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MYSLEEPAPNEA.COM

Terms and conditions

MYSLEEPAPNEA.COM would like to welcome you to this Site. This site is provided as a service to our customers like you. Please review the following Terms and Conditions that govern your use of the MYSLEEPAPNEA.COM site. Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. MYSLEEPAPNEA.COM reserves the right to update or modify these Terms of Use at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site.

I. Use of this Site.

(Children under the Age of 18)

We cannot prohibit children under the age of 18 from visiting this site. We must rely on parents, guardians and those responsible for supervising children under the age of 18 to decide which materials are appropriate for such children to view and/or purchase. By accepting these Terms of Use through your use of this Site, you certify that you are 18 years of age or older. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms. EACH TIME YOU PURCHASE A PRODUCT FROM MYSLEEPAPNEA.COM YOU ARE REPRESENTING THAT YOU ARE OF THE AGE OF 18 YEARS OR OLDER AND ARE GIVING MYSLEEPAPNEA.COM THE EXPRESS PERMISSION TO COLLECT CERTAIN INFORMATION ABOUT YOU IN ACCORDANCE WITH TERMS OF MYSLEEPAPNEA.COM’S PRIVACY POLICY. By confirming your purchase as provided herein, you agree to accept and pay for the item(s) requested.

II. Site Security.

You are prohibited from downloading (other than caching) or modifying this site or any portion of it, without the express written consent of MYSLEEPAPNEA.COM. Violating or attempting to violate the security of this Site, shall include but not be limited to the following actions: (i) reproducing, duplicating or copying any portion of this site or otherwise exploiting this site for any commercial purpose whatsoever; (ii) accessing data not intended for you or accessing an account which you are not authorized to access; (iii)probing or attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing"; (v) making use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. Any violations relative to the above or otherwise may result in civil or criminal liability depending on the degree of the violation. MYSLEEPAPNEA.COM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

III. Disclaimer.

All of the products that are sold are brand new and come directly from the manufacturer with full warranties. We only open boxes on CPAP and BiPAP Machines to set your prescribed setting. All masks are in sealed packaging and are never opened before shipping. No used equipment is bought or sold through MySleepApnea.com.

We at MySleepApnea.com strictly adhere to all Federal and State laws pertaining to the sale of medical devices. No item that requires a physician’s prescription will be shipped until we are in receipt of a copy of a valid prescription. All physicians’ prescriptions are followed to their specifications. If while using your CPAP you sense any discomfort or concern about the pressure, please consult your physician. MySleepApnea.com does not offer any medical advice and is to be held harmless for any personal injury or death that may result from the use or misuse of a medically prescribed device.

This site is provided by MYSLEEPAPNEA.COM on a “AS IS" “AS AVAILABLE” basis. Neither MYSLEEPAPNEA.COM, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employee, agents, third party content providers designers, contractors, distributors, or the like (collectively “Associates”), warrant that the use of this site will be uninterrupted or error-free. Additionally, neither MYSLEEPAPNEA.COM nor its Associates warrant the accuracy, integrity or the completeness of the content provided on this site or the products or services offered by this site and the entire risk for satisfactory quality, performance, accuracy, and effort is with you. MYSLEEPAPNEA.COM makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, MYSLEEPAPNEA.COM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this Agreement. PRICES AND AVAILABILITY OF PRODUCTS OFFERED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. ERRORS MAY BE MADE AND WE THERFORE RESERVE THE RIGHT TO CORRECT ANY ERRORS WHEN DISCOVERED AND FURTHERMORE RESERVE THE RIGHT TO REVOKE ANY STATED OFFER, INCLUDING AFTER AN OFFER HAS BEEN SUBMITTED. TO ENSURE ACCURACY AND COMPLETENESS OF THE SERVICES AND PRODUCTS OFFERED ON THIS SITE, PLEASE REFER TO A MYSLEEPAPNEA.COM REPRESENTATIVE FOR DETAILS.

In reference to the 15 years of experience, Accreditations and/or Certifications mentioned on our home page, please be advised that Alert Respiratory Services, Inc. D/B/A Alert Medical, holds interests in CPAP Supplies Direct, Inc. who owns and operates www.mysleepapnea.com Please also note, that www.mysleepapnea.com is a cash business website therefore, as a no-charge courtesy service; The Insurance Verification Form is SOLELY being used for the purpose of finding out if you as a potential patient qualify for any insurance coverage. Should that be the case and you personally require a professional consultation within your geographical area, we will either transfer this information on the insurance verification form to either the Accredited & Certified HME-DME Company, Alert Respiratory, Inc. D/B/A Alert Medical, or any other 'ACCREDITED CERTIFIED HME-DME' company/distributor center/supplier throughout the country like ourselves - at no extra charge.

*All ResMed products are for sale in the US only. *All services are performed by mysleepapnea.com independent of ResMed

IV. Applicable Law and Jurisdiction.

By using this site you agree that any and all claims for enforcement, breach or violation of duties or rights under this Agreement will be governed pursuant to the Laws of the State of Florida, without reference to conflict of laws principles.

V. Hold Harmless.

You hereby assume all liability with regard to the maintenance, use and disposal of the products offered and purchased herein, agree and confirm that You will abide by all federal, state, and local laws and regulations regarding the use of any product purchased, and agree that You will release and hold harmless MYSLEEPAPNEA.COM and Alert Respiratory Services, Inc. D/B/A Alert Medical, CPAP Supplies Direct, Inc. who owns and operates www.mysleepapnea.coml from any liability therefrom.

VI. Copyrights/Trademarks.

All contents herein are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by MYSLEEPAPNEA.COM and are protected by U. S. copyright laws. The compilation of all contents on this site is the exclusive property of MYSLEEPAPNEA.COM and is also protected by U. S. copyright laws. MYSLEEPAPNEA.COM and its suppliers expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of the MYSLEEPAPNEA.COM or any third party's intellectual property rights. © ResMed 2010 Used with Permission. *All ResMed products are for sale in the US only and not to other third parties or businesses. *All services are performed by mysleepapnea.com independent of ResMed. “ResMed products cannot be sold to other 3rd parties or businesses”

VII. Order Acceptance.

Please note that there may be certain orders that we are unable to accept and must cancel. MYSLEEPAPNEA.COM reserves the right, in their sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. MYSLEEPAPNEA.COM will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If you order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

VIII. Return/Cancellation

Home Sleep Testing equipment returns and cancellations will be accepted for return within 5 business days of the initial order through this site. If a return is made, a 15% restocking fee will be subtracted from the original cost along with any opened supplies. A credit for the difference will then be issued. Shipping costs are not refundable and are not included in the “restocking fee”.

All Other Returns will be accepted for return within 30 business days of the initial order through this site. and subject to a prior authorization.

Due to FDA regulations, once any product is taken out of its original packaging, it is no longer refundable. If the product is defective, and you have the original packaging, contact us within the warranty period to obtain a return authorization number. We will then exchange the product. No substitutes allowed.

Non-defective, unopened returns will not be accepted without prior authorization. Please contact us within 30 days of the purchase date to receive a return authorization number. Any item returned without prior authorization or after 30 days will not be credited and will be returned at the owner’s expense.

All authorized returns are subject to a 15% restocking fee. Shipping charges are non refundable.

In the event the prescription is not received timely the order maybe cancelled and your credit card account credited minus a 10% administrative processing fee.

IX. Termination; Access Restriction.

MYSLEEPAPNEA.COM may terminate your access or suspend your access to all or part of this site at any time, with or without cause, with or without notice for any conduct that MYSLEEPAPNEA.COM, in its sole discretion believes is in violation of any applicable law or is harmful to the interest of other users or Associates. Upon such termination or suspension, your right to use this Site will immediately cease. Upon such termination or suspension, information you have stored on the Site may not be retrieved later.

X. Penalties.

Should a prescription be provided for the order of a sleep study to be performed by MYSLEEPAPNEA.COM, the necessary equipment will be shipped to your residence for the sleep study as provided in the directions contained herein, you are required to perform the sleep study in your home upon receipt of the necessary in-home sleep study kit and/or equipment from MYSLEEPAPNEA.COM. Once the sleep study is complete you shall return the equipment to MYSLEEPAPNEA.COM within three business days. If the equipment is not received by MYSLEEPAPNEA.COM within the given time frame, you authorize MYSLEEPAPNEA.COM to charge your account (your credit card) with a penalty of $25.00 per day for each day the in-home sleep study kit is not returned. If not received back within 10 business days the full purchase price will be charged to (your credit card). You will not be penalized in an amount in excess of the cost of the equipment being retained.

By using this site you agree that by retaining the equipment for the sleep study program, you are damaging MYSLEEPAPNEA.COM and agree that the above referenced penalty is reasonable. Additionally, you will be responsible for the cost of any equipment that is returned in a damaged condition. All equipment shall be returned in substantially the same condition as received.

XI. Limitation.

MYSLEEPAPNEA.COM reserves the right, in its sole discretion, to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same MYSLEEPAPNEA.COM account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.

XII. Prescription Policy.

A PRESCRIPTION WILL BE REQUIRED BY MYSLEEPAPNEA.COM PRIOR TO PROCESSING ANY ORDER THAT REQUIRES A PHYSICIAN'S PRESCRIPTION SUCH AS; CPAP, AUTO PAP MACHINE AND HOME SLEEP STUDIES.. The prescription must include a doctor's signature and for CPAP/BiPAP machines, the pressure at which the machine should be set. A copy of the prescription must be faxed to: 1-800-278-0706 prior to shipping. Your prescription must be received within 5 business days. In the event the prescription is not received timely the order maybe cancelled and your credit card account credited minus a 10% administrative processing fee.

XIII. Warranty

MYSLEEPAPNEA.COM will process all manufacturer warranties. The manufacturer warranty covers all parts and labor for 2 years on all machines and 90 days on all masks for any manufacturer defects. This does not cover any damage caused by the consumer such as, but not limited to, a dropped machine, water damage, and a stepped on mask or if the house pet ruined it. Customer is responsible for all shipping charges in a warranty or exchange situation.

XIV. Responsibility.

In conducting home sleep studies, MYSLEEPAPNEA.COM is not responsible for the content and answers of the sleep quiz that will be provided to you prior to obtaining a sleep study prescription. MYSLEEPAPNEA.COM, its employees, and/or any reading physicians compensated by MYSLEEPAPNEA.COM as an employee or independent contractor, disclaim any liability for problems or complications that result or occur due to false, incorrect, inaccurate, or incomplete information provided by you to MYSLEEPAPNEA.COM on said questionnaire.

XV. Links.

We are not responsible for the content of any sites that may be linked to or from MYSLEEPAPNEA.COM or any bulletin board associated with MYSLEEPAPNEA.COM. these links are provided for your convenience only and you access them at your own risk. In addition, a link to any other website does not imply that MYSLEEPAPNEA.COM endorses or accepts any responsibility for the content or use of such other website.

XVI. Disputes.

Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration. Except that, to the extent you have in any manner violated or threatened to violate intellectual property rights, MYSLEEPAPNEA.COM may seek injunctive or other appropriate relief in any state or federal court in the State Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under the Agreement shall be joined to an arbitration involving any other party subject to the Agreement, whether through class arbitration proceedings or otherwise. The prevailing party, pursuant to the acting arbitrator shall be entitled to reasonable attorney’s fees and costs associated with the arbitration.

XVII. Site Policies and Severability.

Please review our other policies posted on this site. These policies also govern your visit to MYSLEEPAPNEA.COM. we reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

XVIII. HIPAA Compliance.

MYSLEEPAPNEA.COM is required by law to protect the privacy of your health information, referred to as protected health information or "PHI". PHI includes information about your health conditions, including the past, present and future. MYSLEEPAPNEA.COM will not use or further disclose PHI other than as permitted or required by law. Except as otherwise provided in this document, MYSLEEPAPNEA.COM may make any and all uses of PHI necessary to perform its obligations under these applicable terms and conditions and in order to provide the services for which you have contracted and/or paid. All other uses not authorized are prohibited.

IXX. Modification.

MYSLEEPAPNEA.COM reserves the right to modify these Terms and Conditions at any time as deemed necessary by MYSLEEPAPNEA.COM in its sole discretion.

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