TEMP - Terms of service

Last Modified: Jun 6, 2024

The following is a description of the terms on which US Expediters, LLC. (CPAP.com) offers you our services and allows you access and use of our website.

Prologue

Welcome to CPAP.com. By using the services on the CPAP.com websites (CPAP.com and other related websites, joint ventures and subsidiaries) (the "Sites"), you are agreeing to the following terms with CPAP.com and the general principles for the websites of our subsidiaries and affiliates.

Before you may use the CPAP.com 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 April 10th, 2008 for all existing users.

Use of CPAP.com

While using CPAP.com, you will not:

post content of an inappropriate nature on the Sites; violate any laws, third party rights, or any of our policies;
use CPAP.com, if you are below the age of 18, if you are unable to form legally binding contracts, or if you are temporarily or permanently suspended from CPAP.com;
manipulate the price of any product or item listed on CPAP.com;
manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to CPAP.com;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
engage in any action that may weaken or sabotage the User Review or User Ratings System such as exhibiting, importing or exporting Review data off of CPAP.com or by using it for some other purpose not related to CPAP.com;
transfer your CPAP.com account to another party without our consent;
distribute or post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid schemes;
use any form(s) of technology (at our sole discretion) that might cause harm to CPAP.com, or to the interests or property of CPAP.com users;
duplicate, change, or disseminate content from CPAP.com and our copyrights and trademarks; gather, compile, or in any way collect information about users, including email addresses, without first obtaining such user's express consent;
impersonate any person or entity, including without limitation a CPAP.com employee or agent, or otherwise misrepresent your affiliation with any person or entity;
register or use any email address that you do not own or for which you do not have the express permission of the owner to register with CPAP.com.

Abuse of CPAP.com

CPAP.com works together with its users to keep CPAP.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.com 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.com, 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.com 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.

Content License

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 such as a product review), you agree that such submission is non-confidential for all purposes and may be disclosed through this web site to unknown persons on a worldwide basis without control by CPAP.com. Any submission to this Web site will be deemed and remain the property of CPAP.com. You grant or warrant that the owner of such content has expressly granted CPAP.com 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.

Usage of Content

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 US Expediters, Inc.(CPAP.com), 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.com'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.com, 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.com. Any use of these 3rd party information, photos, or videos by a CPAP.com user will require that they get the appropriate consent from the responsible 3rd party prior to using those 3rd party images or information.

No Medical Advice; No Guarantees

You recognize and agree that the content made available through CPAP.com 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.com. Users should never use any CPAP.com 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.com.

Right To Refuse Service On All Orders

US Expediters, Inc. (CPAP.com) 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.

International Policy

CPAP.com will ship International orders to all countries except Cuba, Iran, Syria, North Korea, and Spain (due to customs laws in Spain).

The customer is responsible for determining, managing and paying any and all taxes and duties associated with an International transaction through CPAP.com. CPAP.com will not pay and cannot quote taxes and duties. We will accept International prescriptions if the customer and prescribing doctor are residents of the same country and the prescription provided meets the guidelines set down by the country of origin. When required, prescriptions do not have to be in English, however we reserve the right to request a translation if deemed necessary. CPAP.com reserves the right to refuse any International order it determines does not meet our requirements.

Warranties will be honored on all products purchased through CPAP.com however the customer is responsible for any and all International shipping charges related to returning an item for repair, replacement, or service and if necessary, any and all International shipping charges for sending it back to the customer.

Limitation of Liability

CPAP.com 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.com guarantee constant or secure access to our websites or services, and normal functioning of CPAP.com 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.com. 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.

Release

You agree to release CPAP.com, 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.com.

Access and Interference

Much of the information on the CPAP.com website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to CPAP.com. You agree that you will not use any robot, spider, scraper or any other automated means to access the CPAP.com website for any purpose without first obtaining our express written permission.

You also agree that you will not:

take any action, in our sole discretion, that imposes or might possibly impose an unreasonable or excessive load on the CPAP.com framework;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from CPAP.com without the prior expressed written permission of CPAP.com and the appropriate third party, as applicable;
interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of CPAP.com or any activities carried out on CPAP.com; or
circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to CPAP.com.

Privacy

We view protection of your privacy as an extremely important issue. We only use your information as described in the CPAP.com Privacy Policy . 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.com account. We use third parties to check and certify the protection of your privacy. Please do not use CPAP.com 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.com 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.com only with the involvement of a parent or guardian. CPAP.com 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.com 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.

Typographical Errors

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.com shall have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price. CPAP.com 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 canceled, CPAP.com shall issue a credit to your credit card account in the amount of the incorrect price.

Risk of Loss

You also agree that you will not:

take any action, in our sole discretion, that imposes or might possibly impose an unreasonable or excessive load on the CPAP.com framework;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from CPAP.com without the prior expressed written permission of CPAP.com and the appropriate third party, as applicable;
interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of CPAP.com or any activities carried out on CPAP.com; or
circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to CPAP.com.

Product Descriptions

CPAP.com attempts to be as accurate as possible. However, CPAP.com does not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. Please contact us at +1-800-356-5221 to let us know if you find an error or discrepancy anywhere on CPAP.com.

Insurance and Insurance Claims

CPAP.com does not accept assignment. We are not a provider for any insurance company or health care organization. CPAP.com does not file any insurance claims for any reason. Your commercial insurance carrier may not reimburse you for purchases you make on CPAP.com.

ABN Notice For Medicare Beneficiaries

CPAP.com (US Expediters, Inc.) 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.com is not a Medicare provider nor do we have a Medicare number. Medicare will not reimburse you for purchases you make on CPAP.com.

Indemnity

You agree to indemnify and hold CPAP.com, 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

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

Notices

Except as specifically stated elsewhere, legal notices shall be served on CPAP.com's national registered agent or to the email address you provide to CPAP.com 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.com account. In such case, notice shall be considered given 72 hours after the date of mailing.

Resolution of Disputes

If a dispute arises between you and CPAP.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CPAP.com 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 by contacting us at +1-800-356-5221. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against CPAP.com must be resolved by a court located in Fort Bend County, Texas, 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 Fort Bend County, Texas for the purpose of litigating all such claims or disputes. Residents of Florida can contact the Florida Department of Health at 4052 Bald Cypress Way, Bin C75, Tallahassee, Florida 32399-3260, 850-488-0796
Arbitration Option - 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.com 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.com may recover attorneys' fees and costs up to $1000, provided that CPAP.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Disclosing Your Information to Your Attending Physician

If you provide us with your personally identifiable information and request that we contact your physician to request that they sign a prescription, we will share your personally identifiable information with that physician.

Subscribe with CPAP.com Terms and Conditions

The following is a description of the terms on which US Expediters, Inc. (CPAP.com) offers you our subscription services and allows you access and use of our website. If you sign up for a CPAP.com subscription, you accept these Terms, conditions, limitations, and requirements.

Subscription Benefit

The CPAP.com subscription service benefits include:

Product discounts each time your subscription renews
Free ground shipping
You’re in control of your subscription frequency - edit and pause anytime

CPAP.com reserves the right to change the benefits of the subscription service or the eligibility for benefits at any time in its sole discretion. All benefits changes will apply to future orders including current subscriptions.

Subscription Eligibility

Subscription services are only available for customers residing in the United States and only available on the designated products with the “subscribe and save” option within the product catalog. You must also have an account with CPAP.com in order to participate. CPAP.com reserves the right to change the eligibility for the subscription service at any time. Your participation in the CPAP.com subscription service is for you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization.

Subscription Paused

Your CPAP.com subscription will continue until paused. You may manage or pause your Subscription with CPAP.com at any time by logging into your account and making the necessary changes. My Account Your subscription may be paused temporarily if there is not sufficient inventory to fulfill the subscription at the time of renewal or paused permanently if there is discontinuation of a product(s)/service(s) included in the subscription.

Subscription Fees

The Subscription Fee will remain fixed during the initial term of your subscription unless you subscribe to additional items. We may also choose to increase/ decrease your fees upon written notice to you.

Shipping Fees

The shipping fee associated with the subscription is determined by the shipping method selected at the initial purchase of the subscription. All subscriptions are eligible for free ground shipping, but a shipping charge will be assessed for other shipping methods. A customer can change the shipping method for their subscription by calling customer service at 1.800.356.5221.

Fee Adjustments at Renewal

Upon renewal, we may increase your fees up to our then-current list price set out in our Product and Services Catalog. If you do not agree to this increase, you can choose to pause your subscription before the start of your next renewal term.

Renewal

Your subscription will automatically create a new order according to your selected renewal schedule until you pause the subscription.

Your subscription may be placed on hold if all eligible payment methods we have on file for you are declined for payment of your subscription fee or if there is no stock available to fulfill your subscription. If you provide us with a new eligible payment method and are successfully charged, your new subscription period may change based on the date we receive the updated payment method. Similarly your renewal period may change if there is no stock availability to fulfill your subscription. Visit My Account to see renewal dates for your subscription. Your subscription will renew automatically until you cancel your subscription.

For the purposes of pricing your order, the price of the subscription is calculated as of the time the order is created, and will not be updated further after that time.

UNLESS YOU NOTIFY US BEFORE YOUR RENEWAL DATE THAT YOU WANT TO PAUSE OR CANCEL, YOU UNDERSTAND YOUR CPAP.COM SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Returns

All returns with CPAP subscriptions are subject to the CPAP.com Returns Policy.

Additional Terms

The following policies are incorporated into this Agreement and set forth additional terms and conditions that are related to specific services offered on the Site:

Refund Policy - Click to read this policy

Each of these policies may be changed at any time. Changes take effect at the time they are posted on CPAP.com. When you use various services on CPAP.com, you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on CPAP.com are hereby incorporated into this Agreement.

General If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect. The section titles and headings in this Agreement are for reference or convenience only and have no legal or contractual effect and in no way limit the scope or extent of such section. Failure of CPAP.com to take action in regards to a violation of this Agreement by you or others in no way waives our rights to take action with respect to subsequent or similar violations. In no way do we guarantee that we will take action against all violations of this Agreement. CPAP.com is located at 13235 N Promenade, Stafford, TX 77477.

We may make changes or amendments to this Agreement at any time by posting the amendments on CPAP.com. All changes to this Agreement shall automatically become effective.

Supplier Standards

CPAP.com complies with the following supplier standards:

We will fill all orders from our own inventory or inventory of other companies for which we have contracts to fill such orders.
We will utilize industry standard delivery services (eg FedEx, UPS or USPS) to effectively deliver products to your specified address. We will retain and provide tracking information for each shipment.
We will respond to any questions or complaints you may have about the products we offer. If we can’t properly address the question or complaint, we will refer you to the manufacturer.
We will not rent any products or services.

Customer Rights

As a customer of CPAP.com, you have the right to:

Be fully informed in advance about the product to be provided by CPAP.com. As such, CPAP.com will not provide you with the product unless and until you have ordered the product.
Be fully informed in advance of any changes in the product to be provided by CPAP.com. As such, CPAP.com will only provide you with the product you have requested.
Voice grievances without fear of discrimination or reprisal. As such, complaints or concerns may be directed to compliance@cpap.com
Confidentiality of personal information. Please, refer to our Privacy Policy for how CPAP.com ensures confidentiality of your personal information.
Privacy with treatment and care.
Have your property treated with respect. As such, CPAP.com will only have access to any CPAP equipment you have submitted for warranty or repair. We will treat this equipment with respect.
Be fully informed of our telephone numbers and how you may submit questions or complaints. As such, our contact number is 800-356-5221. We will address questions or concerns Monday through Friday from 8am-8pm CST and Saturday from 8am-5pm CST. You may also direct any complaints to compliance@cpap.com. CPAP.com will respond to your question or complaint in a timely manner.
Be free from mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including injuries of an unknown source.

Mobile Terms and Conditions

CPAP.com Alerts

Opt-in to receive information on product offerings, order information, and account support from CPAP.com. Opt-in by Web. Message frequency Varies. Message and data rates may apply.

By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive text messages is not required as a condition of purchasing any goods or services.

By signing up, you are confirming you are over the age of 13.

STOP Information

Text STOP to 75337 to stop receiving CPAP.com Alerts messages from CPAP.com (you will receive a confirmation text).

HELP Information

For additional information, text HELP to 75337 or contact cpap@cpap.com.

Supported carriers are:

AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele-Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

We take your privacy seriously. Please visit our privacy policy page.