User Agreement

The User Agreement, as explained below, describes the terms in which GoCPAP.com allows access to our website and offers you, our customer, services.

Introduction

Welcome to GoCPAP.com. By utilizing and accessing the services found on our websites (including GoCPAP.com and related subsidiaries, websites, and ventures), you will be agreeing to follow the terms set forth by GoCPAP.com and the principles for the sites of our affiliates and subsidiaries.

Prior to using GoCPAP.com or any of our services, it is important that you thoroughly read and accept the conditions and terms outlined in our User Agreement.  This agreement applies to all of our domains and our sub domains. Your use of GoCPAP.com including but not limited to browsing, purchasing, chat or the use of eductational information located on this site, constitutes agreement to these terms.  If you are not in agreement with these terms you should not utilize the site.

Using GoCPAP.com

When you are using GoCPAP.com, you will not:

• Post content that is inappropriate or content that violates any of our polices, third party rights, or laws
• Transfer your account on GoCPAP.com to another individual or party without the consent of GoCPAP.com
• Use our site if you are under the age of 18, if you have been suspended from GoCPAP.com, or if you are not able to participate in contracts that are legally binding
• Post content that is false, misleading, libelous, defamatory, or inaccurate, which includes personal information
• Change the price of any item or product listed on our site
• Change our fees, fees owed to our site, or billing activities
• Engage in actions that could potentially sabotage or weaken our User Ratings or Review System. This may include exporting, importing, or exhibiting data from reviews off of GoCPAP.com and using it for other, unauthorized purposes
• Post, distribute, email, or transmit any unauthorized promotional materials, marketing, advertising, chain letters, spam, pyramid schemes, or junk mail
• Use a form of technology that could harm GoCPAP.com or could cause harm to our site’s users
• Change or duplicate content from GoCPAP.com and our trademarks or copyrights
• Compile, collect, or gather information about the users of GoCPAP.com, including email addresses
• Impersonate another entity or person, including an employee or agent of GoCPAP.com, or misrepresent yourself
• Utilize an email address that does not belong to you if you do not have permission from the proper owner to complete registration with GoCPAP.com

Abusing GoCPAP.com

At GoCPAP.com, we work with our users to ensure the proper operation of our site, and we work to safeguard our users to the best of our ability. If any violations of our policies, inappropriate content, or issues are experienced or noticed, please report them to GoCPAP.com.

GoCPAP.com reserves the right to deactivate, suspend, cancel, or limit user and service accounts. We also reserve the right to restrict access, delete content, and use technological or legal means to keep certain users off of our site. These actions may be taken if we feel that these issues are creating possible legal liabilities or are acting in a manner that is not consistent with the policies outlined in this User Agreement. These actions can be taken without exploring other remedies. Inactive accounts may also be terminated by GoCPAP.com.  

Our site is able to refuse service as we see fit to anyone. At our own discretion, we can mark the account of a customer as “Do Not Provide.” If this occurs, we are required by law to continue to provide certain services, including warranty services, but we will not sell any future products to the customer.

Content License

If you choose to submit content or communications to this site where content could be viewed by the public (such as posting on a bulleting board, public forum, or public chat), you agree that this information is non-confidential and will be treated as such for all purposes. GoCPAP.com has the right to keep any submission as property. By submitting this content, are agreeing that the owner of such information has granted GoCPAP.com, free, non-exclusive, and irrevocable license to copy, reproduce, use, publish, modify, translate, edit, display, perform, and distribute this content in any media, form, forum, or format.

Content Usage

All information found on this website, unless it is otherwise indicated, is copyrighted by GoCPAP.com, and it may not be altered, stored, sublicensed, performed, distributed, displayed, transmitted, reproduced, or copied, without written consent from GoCPAP.com. This may include videos, audio clips, images, button icons, logos, graphics, and text. Users may create temporary copies in the hard drive and RAM of a single computer to browse the website. Users can also make one copy of displayed content on any page for personal or noncommercial use, as long as it does not damage the reputation of GoCPAP.com. However, the user must not remove any copyright, trademark, or any other related notice found in the content.

At GoCPAP.com, we may also choose to use third party information, videos, and photos for the purposes of marketing or providing information. Any use of this third party information by a user of GoCPAP.com will first require that the user obtain consent from the third party before using that entity’s information or images.

Right for Refusal of Service

At GoCPAP.com, we have the right to at any time refuse service. If this occurs, we will still continue to honor obligations regarding warranties or other services, as mandated by law.

No Guarantees or Medical Advice

By using the GoCPAP.com website, you agree and recognize that the content found on this site is only available for informational purposes and should not be taken as medical counseling or advice or as the development of a patient-physician relationship with GoCPAP.com. You should never use this site’s resource as a replacement of professional advice from your medical provider. We do not make promises, guarantees, or any predictions regarding the success of resources, products, or services found on GoCPAP.com.

Liability Limitation

GoCPAP.com does not accept responsibility for the actions and inactions of others, including things that may be posted by other users. We do not guarantee secure or constant access to our services or website, and it is possible that numerous factors can disrupt and interfere with the normal functioning of GoCPAP.com. In accordance with the law, we also exclude all implied conditions, terms, and warranties. We are not responsible for the loss of any goodwill, money, or reputation, nor are we responsible for any damages that may arise from your use of this website. Not all jurisdictions allow a disclaimer or damage exclusion, so such statements may not apply to you.

If in fact we are found to be liable to you, our liability is limited to $100 to you or to a potential third party.

Product Manufacturer Liability

Product Manufacturers are not responsible for the content of the website and the services provided by GoCPAP.com.  This includes, but is not limited to, the handling of the product ordering and delivery, service claims and returns, after sales support and education, patient setup and pateint followup.

International Policy

GoCPAP.com will ship orders within the continental USA.  We do not ship orders outside of the USA.

Releases

By viewing this website, you are agreeing to release GoCPAP.com, employees, joint ventures, subsidiaries, directors, agents, officers, and trustees from damages, demands, and claims of every nature and kind, unknown and known, imaginary or real, that is involved with a dispute regarding GoCPAP.com.

Interference and Access

Most information found on the GoCPAP.com website is updated immediately, and it this information is excusive to the owners for GoCPAP.com users. By viewing this website, you are agreeing that you will not utilize any scraper, spider, robot, or other means to access the GoCPAP.com website without obtaining our written permission prior. You are also agreeing to:

• Avoid action that could potential create an excessive and unreasonable load on the framework of GoCPAP.com
• Refrain from the modification, reproduction, and copying of work and content from GoCPAP.com without written permission from us or the appropriate third party
• Avoid interfering with, tampering, or obstructing correct or proper functioning of GoCPAP.com
• Refrain from circumventing security measures used to restrict access on GoCPAP.com

Your Account

If you create an account on the GoCPAP.com website, you are solely responsible for maintaining confidentiality in regards to your password. You must also restrict access to your computer and accept responsibility for any activity that occurs under your username and password. Although some products found on the GoCPAP.com website are intended for children, we only sell products to adults for credit card purchase. You must be 18 years of age or older to use this site unless your parent or guardian is involved with our transaction. We reserve the right to terminate accounts, refuse service, cancel orders, or remove content as we see fit.

Privacy

We take privacy protection very seriously at GoCPAP.com, and we will only use your information in ways described in the GoCPAP.com Privacy Policy. We will refrain from renting or selling your personal information for the marketing purposes of third parties. Your personal information is processed and stored on our U.S.-based servers that have been protected by technological and physical measures. Your GoCPAP.com information can be changed by logging into your account. We may use third parties to verify and check your privacy protection. If you have any objections to your information being transmitted in these ways, please refrain from using the GoCPAP.com website.  

Typographical Errors

If a service or product is listed incorrectly due to a typographical error or an error regarding pricing information, GoCPAP.com maintains the right to cancel orders or refuse orders for said service or product that is listed at the wrong price. In the event that your credit card has already been charged, GoCPAP.com will cancel the order and will issue a credit to your account in the amount of the charge.

Insurance Claims

GoCPAP.com does not file claims for insurance, and we do not accept assignment. We do not serve as a provider for any government or private health care organization or insurance company.

Risk of Loss

When items are purchased on GoCPAP.com, the shipping agreement marks the finality of the sale. Therefore, the risk of loss for items that have shipped passes to you once the item has been delivered to the shipping carrier.

No Relationship

No relationship of any kind is created or intended between you and GoCPAP.com with this User Agreement. This includes franchiser-franchisee, employee-employer, joint venture, partnership, or agency relationships.

Product Descriptions

GoCPAP.com makes every attempt to be accurate with our product descriptions. However, GoCPAP.com makes no guarantee that product descriptions and content found on this website are reliable, complete, accurate, error-free, or current. If you find a discrepancy or error, please contact us immediately.

Indemnity

By accessing this website, you are agreeing that GoCPAP.com, employees, joint ventures, subsidiaries, agents, directors, offers, and trustees will not be held responsible for any liability, loss, demand, or claim  made by a third party as a result of the use or our website, a breach of this Agreement, or a violation of any laws. GoCPAP.com will also not be held responsible for the payment of any attorney fees.

Notices

All legal notices will be served to your email addressed registered on GoCPAP.com or by a national registered agent of GoCPAP.com. Unless the party sending the notice finds that the email is invalid, notice is considered given 24 hours after said email has been sent. Also, legal notices may be sent via mail to the address listed in our GoCPAP.com account. For mailed notices, the notice will be considered given after 72 hours from the mailing date.

Dispute Resolution

In the event that a dispute occurs between GoCPAP.com and you, it is our goal to ensure that cost effect and neutral means of dispute resolution occur quickly. Therefore, both you and GoCPAP.com agree that disputes, claims, and controversies of law or equity will be resolved in accordance with a subsection below or as agreed otherwise in writing. However, we encourage you to first speak to us directly to attempt a resolution before pursuing these alternatives. We will make every attempt to consider alternative resolutions, including arbitration or mediation, instead of pursuing litigation.

• Forum and Law for Disputes: This Agreement will be governed by the laws in the State of North Carolina as they relate to agreements and activities performed and entered into within North Carolina between North Carolina residents, with no regard to conflict with law provisions. By accessing this website, you agree that any potential dispute or claim you have against GoCPAP.com must be taken to and resolved in a court located in Mecklenburg County, North Carolina, except if pursing arbitration and otherwise agreed by all parties. You also agree to follow personal jurisdiction within the courts located in Mecklenburg County, North Carolina for litigating all relevant disputes and claims.

• Option for Arbitration: In the event that any claim (excluding claims of equitable or injunctive relief) requests an award of less than $10,000, the requesting party has the option to choose to resolve this dispute in a manner that is cost effective through binding arbitration that is not based on appearance. If arbitration is elected, the party agrees to initiate this process through alternative dispute resolution (ADR) through an established provider that both parties agree upon. The following rules must be in compliance with the parties and the ADR provider:
  • The arbitration will be completed via telephone, written submissions, or online, and the specific method will be selected by the party that has initiated said arbitration.
  • Personal appearance by the parties or witnesses will not be required unless agreed upon by all parties.
  • Any award that is rendered by the ADR provider will be entered into a court in a competent jurisdiction.

• Claims that are Filed Improperly: All claims brought against GoCPAP.com need to be resolved through the processes indicated in the Dispute Resolution section of this User Agreement. Any claim that is not filed using these processes will be considered improperly filed. If you choose to file a claim that is not in accordance with the Dispute Resolution section of this Agreement, GoCPAP.com has the option to recover attorney costs and fees from you of up to $1000. This will happen in the event that GOCPAP.com notifies you about the improperly filed claim in writing and you fail to withdraw said claim promptly.

General

In the event that any provision found in this User Agreement is held as unenforceable or invalid, the remainder of the Agreement will continue in full effect and force. The sections provided in this User Agreement are for convenience and reference. They are not intended to be all-inclusive and have no contractual or legal effect. If GoCPAP.com fails to take action for violations of this agreement by you or other users does not waive any of our rights to take action if similar or subsequent violations are experienced. We do not guarantee that action will be taken regarding all violators of this Agreement.

We reserve the right to amend or change this User Agreement at any time, and we will post these changes on GoCPAP.com. All changes will become effective immediately.