Help - Frequently Asked Questions
User Agreement
The following is a description of the terms on which US Expediters, Inc. (CPAPAuction.com) offers you our services and allows you access and use of our website.
Prologue
Welcome to CPAPAuction.com. By using the services on the CPAPAuction website (CPAPAuction.com and other related websites, joint ventures and subsidiaries) (the "Sites"), you are agreeing to the following terms with CPAPAuction and the general principles for the websites of our subsidiaries and affiliates. Please visit the Help section on CPAPAuction.com if any questions arise.
A requirement for use of CPAPAuction, is that you must read and accept all of the terms and conditions in this User Agreement (including linked items) and the Privacy Policy before joining. We highly recommend that you also access and read the linked information in this User Agreement.
This Agreement is effective upon acceptance for new users and on December 4th, 2008 for all existing users.
Use of CPAPAuction
While using CPAPAuction, you will not:
CPAPAuction works together with it's users to keep CPAPAuction 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.
CPAPAuction 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 CPAPAuction, 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.
Fees and Services
Becoming a CPAPAuction member and bidding on listed auction items is free of charge. We do charge fees for the use of other services that we offer, such as listing a product or item for sale. When you use a service that has a fee associated, we give you a chance to inspect and accept the fees that you will be charged based on our Fee Schedule, which we have the ability to change occasionally. Changes to the Fee Schedule go in to effect after we give you at least 7 days notice by posting the modifications on the CPAPAuction website. We may decide to temporarily change the fees for promotional purposes or new services, and these type of changes are effective immediately when we post the temporary promotion or new service on CPAPAuction.
All fees are quoted in U.S. Dollars. You are solely responsible for making any payments, in a timely manner, of all fees and taxes associated with your CPAPAuction account, with a payment method which is valid. We may collect fees owed to us by utilizing other means of collection, including charging other payment methods associated with your CPAPAuction account, employing collection agencies, or using the services of an attorney.
Content License
When you provide and give CPAPAuction content, you grant to us a non-exclusive, ceaseless, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any known media now or in the future, throughout the entire world
No Medical Advice; No Guarantees
You recognize and agree that the content made available through CPAPAuction 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 or clinical relationship with CPAPAuction. Users should never use any CPAPAuction 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 CPAPAuction.
Limitation of Liability
CPAPAuction will not be held responsible by you for other users actions or inactions, including things posted by said users. From time-to-time, CPAPAuction may offer items for sale that it owns or has authority to sell on behalf of a third party under the usernames "CPAPAuction" or "cpaponline". The applicable terms of sale and shipping charges will be disclosed with the listing. CPAPAuction allows users to submit a 'sell outright' request form, in some situations, for items that the user has not listed for sale and that meet certain qualifying criteria. CPAPAuction is a website that allows many people the ability to offer, buy, and sell CPAP equipment in an auction-style format. CPAPAuction is not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for or purchase items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Texas Business & Commerce Code § 2401(b), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Texas Business & Commerce Code § 2401(b).
Additionally, In no event shall CPAPAuction guarantee constant or secure access to our websites or services, and normal functioning of CPAPAuction 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 CPAPAuction. 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 the greater of (a) the total fees you paid to us in the 3 months prior to the action giving rise to the liability, or (b) $100.
Release
You agree to release U.S. Expediters, Inc. (CPAPAuction.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 CPAPAuction.com website.
Access and Interference
Much of the information on the CPAPAuction website is updated in actual time and is exclusive to the owners or is licensed by third parties or our users to CPAPAuction. You agree that you will not use any robot, spider, scraper or any other automated means to access the CPAPAuction website for any purpose without first obtaining our express written permission.
We view protection of your privacy as an extremely important issue. We only use your information as described in the CPAPAuction Privacy Policy. We do not sell or rent your personal information to third parties 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. You may change and access the information you provide to us by logging in to your CPAPAuction account. We use third parties to check and certify the protection of your privacy. Please do not use CPAPAuction if you have any objections whatsoever to your information being transferred or used in the way described herein.
Indemnity
You agree to indemnify and hold CPAPAuction, 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
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and CPAPAuction by this Agreement.
Notices
Except as specifically stated elsewhere, legal notices shall be served on CPAPAuction's national registered agent or to the email address you provide to CPAPAuction during the registration process. 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 CPAPAuction 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 CPAPAuction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CPAPAuction 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 Contact Us Tab. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
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:
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 CPAPAuction 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. CPAPAuction is located at 9100 Southwest Freeway, Suite 135, Houston, Texas 77074.
We may make changes or amendments to this Agreement at any time by posting the amendments on CPAPAuction.com. All changes to this Agreement shall automatically become effective 7 days 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 CPAPAuction 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: Fees and Services (in regards to fees owed to us for services provided or used), Release, Content License, Limitation of Liability, Indemnity, and Resolution of Disputes.
Prologue
Welcome to CPAPAuction.com. By using the services on the CPAPAuction website (CPAPAuction.com and other related websites, joint ventures and subsidiaries) (the "Sites"), you are agreeing to the following terms with CPAPAuction and the general principles for the websites of our subsidiaries and affiliates. Please visit the Help section on CPAPAuction.com if any questions arise.
A requirement for use of CPAPAuction, is that you must read and accept all of the terms and conditions in this User Agreement (including linked items) and the Privacy Policy before joining. We highly recommend that you also access and read the linked information in this User Agreement.
This Agreement is effective upon acceptance for new users and on December 4th, 2008 for all existing users.
Use of CPAPAuction
While using CPAPAuction, you will not:
- post content or listings of items or products in an inappropriate category or areas on CPAPAuction;
violate any laws, third party rights, or any of our policies;
- use CPAPAuction, 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 CPAPAuction;
- fail to deliver payment for listings purchased by you, unless a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver purchased items, unless the buyer fails to meet the listed terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any product or item listed on CPAPAuction or interfere with any other user's listings;
- manipulate or circumnavigate our fee structure, our billing activities and processes, or fees owed to CPAPAuction;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- engage in any action that may weaken or sabotage the feedback or user ratings system such as exhibiting, importing or exporting feedback data off of CPAPAuction or by using it for some other purpose not related to CPAPAuction;
- transfer your CPAPAuction account (including feedback) and User Name 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 CPAPAuction, or to the interests or property of CPAPAuction users;
- duplicate, change, or disseminate content from CPAPAuction 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;
- misrepresent the geographic location from which services are offered;
- have links to information that attempts to sell additional services outside of CPAPAuction;
- impersonate any person or entity, including without limitation a CPAPAuction employee or agent, or otherwise misrepresent your affiliation with any person or entity;
- register any email address that you do not own or for which you do not have the express permission of the owner to register with CPAPAuction.
CPAPAuction works together with it's users to keep CPAPAuction 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.
CPAPAuction 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 CPAPAuction, 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.
Fees and Services
Becoming a CPAPAuction member and bidding on listed auction items is free of charge. We do charge fees for the use of other services that we offer, such as listing a product or item for sale. When you use a service that has a fee associated, we give you a chance to inspect and accept the fees that you will be charged based on our Fee Schedule, which we have the ability to change occasionally. Changes to the Fee Schedule go in to effect after we give you at least 7 days notice by posting the modifications on the CPAPAuction website. We may decide to temporarily change the fees for promotional purposes or new services, and these type of changes are effective immediately when we post the temporary promotion or new service on CPAPAuction.
All fees are quoted in U.S. Dollars. You are solely responsible for making any payments, in a timely manner, of all fees and taxes associated with your CPAPAuction account, with a payment method which is valid. We may collect fees owed to us by utilizing other means of collection, including charging other payment methods associated with your CPAPAuction account, employing collection agencies, or using the services of an attorney.
Content License
When you provide and give CPAPAuction content, you grant to us a non-exclusive, ceaseless, irrevocable, royalty-free, right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any known media now or in the future, throughout the entire world
No Medical Advice; No Guarantees
You recognize and agree that the content made available through CPAPAuction 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 or clinical relationship with CPAPAuction. Users should never use any CPAPAuction 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 CPAPAuction.
Limitation of Liability
CPAPAuction will not be held responsible by you for other users actions or inactions, including things posted by said users. From time-to-time, CPAPAuction may offer items for sale that it owns or has authority to sell on behalf of a third party under the usernames "CPAPAuction" or "cpaponline". The applicable terms of sale and shipping charges will be disclosed with the listing. CPAPAuction allows users to submit a 'sell outright' request form, in some situations, for items that the user has not listed for sale and that meet certain qualifying criteria. CPAPAuction is a website that allows many people the ability to offer, buy, and sell CPAP equipment in an auction-style format. CPAPAuction is not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for or purchase items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Texas Business & Commerce Code § 2401(b), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Texas Business & Commerce Code § 2401(b).
Additionally, In no event shall CPAPAuction guarantee constant or secure access to our websites or services, and normal functioning of CPAPAuction 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 CPAPAuction. 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 the greater of (a) the total fees you paid to us in the 3 months prior to the action giving rise to the liability, or (b) $100.
Release
You agree to release U.S. Expediters, Inc. (CPAPAuction.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 CPAPAuction.com website.
Access and Interference
Much of the information on the CPAPAuction website is updated in actual time and is exclusive to the owners or is licensed by third parties or our users to CPAPAuction. You agree that you will not use any robot, spider, scraper or any other automated means to access the CPAPAuction 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 CPAPAuction framework;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from CPAPAuction without the prior expressed written permission of CPAPAuction and the appropriate third party, as applicable;
- interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of CPAPAuction or any activities carried out on CPAPAuction; or
- circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to CPAPAuction.
We view protection of your privacy as an extremely important issue. We only use your information as described in the CPAPAuction Privacy Policy. We do not sell or rent your personal information to third parties 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. You may change and access the information you provide to us by logging in to your CPAPAuction account. We use third parties to check and certify the protection of your privacy. Please do not use CPAPAuction if you have any objections whatsoever to your information being transferred or used in the way described herein.
Indemnity
You agree to indemnify and hold CPAPAuction, 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
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and CPAPAuction by this Agreement.
Notices
Except as specifically stated elsewhere, legal notices shall be served on CPAPAuction's national registered agent or to the email address you provide to CPAPAuction during the registration process. 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 CPAPAuction 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 CPAPAuction, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CPAPAuction 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 Contact Us Tab. 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 CPAPAuction 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 CPAPAuction 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, CPAPAuction may recover attorneys' fees and costs up to $1000, provided that CPAPAuction 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:
- Outage Policy - Click to read this policy
- Listing Policy - Click to read this policy
- Member Created Content - Click to read this policy
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 CPAPAuction 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. CPAPAuction is located at 9100 Southwest Freeway, Suite 135, Houston, Texas 77074.
We may make changes or amendments to this Agreement at any time by posting the amendments on CPAPAuction.com. All changes to this Agreement shall automatically become effective 7 days 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 CPAPAuction 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: Fees and Services (in regards to fees owed to us for services provided or used), Release, Content License, Limitation of Liability, Indemnity, and Resolution of Disputes.
© 2007 CPAP Auction March 12, 2010 09:00:00 CST Display In Your Local Time
