE FOR ANY BUSINESS INTERRUPTIONS THAT MAY BE CAUSED BY YOUR USE OF THIS WEBSITE, YOUR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY SUBMISSION OF INFORMATION THROUGH THIS WEBSITE. OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS THAT ARISE, DIRECTLY OR INDIRECTLY, OUT OF OR ARE RELATED TO THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY SUBMISSION OF INFORMATION THROUGH THIS WEBSITE, OR A PRODUCT PURCHASED THROUGH THIS WEBSITE, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE PURCHASE PRICE ACTUALLY RECEIVED BY US FOR THE AFFECTED PRODUCT OR $100.00 USD. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, INCLUDING YOUR COMPLIANCE WITH THE PROCEDURES SET FORTH IN THESE TERMS, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR YOUR COST OF PROCUREMENT OF A REPLACEMENT PRODUCT.

THE LIMITATION OF LIABILITY SET FORTH IN THESE TERMS FORMS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE YOU AND US AND SHALL CONTINUE TO APPLY EVEN IF ANY EXCLUSIVE REMEDY HEREUNDER FAILS OF ITS ESSENTIAL PURPOSE.

Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THESE TERMS, A CONTRACT, YOUR USE OR INABILITY TO USE THIS WEBSITE, ANY SUBMISSION OF INFORMATION THROUGH THIS WEBSITE, OR A PRODUCT PURCHASED THROUGH THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

CODE OF CONDUCT

You agree that you shall not, and you shall not attempt, or otherwise authorize, encourage or support a third party’s attempts, to do any of the following:

• Use this Website for any unlawful purposes.
  
• Breach or otherwise circumvent any security or authentication measures of this Website.
  
• Probe, scan or test the vulnerability of this Website or any network associated with this Website.
  
• Re-engineer, decompile, decrypt, break or otherwise alter or interfere with this Website.
  
• Create derivative works of or reproduce, modify, distribute, sell or otherwise transfer any rights in or to any of the content of this Website.
  
• Register to use, use or copy any information from this Website if you are a competitor of CPAPmyway.
  
• Register to use, use or copy any information from this Website for purposes of monitoring availability, performance or functionality or for any other benchmarking or competitive purposes.
  
• Meta tag, frame or mirror this Website.
  
• Restrict, inhibit or prevent any access to, use or enjoyment of this Website.
  
• Use any search engine, software, tool, agent or other device or mechanism, including, without limitation, browsers, spiders, robots, scrapers, avatars or intelligent agents, deep link or other similar automated device, program, algorithm or methodology (other than those made available by CPAPmyway on this Website or other generally available third party web browsers, e.g., Internet Explorer, Chrome, Firefox or Safari), to access, acquire, copy, monitor, navigate or search this Website.
  
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of this Website.
  
• Deliver malware to this Website or use this Website to distribute malware.
  
• Launch a DoS or DDoS attack on this Website or use this Website as part of a DDoS attack.
  
• Deliver altered, deceptive or false source-identifying information, including spoofing or phishing, through this Website.
  
• Impersonate or misrepresent your affiliation with any other person or entity.
  

You also agree that you shall not transmit, submit or post any of the following to or through this Website or otherwise submit to CPAPmyway:

• Information that violates any law, statute, ordinance or regulation.
  
• Information that is false, inaccurate, incomplete, untimely or misleading.
  
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar or otherwise injurious to CPAPmyway or third parties.
  
• Information that breaches or infringes on CPAPmyway’s or any third party’s rights of confidentiality, publicity, privacy, intellectual property and/or other proprietary rights.
  
• Copyrighted and/or trademarked information without the prior written permission of the owner of such intellectual property right.
  
• Data that contains any viruses or other disabling or enabling code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  
• Information containing unsolicited or unauthorized advertising or any other form of SPAM.
  

Medicare, Medicaid, and Private Insurance Disclaimers

The Website sells CPAP equipment to customers exclusively for cash. CPAPmyway does not work with private or government based insurers or social benefit programs. We do not accept an assignment of any insurance benefits and do not bill insurance companies directly, nor do we accept insurance reimbursement of any kind. We do not make any representation as to whether or not your private insurance company will cover the services or products we provide. You are financially responsible for all products and services purchased on this website.

In addition, CPAPmyway is not a licensed medical provider of any kind. CPAP Medicare or Medicaid provider, nor do we have a Medicare or Medicaid number. Medicare and Medicaid will not reimburse you for purchases you make on the Website. You will be personally and fully responsible for payment.

No Medical Advice; No Guarantees

You recognize and agree that the content made available through the Website 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 CPAPmyway. CPAPmyway is not a healthcare provider. The content on the Website is designed to support, not replace or intervene in, the relationship that exists between you and your healthcare provider. Users should never use any Website 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 the Website.

Engagement with Independent Physicians

While CPAPmyway is not licensed, and does not engage in the practice of medicine. CPAPmyway may arrange introduction to independent, licensed physicians with whom users may establish an independent physician-patient relationship. CPAPmyway is not party to these relationships. Through its Website, CPAPmyway may connect its users with licensed physicians for scheduling telehealth visits as a convenience to users offered alongside specifically advertised products. CPAPmyway has no control over the operational elements of each licensed physician such as licensing and compliance matters. CPAPmyway in no way influences medical directives made by any independent licensed physicians. Should you chose to engage with an independent licensed physician via CPAPmyway, this in no way obligates you to further engage with CPAPmyway or limits your personal healthcare choices. Your reliance on the services of any independent licensed physician is solely at your own risk and you assume full responsibility for all risk associated herewith. CPAPmyway does not make any warranties about the training or skill of any independent healthcare provider.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and CPAPmyway, you and any physician, or CPAPmyway and any physician by this Agreement.

PROPRIETARY RIGHTS

• Website Materials.
  CPAPmyway owns all right, title and interest in and to this Website including, without limitation, the look and feel, design and organization, and the compilation of the content, code, data and other materials on this Website (collectively, "Website Materials").
• Names, Markings and Other Intellectual Property Rights.
  CPAPmyway owns all right, title and interest in and to the name CPAPmyway and all copyrights, service mark rights, trademark rights, trade dress rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights relating to this Website or otherwise owned and/or operated by CPAPmyway, as well as all of CPAPmyway’s URLs, website domain names, graphics, logos, page headers, button icons, scripts and other markings (collectively, "Names, Markings and Other Intellectual Property Rights").
• Website Content.
  CPAPmyway owns all right, title and interest in and to all content on this Website, including, without limitation, all audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files (collectively, "Website Content").
• Customer Information.
  As between a you and CPAPmyway, you exclusively own all right, title and interest in and to all of the unique customer information you provide to CPAPmyway through this Website, such as your IP address and information related to your use of the Website ("Customer Information"). For information on how we collect, store, use and disclose your Customer Information, please read our Privacy Policy.
• Personal Information.
  As between you and CPAPmyway, you exclusively own all right, title and interest in and to all of your personally identifiable information you provide to CPAPmyway through this Website, including, without limitation, name, username, password, other login information and payment information ("Personal Information"). For information on how we collect, store, use and disclose your Personal Information, please read our Privacy Policy.
• Aggregated Information.
  CPAPmyway exclusively owns all right, title and interest in and to all aggregated, anonymous data and statistical information about the use of this Website and users of this Website ("Aggregated Information"). We have no obligation to retain, provide you with copies of or protect the confidentiality of any Aggregated Information. For information on how we collect, store, use and disclose Aggregated Information, please read our Privacy Policy.
• User Generated Content.
  CPAPmyway exclusively owns all right, title and interest in and to all feedback, suggestions, enhancement requests and recommendations, as well as all content you generate or provide, that is posted on or submitted to this Website or otherwise provided to CPAPmyway and relating to this Website ("User Generated Content"). We have no obligation to retain, provide you with copies of or protect the confidentiality or privacy of any User Generated Content. For information on how we collect, store, use and disclose User Generated Content, please read our Privacy Policy.
• Limited License and Prohibited Use.
  You may not use any of the Website Materials, Names, Markings and Other Intellectual Property Rights, or Website Content without our express, prior written permission. You shall not delete or in any other manner alter the copyright, trademark and other proprietary notices appearing on this Website. We make no proprietary claim to any third party names, copyrights, service marks, trademarks or trade dress appearing on this Website. Any third party names, copyrights, service marks, trademarks or trade dress appearing on this Website are property of their respective owners. Without our express, prior written consent, you may only print, download or otherwise use the Website Materials, Names, Markings and Other Intellectual Property Rights, and Website Content for a Customer’s internal, non-commercial use consistent with these Terms and applicable law. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use is permitted. Your use of this Website does not grant to you ownership of any content, code, data or other materials you may access on or through this Website. CPAPmyway expressly reserves all rights not expressly granted to you in these Terms.

RIGHTS YOU GRANT TO CPAPmyway

Subject to these Terms and our Privacy Policy, you hereby grant CPAPmyway a limited, non-exclusive, royalty-free, fully paid-up, worldwide right and perpetual license to use your Customer Information and Personal Information. You also hereby assign to CPAPmyway all of your right, title and interest in and to all of your User Generated Content, including, without limitation, all intellectual property rights relating to your User Generated Content. At CPAPmyway’s request and expense, you will execute all reasonable documents and take such further acts as CPAPmyway may reasonably request to assist CPAPmyway to acquire, perfect and maintain such intellectual property rights in the User Generated Content.

YOUR INFORMATION REPRESENTATIONS AND WARRANTIES

By submitting information to CPAPmyway through this Website, you represent and warrant to CPAPmyway that you are entitled to submit such information to CPAPmyway and CPAPmyway is entitled to use such information as set forth in these Terms and subject to our Privacy Policy, without any restrictions or limitations and without any monetary or other obligation by CPAPmyway. From time to time, we may need your permission to do things with the information you submit to CPAPmyway through this Website to be able to provide you with this Website. You hereby provide CPAPmyway with your express permission to do those things as set forth in our Privacy Policy. This permission also extends to third parties we work with to provide you with this Website.

BLOGS, FORUMS, CHAT ROOMS AND BULLETIN BOARDS

In the event that this Website includes blogs, forums, chat rooms and/or bulletin boards (each, a "Forum"), which allows users to post User Generated Content and interact. CPAPmyway does not prepare, approve or endorse any User Generated Content that may appear in a Forum. You acknowledge and agree that CPAPmyway has no control over and is not responsible for the accuracy, correctness, timeliness, safety or legality of any User Generated Content. You may find User Generated Content to be deceptive, inaccurate, harmful or offensive. Please use caution and common sense when reading User Generated Content posted in our Forums, and do not rely solely on such information. You hereby acknowledge and agree that your use and/or reliance on any User Generated Content is at your own risk. CPAPmyway reserves the right, but not the obligation, from time to time and at our sole discretion for any reason or no reason, to monitor, edit, remove and/or re-post User Generated Content posted in our Forums.

LINKS TO THIRD PARTY WEBSITES

This Website may contain links to third party websites. These links do not constitute an endorsement by CPAPmyway of those websites, nor the products or services promoted on or offered through those websites. We are not responsible for the terms and conditions of use, privacy policy, practices or the content of such third parties or their websites. We encourage you to be aware of when they leave this Website and to read the terms and conditions of use and privacy policy of each website that they visit by linking from this Website. If you have a question about the terms and conditions of use, privacy policy, practices or content of a third party website, please contact the applicable third party directly. If you want to opt-out of receiving emails and other future contact from such a third party you must contact the applicable third party directly. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content relating to any products or services offered by third parties.

LINKING TO THIS WEBSITE

You may link to this Website’s homepage, provided you do so in a way that is fair, legal, consistent with these Terms and does not damage our reputation or take advantage of this Website, but you may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link from any website that is not owned by you. This Website may not be framed on any other website, nor may you create a link to any part of this Website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately. We reserve the right to withdraw linking permission without notice.

INDEMNIFICATION

You hereby agree to defend, indemnify, and hold harmless CPAPmyway and its officers, directors, shareholders, employees, affiliates, independent contractors, agents and representatives from and against any and all claims and expenses, including, but not limited to, attorneys’ fees and costs, arising, directly or indirectly, out of or attributable to (i) any breach or violation by you of these Terms; (ii) your failure to provide accurate, complete and/or current information when using this Website or otherwise submitting information to CPAPmyway through this Website; (iii) your use or misuse of this Website; and (iv) any agreement between you and any third party.

DISPUTE RESOLUTION

TERM AND SURVIVAL

Your agreement to be bound by these Terms commences with your using this Website or otherwise submitting information to CPAPmyway through this Website, and your agreement to be so bound will continue until your right to use this Website is either canceled or terminated, subject to the survival of each of the following after such cancellation or termination: our Privacy Policy and any obligation you have to CPAPmyway, as well as each of the following provisions: Usernames and Passwords; Cancellation; Proprietary Rights; Rights You Grant To CPAPmyway; Your Information Representations and Warranties; Blogs, Forums, Chat Rooms and Bulletin Board; Copyright Infringement Notice; Links to Third Party Websites; Linking to this Website; Disclaimer of Warranties; Limitation of Liability; Limitation On Time To File Claims; Indemnification; Dispute Resolution; Term and Survival; Changes To Terms; and General Information. If, following the cancellation or termination of your right to use this Website, you use this Website or otherwise submit information through this Website, then you again, automatically and immediately, are bound by these Terms.

CHANGES TO OUR TERMS

At our sole discretion and at any time, we may amend these Terms. You should review these Terms for amendments each time you use this Website. For your convenience, we post on this Website the last date these Terms were updated. If our Terms are amended, the amended Terms will take effect immediately for all users of this Website. Your continued use of this Website following an amendment will evidence your acceptance of the amended Terms. No amendment, change or modification to these Terms will be effective unless such is in writing and signed by an authorized representative of CPAPmyway.

NOTICES, COMMUNICATIONS AND ELECTRONIC SIGNATURES

By using this Website or otherwise submitting information through this Website, you consent to receive communications from CPAPmyway electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded button, hyperlink or entry field with your mouse, a keystroke or other device, your agreement or consent will be legally binding and enforceable and legal equivalent of your handwritten signature.

GENERAL INFORMATION

Our Privacy Policy is hereby incorporated into and made a part of these Terms by reference. These Terms, as amended from time to time by CPAPmyway, represent the entire understanding and agreement between you and CPAPmyway regarding the subject matter of these Terms and supersede any and all other prior and contemporaneous agreements, understandings or representations regarding the same. No amendment, change or waiver of any portion of these Terms will be effective unless it is in writing and signed by an authorized representative of CPAPmyway. The failure of CPAPmyway to require performance of any obligation under these Terms will not affect our right to enforce any provision of these Terms at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach. If any court of competent jurisdiction deems unlawful, void or unenforceable any part of these Terms, the applicable document as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the applicable document that is unlawful, void or unenforceable will be stricken. Your rights and obligations under these Terms and your right to access and use this Website are not assignable, transferable or sub-licensable by you.

CUSTOMER SUPPORT

If you have questions, comments or concerns about these Terms, our Privacy Policy or this Website, please contact us at: 

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