Welcome to USECPAP, LLC and www.usecpap.com (the “Website”) Terms and Conditions.

YOUR USE OF THE WEBSITE SERVICES (THE “SERVICES”), WHICH INCLUDE ACCESS TO ONLINE MEDICAL SERVICES AND PRODUCT SALES, IN ADDITION TO ANY USE OF USECPAP, LLC (THE “COMPANY”) BY PHONE OR EMAIL, IS CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IN THIS DOCUMENT.

BY ACCEPTING THIS AGREEMENT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

Modification to Terms and Conditions

Please print and keep a copy of these Terms and Conditions. USECPAP, LLC reserves the right to modify the Terms and Conditions periodically, for any reason, and without notice. The most current version of these Terms and Conditions can be accessed at any time by selecting the Terms and Conditions link at the bottom of the Website. Please review the Terms and Conditions often so you will be apprised of any changes made. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our Website. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the Services.

USECPAP, LLC has the right to limit, suspend, discontinue, or deny your access to and use of the Services at any time, and without notice, to anyone who violates these Terms and Conditions as USECPAP, LLC considers appropriate or necessary in its sole discretion, including but not limited to: (1) security reasons, (2) alleged or suspected breach of these Terms and Conditions, or (3) the protection of intellectual property.

Termination and Survival 

USECPAP, LLC may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of these Terms and Conditions, or the intellectual property protections applicable to these Services (Defined Below). USECPAP, LLC may also seek legal prosecution of any violations of law or these Terms and Conditions and you agree to personal jurisdiction by the Courts in the State of Florida. Upon notice of termination of Services by USECPAP, LLC to you via e-mail address, or voluntary termination of service by Customer, USECPAP, LLC has the right to delete all data, files, or other information that are stored in the Customer’s account for any reason. The Indemnification, Copyright, Jurisdiction, Warranty, Network Security, Compliance with Anti-Spamming Laws and Privacy terms and conditions stated herein shall survive termination of this Agreement. 

Governing Law, Jurisdiction, and Venue

These Terms and Conditions and the Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law, rules, or principles. Any civil action or legal proceeding arising out of or relating to these Terms and Conditions or Privacy Policy shall be brought in the applicable Federal or State court located in Broward County, Florida. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding and waives any objection to the laying of venue of any such civil action or legal proceeding in such court. Any cause of action or claim you may have with respect to USECPAP, LLC must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to these Terms and Conditions waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the USECPAP, LLC Services or Website. 

Waiver 

Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms and Conditions, shall not be considered waiver thereof, which can only be made in writing. No single waiver shall be considered a continuing or permanent waiver.

Severability 

The provisions of this Terms and conditions are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

Force Majeure

Notwithstanding anything herein to the contrary, USECPAP, LLC shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.

No Third Party Rights

Unless expressly stated in these Terms and Conditions or in the Privacy Policy to the contrary, nothing herein or in the Privacy Policy is intended to confer any rights or remedies under these Terms and Conditions or the Privacy Policy on any other person other than you, USECPAP, LLC, and its Affiliates. Nothing in these Terms and Conditions and the Privacy Policy is intended to relieve or discharge the obligation or liability of any third person to any of you, USECPAP, LLC or its Affiliates, nor shall any provision give any third person any right of subrogation or action over or against you, USECPAP, LLC.

Assignment

You may not assign, transfer, or delegate these Terms and Conditions or the Privacy Policy or any part of them without USECPAP LLC’s prior written consent. These Terms and Conditions and Privacy Policy will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.  

USE OF WEBSITE

General Website Used conditions

While using USECPAP.com, you will not:

• Use USECPAP.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 USECPAP.com;

• Manipulate the price of any product or item listed on USECPAP.com;

• Manipulate or circumnavigate our fees, our billing activities and processes, or fees owed to UCECPAP.com;

• Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

• Impersonate any person or entity, including without limitation a USECPAP.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 USECPAP.com.

Intellectual Property 

With the exception of your Electronic Medical Records, USECPAP, LLC retains all right, title, and interest in and to USECPAP, LLC, the Services, and any Information, products, documentation, software or other materials on the Website, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Website licensed by USECPAP, LLC, and in that case, the license provider retains all right, title and interest therein. The information available through the Website and the Services is the property of USECPAP, LLC, or if licensed by USECPAP, LLC, the license provider. 

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the federal and state courts located in Florida. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of USECPAP, LLC. Nothing contained on the Website should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks or logos displayed on the Website without the written grant thereof by USECPAP, LLC or the third party owner of such trademarks, service marks and logos. The Website may contain other proprietary notices and copyright information, the terms of which you must agree to follow.

Information Resources (Opt-IN)

By subscribing to USECPAP, LLC’s services you are agreeing to opt-in to the receipt of newsletters and other information regarding sleep-related topics, links to other related websites and specific questions related to your USECPAP, LLC record. Additionally, USECPAP, LLC makes available self-care informational services that provide medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by USECPAP, LLC. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services or urgent care. The information contained in these communications and resources is compiled from a variety of sources and may or may not be considered authored by USECPAP, LLC. USECPAP, LLC makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate or effective for you.  If you do not wish to receive such communications, you may opt-out at any time by contacting customer service at USECPAP, LLC.

By utilizing USECPAP’s services, you also agree to opt-in to SMS text messages, which may be used for appointment reminders. These SMS text messages may carry additional fees to you, depending on your wireless carrier. You will have the option to opt-out if desired.

Limitations on Use

You will not use the Website or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of USECPAP, LLC to impersonate another person or misrepresent authorization to act on behalf of others or USECPAP, LLC. All messages transmitted via USECPAP, LLC should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use their account, username or password to access or use the Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of USECPAP, LLC, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Website or the Services. You will not use robots or scripts with the Website. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Website. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser’s cookie setting.

You further agree that any information you provide or use on the Website, and your use of the Website or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.

USECPAP, LLC maintains the right to delete any information provided by you that it deems in its sole discretion to be fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person. Postings that receive complaints from Website users will be removed until an appropriate investigation can take place. USECPAP, LLC does not necessarily approve or endorse any statement made by third parties and posted on the Website. Users that violate USECPAP, LLC’s limitations on use may be subject to penalties to include loss of ability to post on the Website and USECPAP, LLC’s social media pages. USECPAP, LLC is not responsible for the content that third parties post on its Website or social media channels.

USECPAP, LLC reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for your account on the USECPAP, LLC system. 

Operational Functionality 

USECPAP, LLC reserves complete and sole discretion with respect to the operation of the USECPAP, LLC Services. USECPAP, LLC may, among other things withdraw, suspend or discontinue any functionality or feature of the USECPAP, LLC Services. USECPAP, LLC is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. USECPAP, LLC is not responsible for maintaining information arising from use of the Website or in respect of the Services. USECPAP, LLC reserves the right to maintain, delete, or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.

Spam and Compliance with Anti-Spamming Laws 

USECPAP LLC maintains compliance with the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) by giving you the option to opt-out of email marketing at any time.

CONDITIONS OF SALE

Sales Tax

Sale tax will be applied to items that require doing so under Florida law provisions.

Warranties

Certain products that we sell may have warranties provided by their manufacturers. USECPAP, LLC is a reseller of products and therefore does not provide any warranties. USECPAP, LLC will accept returns on merchandise that was purchased from the Website, is under warranty, and has manufacturing defects. If the product that you purchased has defective materials and/or workmanship, please contact us and then, if required, a return authorization number will be issued to you by email. Please note that any associated shipping cost to return merchandise to USECPAP, LLC is not covered in any warranty situation. CPAP, AUTOPAP, BIPAP AND RESPIRATORY EQUIPMENT and related machine warranty decisions with regard to repair versus replacement are made solely at the discretion of the manufacturer. 

Product Recall

It is necessary that we obtain your full contact information including phone number, mailing address and email address in order that we may contact you in the unlikely event that we are notified of a product recall. Upon notification of a product recall, a representative of USECPAP, LLC will respond to the notification within the manufacturer’s designated timeframes. Personnel will examine all inventories for the recalled products and isolate the specified items until receiving further instructions to either discard them or return the products to the manufacturer. The coordination of manufacture product recalls are the responsibility of both: the manufacture and the customer. If a product is recall by the manufacturer it is the sole responsibility of the manufacture to replace the product, USECPAP, LLC will provide you with contact information for the manufacturer. USECPAP.com will not be able to offer an exchange or refund for a product under recall.

International Policy

Some products USECPAP.com sells have shipping restrictions related to Durable Medical Equipment regulations and/or licensing requirements. In addition, some product manufacturers restrict our sales outside of the United States.

All international orders are handled on a case by case basis. International orders with the exception of Canada must be placed directly with a USECPAP.com specialist by calling.

If USECPAP , LLC decided that an order can be ship International the customer is responsible for determining, managing and paying any and all taxes and duties associated with an International transaction through USECPAP, LLC. USECPAP, LLC 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. USECPAP, LLC reserves the right to refuse any International order it determines does not meet our requirements.

Warranties will be honored on all products purchased through USECPAP,LLC 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.

Prescription Policy for Legend Devices

Federal law requires that we have a valid prescription on file before we ship you a machine, mask, humidifier or a Medical required equipment. The prescription must be submitted to us by mail, fax or file direct upload into your USECPAP account. The prescription shall not be expired (a prescription is expired after a year has passed based on the original date). Prescription can be written by any of the following providers:

• Medical Doctor (M.D.)

• Doctor of Osteopathy (D.O.)

• Physician Assistant (with supervising M.D. or D.O.)

• Registered Nurse Practitioner (N.P.)

• Dentist (D.D.S. or D.M.D.) including oral surgeons and orthodontists

The required elements of prescriptions for various types of equipment are outline below. All medical prescriptions must include the patient’s name and date of birt, the prescribing physician’s full name, the physician’s contact information and the physician’s signature.

CPAP Machine Prescription:

• One of the following phrases: “CPAP” or “Continuous Positive Airway Pressure.”

• Specific pressure. For example: “9 CM/H2O,” or simply “9.”

APAP Machine Prescription

• One of the following phrases: “APAP,” “AutoPAP,” “AutoSet,” “Auto CPAP,” “Auto Adjusting CPAP,” “Self Adjusting CPAP,” “CPAP,” “Continuous Positive Airway Pressure,” or similar term.

• Optional: pressure range.  Example: “5-20 CM/H20,” or simply “5-20.” IF a pressure range is not provided on the prescription the device will be setup base on regular manufacture settings.

• EPR or CFLEX

BPAP Machine Prescription

• One of the following phrases: “BPAP,” “BiLevel,” “BiPAP,” or “VPAP.”

• Your inspiratory pressure (also called IPAP Pressure or Breathing In pressure).  Example: “IPAP 11 CM/H20,” or just “IPAP 11.”

• Your expiratory pressure (Also called EPAP Pressure or Breathing Out pressure). Example: “EPAP 13 CM/H20,” or simply “EPAP 13.”

BPAP Auto Machine Prescription

• One of the following phrases: “BPAP,” “BiLevel,” “VPAP,” “BPAP Auto.” 

• Inspiratory pressure (IPAP) and expiration pressure (EPAP) are NOT required for the BPAP Auto.

BPAP ST Machine Prescription

• Contains one of the following words or phrases: “BPAP ST,” “Synchrony ST,” “VPAP ST.” 

• Contains a backup rate or BPM setting.

• Contains your inspiratory pressure (also called IPAP Pressure or Breathing In pressure). For example: “IPAP 12 CM/H20,” or simply “IPAP 12.”

• Contains your expiratory pressure (also called EPAP Pressure or Breathing Out pressure). For example: “EPAP 18 CM/H2O,” or just “EPAP 18.

BPAP Auto SV Machine Prescription

• Contains one of the following words or phrases: “BPAP SV” or “BPAP Servo Ventilation.”

• May or may not contain a backup rate or Breath Per Minute (BPM) setting.

• Contains your IPAP Min and Max, or Minimum and Maximum Inspiratory Pressure (breathing in pressure), or the settings can be provided to us. Examples: “IPAP Min 6 cm/H20 – IPAP Max 15 cm/H20,” “IPAP Min 6 cmwp – Max 15 cmwp,” “IPAP Min 6 – IPAP Max 15.”

• Contains your EPAP or Expiratory (breathing out Pressure) or the setting can be provided to us. This may be called the EEP (End Expiratory Pressure). Examples: “EPAP 5 cm/H2O,” “EPAP 5 cmwp,” “EPAP 5.”

• Sample of wording for a complete prescription for a BPAP Auto SV to include Back Up Rate: “BPAP SV,” “IPAP Min 6 cmH2O,” “IPAP Max 15 cm H2O,” “EPAP 6 cmH2O,” “13 BMP.”

BPAP AVAP Machine Prescription

• Contains one of the following words or phrases: “BPAP ST,” “AVAP,” “BPAP AVAP,” “BiLevel AVAP,” or “Average Volume Assured Pressure Support.”

• Contains the Tidal Volume Estimated.

CPAP Mask Prescription

• Contains one of the following words or phrases: “CPAP Mask,” “CPAP Supplies

CPAP Humidifier Prescription

• Contains one of the following words or phrases: “CPAP Humidifier,” “Humidifier,” and manufacturer name and CPAP, AutoPAP or BiPAP Model.

CPAP Hose Prescription

• Contains one of the following words or phrases: “CPAP Hose,” “Hose,” “CPAP Supplies,” : “APAP Hose,” “Hose,” “AutoPAP Supplies”. : “VPAP Hose,” : “VPAP Supplies,” “Hose,” “BiPAP Hose,” “BiPAP Supplies,” Manufacture name and CPAP, AutoPAP or BiPAP Model