CPAPtalk.com User Agreement
The following is a description of the terms on which U.S. Expediters, Inc. (CPAPtalk.com) offers you our services and allows you access and use of our website.
Welcome to CPAPtalk.com. By using the services on the CPAPtalk.com websites (CPAPtalk.com and other related websites, joint ventures and subsidiaries) (the "Sites"), you are agreeing to the following terms with CPAPtalk.com and the general principles for the websites of our subsidiaries and affiliates.
Before you may use the CPAPtalk.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 August 7th, 2008 for all existing users.
CPAPtalk.com is a Public Forum
Any message posted on CPAPtalk.com in a public area, such as the message board or forum, expresses only the views of the author of the message and does not necessarily reflect the views of CPAPtalk.com or any person or entity associated with CPAPtalk.com. CPAPtalk.com uses moderators and administrators to monitor the content and appearance of messages posted in public areas of CPAPtalk.com. However, considering the real-time nature of this message board, it is impossible for us to monitor or review every message. Therefore, you agree that neither U.S. Expediters, Inc. (CPAPtalk.com), nor any person or entity associated with them, will be held responsible for the contents, accuracy, completeness or validity of any information posted in a public area of CPAPTalk.com.
Use of CPAPtalk.com
While using CPAPtalk.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 CPAPtalk.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 CPAPtalk.com;
- post any material, or links to any material that is (at our sole discretion) knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law;
- transfer your CPAPtalk.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 CPAPtalk.com, or to the interests or property of CPAPtalk.com users;
- duplicate, change, or disseminate content from CPAPtalk.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 CPAPtalk.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 CPAPtalk.com.
Abuse of CPAPtalk.com
CPAPtalk.com works together with its users to keep CPAPtalk.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.
CPAPtalk.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 CPAPtalk.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.
User Submissions and Content License
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them to the CPAPtalk.com website. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize CPAPtalk.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Sites and this User Agreement.
For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to CPAPtalk.com, you hereby grant CPAPtalk.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the CPAPtalk.com website and CPAPtalk.com's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the CPAPtalk.com website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the CPAPtalk.com website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the website and under this User Agreement. The above licenses granted by you are perpetual and irrevocable.
In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CPAPtalk.com all of the license rights granted herein.
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 U.S. Expediters, Inc.(CPAPtalk.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 CPAPtalk.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 CPAPtalk.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 used by CPAPtalk.com users and that we sell on CPAP.com. Any use of these 3rd party information, photos, or videos by a CPAPtalk.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 CPAPtalk.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 CPAPtalk.com. Users should never use any CPAPtalk.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 CPAPtalk.com.
Limitation of Liability
CPAPtalk.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 CPAPtalk.com guarantee constant or secure access to our websites or services, and normal functioning of CPAPtalk.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 CPAPtalk.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.
You agree to release U.S. Expediters, Inc. (CPAPtalk.com), and its 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 your use of the CPAPtalk.com website.
Access and Interference
Much of the information on the CPAPtalk.com website is updated in actual time and is exclusive to the owners or is licensed by third parties for our users to CPAPtalk.com. You agree that you will not use any robot, spider, scraper or any other automated means to access the CPAPtalk.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 CPAPtalk.com framework;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from CPAPtalk.com without the prior expressed written permission of CPAPtalk.com and the appropriate third party, as applicable;
- interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of CPAPtalk.com or any activities carried out on CPAPtalk.com; or
- circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to CPAPtalk.com.
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. If you are under 18, you may use CPAPtalk.com only with involvement of a parent or guardian. CPAPtalk.com reserves the right to refuse service, terminate accounts, remove or edit content, in their sole discretion.
You agree to indemnify and hold U.S. Expediters, Inc. (CPAPtalk.com), and its 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, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and CPAPtalk.com by this Agreement.
Except as specifically stated elsewhere, legal notices shall be served on CPAPtalk.com's Texas registered agent or to the email address you provide to CPAPtalk.com during the registration process, respectively. 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 CPAPtalk.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 CPAPtalk.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CPAPtalk.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 going to the Ask a Question section. 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 CPAPtalk.com must be resolved by a court located in Harris 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 Harris County, Texas for the purpose of litigating all such claims or disputes.
- 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 CPAPtalk.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, CPAPtalk.com may recover attorneys' fees and costs up to $1000, provided that CPAPtalk.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
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:
- CPAPtalk Product Challenge - User Agreement
- CPAPtalk Product Challenge - How It Works
- CPAPtalk Product Trial System - Marketing Authorization
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.
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 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. CPAPtalk.com is located at 10101 Stafford Centre Drive Ste B Stafford, Texas 77477.
We 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 immediately after they are first posted unless stated otherwise elsewhere. We might also attempt to notify you through email, but we are 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 us. 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, Content License, Limitation of Liability, Indemnity, and Resolution of Disputes.