2 Breach of Contract
3 Governing Law
5 Limitation of Liability
7 Notice to CPAP Distributors & Manufacturers
8 Other Content Included in this Legal Notice
9 Damages for Breach of Contract
10 Resolution of Disputes
11 Legal Communication
12 Trademark and Copyright Notice
A contract is a legally enforceable agreement between two parties. Each party to a contract makes a promise to either perform a certain duty or pay a certain amount. If one party fails to act as promised, and the other party has fulfilled the duties under the contract, the other party is entitled to legal relief.
2 Breach of Contract:
A breach of contract is a failure to fulfill the duties under the contract terms. A contract can be breached in the following ways:
- One party does not perform as he or she promised.
- One party does something that makes it impossible for the other party to perform the duties under the contract.
- One party makes it clear that he or she does not intend to perform the contract duties.
3 Governing Law:
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Massachusetts as they apply to agreements entered into and to be performed entirely within Massachusetts without regard to conflict of law provisions.
(a) regardless of the laws that might otherwise govern under applicable principles of conflicts of laws thereof or
(b) applicable to agreements made and to be performed solely therein, without giving effect to principles of conflicts of law or
(c) without giving effect to any choice or conflict of Law provision or rule (whether of the State of Massachusetts of any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than the State of Massachusetts.
You agree that any claim or dispute you may have against CPAP Discount Store must be resolved by a court located in Worcester County, Massachusetts, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Worcester County, Massachusetts for the purpose of litigating all such claims or disputes. Any breach of contract will be subject to the terms of the Legal Notice and the Laws of Massachusetts. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
All content within this web site is provided as a service to the customers by CPAP Discount Store. All information is provided solely for informational purposes to allow the customers to make a well informed and more educated decision on the products purchasing. CPAP Discount Store web site does not provide all or complete information about all diseases, nor does it contain all medical information that may be of relevance to any particular disease or illnesses. Further more, CPAP Discount Store does not directly nor indirectly endorse any particular products, or make recommendations about treatments of diseases and health related conditions.
Information provided on the site are not meant to substitute any professional advice and are not intended for diagnosis or treatment to any health problems. They should not be substituted for seeking medical professional help and care. All specific medical related questions should be presented to you healthcare providers. We strongly encourage that you seek professional advice from your medical care providers about usage or any other questions you may have about any particular products sold on the site before or after purchasing.
CPAP Discount Store strives to bring the
customers the most accurate, up-to-date, and complete information concerning the products sold on this site. At CPAP Discount Store, our staff is strongly committed to provide and assist our customers to the best of our abilities. However, we cannot make any guarantees or warranties with respect to those that are out of our control. We cannot guarantee that the site is error-free or warrant that the site will be uninterrupted at all times. We have no control over information, contents and services provided by third parties sites that links to or from CPAP Discount Store with or without our permission. We, thus, cannot be held responsible and are not liable for all results obtained from the use of information provided on the CPAP Discount Store site and sites
associated with it. All use of the information provided on the site is at the customers' own risks.
5 Limitation of Liability:
The aggregated liability of CPAP Discount Store is limited to the purchase price of products purchased from the CPAP Discount Store site. The above policies apply to all contents, services, and merchandise available for purchase through CPAP Discount Store site.
CPAP Discount Store will not be held responsible by you for other users actions or inactions, including things posted by said users. In no event shall CPAP Discount Store guarantee constant or secure access to our website or services, and normal
functioning of CPAP Discount Store 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, term 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 CPAP Discount Store.
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.
CPAP Discount Store is happy to share product information with you. This information is related to our products only and should not be taken as a medical advice or diagnosis. For healthcare questions, treatments or diagnosis please consult your healthcare provider.
In consideration of your use of the site, you agree to provide, maintain, and update true, accurate, current and complete information about yourself on your Account and Checkout Information. If you provide any information incorrectly in an unlawful manner, or we have reasonable grounds to suspect such activities, we may suspend or terminate your account and refuse current and future use of the Site. You also agree to use the Site for lawful purposes only. Any activity considered as disorderly and unlawful conduct, in our sole discretion, is prohibited.
You agree to release CPAP Discount Store trustees, officers, agents, directors, subsidiaries, joint ventures and employees from claims, demands, and damages
(actural or consequential) of every kind and nature, known and unknown, real or imaginary, arising out of or in any way connected to a dispute with CPAP Discount Store.
7 Notice to CPAP Distributors & Manufacturers:
Any person with an affiliation with a manufacturer or distributor of CPAP equipment or supplies must identify themselves when contacting CPAP Discount Store by phone, verbally, email or by web site. The individual must identify their full legal name and affiliation with which manufacturer or CPAP distributor. Any breach of this policy would be subject to the terms within this agreement. A person contacting CPAP Discount Store by telephone may be asked their full name and if they have any affiliations with a manufacturer or distributor of CPAP equipment or supplies. Any individual who does not disclose their affiliation, will be in breach of contract.
8 Other Content Included in this Legal Notice:
This legal notice includes all content contained within the linked pages listed:
(a) Prescription Policy - Click to read
(b) ResMed Policy - Click to read
(c) Philips Respironics Policy - Click to read
(d) Fisher & Paykel Policy - Click to read
(e) Devilbiss Policy - Click to read
(f) User Agreement - Click to read
(g) Privacy Notice - Click to read
(g) Shipping & Returns - Click to read
9 Damages for Breach of Contract:
Punitive damages - Courts can force the breaching party to make a payment as a punishment for the breach of contract.
Liquidated damages - The parties agree, at the time they make the contract, that if one party, the buyer and or web site user, breaches the contract, the breaching party should pay a specified sum. This sum shall be no less than ninety thousand dollars paid to CPAP Discount Store unless agreed upon by both parties.
10 Resolution of Disputes: