CPAP Store NY – Terms of Service
Effective Date: June 1, 2025
These Terms of Service (“Terms”) govern your access to and use of the website located at cpapstoreny.wpenginepowered.com (the “Site”), operated by CPAP Store NY LLC (“we”, “us”, “our”). By using the Site, creating an account, or purchasing from us, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, do not use the Site.
1. Use of Site and Eligibility
You must be at least 18 years of age or the age of majority in your jurisdiction to use this Site. By using this Site, you represent and warrant that you meet this requirement.
We grant you a limited, revocable, non-exclusive license to use this Site for personal shopping purposes only. You may not reproduce, resell, exploit, or use the Site or its content for any commercial purpose without express written consent.
2. Prescription Products and Medical Disclaimer
CPAP Store NY sells certain medical devices that may be regulated by the U.S. Food and Drug Administration (FDA) and may require a valid prescription (e.g., CPAP/BiPAP machines, oxygen concentrators).
We are not a healthcare provider and do not diagnose, treat, or offer medical advice. It is your responsibility to comply with applicable laws regarding prescriptions. We reserve the right to cancel any order that lacks appropriate documentation.
3. Privacy
Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and protect your data. By using this Site, you consent to all actions taken with respect to your information in accordance with our Privacy Policy.
4. Intellectual Property
All content on the Site—including but not limited to text, graphics, logos, images, software, and digital downloads—is the exclusive property of CPAP Store NY or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
No license or right is granted to you except as expressly authorized by these Terms.
5. Communications and User Submissions
By communicating with us electronically, you consent to receive legally required communications electronically. This includes disclosures, notices, agreements, and other communications.
If you submit reviews, comments, testimonials, or suggestions, you grant us a perpetual, royalty-free, irrevocable, worldwide license to use, reproduce, and publish such content for any purpose.
We reserve the right to remove or moderate content that is offensive, defamatory, or violates any law.
6. Orders and Payment
All orders are subject to acceptance and availability. We reserve the right to limit or refuse any order at our sole discretion. In the event we cancel your order after billing, we will issue a prompt refund.
We are not responsible for delays or failures in delivery due to incorrect or incomplete information, carrier issues, or force majeure events.
7. Pricing, Taxes, and Changes
Prices are subject to change without notice. Sales tax will be applied where required by law. We reserve the right to correct pricing errors and cancel orders arising from such errors.
8. Returns and Refunds
All sales of respiratory products are final due to FDA regulations. Please review our Return Policy for more information. Unauthorized returns may be refused, discarded, or returned at the sender’s expense.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CPAP STORE NY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT OR SERVICE.
10. Disclaimer of Warranties
ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY STATED, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11. Indemnification
You agree to indemnify and hold harmless CPAP Store NY , its affiliates, directors, officers, employees, and agents from and against any claims, losses, liabilities, damages, and expenses (including attorneys’ fees) arising from your use of the Site, your violation of these Terms, or your violation of any rights of another.
12. Dispute Resolution & Governing Law
These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or your use of the Site must be brought exclusively in the state or federal courts located in Clark County, Nevada. You irrevocably consent to the jurisdiction of such courts.
You waive any right to a jury trial and agree that any claims must be brought individually, not as part of a class action.
13. Termination
We may terminate or suspend your access to the Site or your account without notice, at our sole discretion, for conduct that violates these Terms, applicable law, or our rights.
14. Changes to These Terms
We may update these Terms from time to time. The revised Terms will be posted on this page with a new effective date. Your continued use of the Site after any changes constitutes your acceptance of the updated Terms.
15. Contact Information
CPAP Store NY
Email: info@cpapstoreusa.com
Phone: (888) 512-7278