CPAPtalk Product Challenge User Agreement

Introduction

Thank you for your interest in CPAPtalk.com's Product Challenge. Before you may enroll for the Product Challenge, you must read and accept all of the terms and conditions in this Product Challenge User Agreement.

When you enroll in CPAPtalk.com's Product Challenge, you are agreeing to the following terms with CPAPtalk.com, as well as to CPAPtalk.com's General User Agreement appearing in the footer of each website.

This Product Challenge User Agreement is effective upon acceptance.

By being involved in CPAPtalk.com's Product Challenge, you agree to the Product Challenge policy. Violators of the policy run the risk of being excluded in the results of the Product Challenge.

Participation in CPAPtalk.com's Product Challenge While involved in Product Challenge, you will:
  • be able to certify that you are able to form legally binding contracts, are at least 18 years of age, and are not temporarily or indefinitely suspended from CPAPtalk.com sites and subsidiary sites;
  • use both products during the stipulated time of the trial;
  • thoroughly sample the product sent to you for evaluation. For the purpose of this agreement, the product under evaluation will be referred to as the "challenger" product. Sampling the challenger product entails usage for at least three nights, however a longer period is encouraged. During the trial adjust the equipment to fit your needs to the best of your ability, and otherwise fully evaluating the product;
  • check your email and provide the Product Challenge survey on the day that is stipulated in your invitation; or
  • write a review of each product that includes: details of your experience trying the products, your specific likes and dislikes of each product, elaboration on the category rankings chosen (e.g. Quietness, Comfort, etc.), and other factors that impacted your final vote. Remember, the purpose of a CPAPtalk.com's Product Challenge is to produce reviews that will help other users purchase the right product and guide manufacturers in improving products.

While involved in Product Challenge, you will Not:
  • violate any laws, third party rights, or CPAPtalk.com policies as stated within this contract and the general CPAPtalk.com User Agreement;
  • post any content publicly pertaining to the Product Challenge during the trial on CPAPtalk.com;
  • write a poor quality review:
    • write a review that gives no usable data to other CPAP users, e.g. Product A is good but I like Product B better;
    • write a review that is not understandable or coherent;
  • neglect to write a review;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • take any action that may undermine the purity and/or publication of CPAPtalk.com's Product Challenge data;
  • transfer your Product Challenge account and User ID to another party without consent of CPAPtalk.com;
  • distribute viruses or any other technologies that may harm CPAPtalk.com, or the interests or property of CPAPtalk.com users; or
  • copy, modify, or distribute content from the Sites and CPAPtalk.com's copyrights and trademarks.

If you are found to have violated any of the aforementioned policies in either your review or your actions, your contribution to the results of CPAPtalk.com's Product Challenge will be removed. CPAPtalk.com alone will determine if the policies were violated. If you are found to have violated the aforementioned policies, the following steps will be taken:

1. A review or action that violates the policy of CPAPtalk.com's Product Challenge must be well documented and tracked.
  • The administrator will keep all communication pertaining to the issue online and available to the company.
  • The policy violation will be explained entirely to CPAPtalk.com management.
  • The final vote of the person in question will not be reviewed until after the results are made public.
  • CPAPtalk.com management will either approve or deny the request for the violator's removal.

2. CPAPTalk.com's Product Challenge administrator will replace the vote and review of the offending participant. The procedure to replace an offending participant's vote and review differs for a participant who violates policy and a participant who writes a poor quality review, as defined above. In either case, having secured management approval, the following steps will be taken:
  • A participant who violates a policy and who is approved for removal by CPAPtalk.com management will be dealt with as though the reviewer did not participate. This reviewer may also be barred from future involvement in Product Challenge or CPAPtalk.com. Removal from CPAPtalk.com's Product Challenge includes:
    • The reviewer's name, survey and reviews will be removed from the public website and published Product Challenge scores.
    • The violating review will be replaced by the first reserve candidate to submit their survey and review.
    • If the reviewer is banned from CPAPtalk.com, they will be notified.
    • Notification will not be offered if a person is banned from Product Challenge.
  • A participant who writes a poor quality review, as defined above, and who is approved for removal by CPAPtalk.com management will be exchanged for a better review if the following criteria are met in the replacement review:
    • possesses the same overall vote as the removed review.

3. CPAPTalk.com's Product Challenge administrator will confirm each action taken with CPAPtalk.com management in writing.
Employee Participation

Employees of CPAP.com, CPAPtalk.com or any other subsidiaries of U.S. Expediters, Inc. are excluded from being able to enroll or participate in CPAPtalk.com's Product Challenge. Furthermore, no employees, relatives of employees, or friends of said employees of any manufacturer or dealer of Respiratory or Sleep Therapy equipment is permitted to enroll or participate in CPAPtalk.com's Product Challenge.

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), you agree that such submission is non-confidential for all purposes. Any submission to this website will be deemed and remain the property of CPAPtalk.com. You grant or warrant that the owner of such content has expressly granted CPAPtalk.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.

Privacy CPAPtalk views the protection of your privacy as an extremely important issue. We do not sell or rent your personal information to third parties, including either manufacturer of the products under review, for their marketing purposes. Your information is stored and processed on dedicated servers located in the United States that are protected by physical and technological security measures. We use third parties to check and certify the protection of your privacy. Please do not enroll in CPAPtalk.com's Product Challenge if you have any objections whatsoever to your information being transferred or used in the way described above.
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:

  • How It Works
  • The Enrollment Page for each specific Product Challenge may contain additional requirements.

Each of these policies may be changed at any time. Changes take effect at the time they are posted on CPAPtalk.com. When you use various services on CPAPtalk.com, you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on CPAPtalk.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 CPAPtalk.com to take action in regards to a violation of this Agreement by you or others in no way waives CPAPtalk.com's rights to take action with respect to subsequent or similar violations. In no way does CPAPtalk.com guarantee that it will take action against all violations of this Agreement. CPAPtalk.com is located at 9100 Southwest Freeway, Suite 135, Houston, Texas 77074.

CPAPtalk.com may make changes or amendments to this Agreement at any time by posting the amendments on CPAPtalk.com. All changes to this Agreement shall automatically become effective 30 days after they are first posted unless stated otherwise elsewhere. CPAPtalk.com might also attempt to notify you through email, but CPAPtalk.com is in no way required to do so. You acknowledge and agree that this Agreement may not be amended otherwise, with or without our consent, except in a writing signed by both you and CPAPtalk.com. This Agreement contains the entire understanding and agreement between you and CPAPtalk.com with regards to the subject matter described herein. Various sections in this Agreement survive any cancellation, rescission, or termination of this Agreement, specifically these sections: Release, Usage, Content License, Limitation of Liability, Indemnity, and Resolution of Disputes.