Terms & Conditions: By using the services on the CPAPMaskAuction website, you are agreeing to the following terms with CPAP Mask Auction and the general principles for the websites of our subsidiaries and affiliates. A requirement for use of CPAP Mask Auction, 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.
Use While using CPAP Mask Auction, you will not:
post content or listings of items or products in an inappropriate category or areas on CPAP Mask Auction; violate any laws, third party rights, or any of our policies; use CPAP Mask Auction, if you are under the age of 18, if you are unable to form legally binding contracts, or if you are temporarily or permanently suspended from CPAP Mask Auction; 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 CPAP Mask Auction or interfere with any other user's listings; manipulate or circumnavigate our fee structure, our billing activities and processes, or fees owed to CPAP Mask Auction; 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 CPAP Mask Auction or by using it for some other purpose not related to CPAP Mask Auction; transfer your CPAP Mask Auction 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 CPAP Mask Auction, or to the interests or property of CPAP Mask Auction users; duplicate, change, or disseminate content from CPAP Mask Auction 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 CPAP Mask Auction; impersonate any person or entity, including without limitation a CPAP Mask Auction 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 CPAP Mask Auction.
Abuse CPAP Mask Auction works together with it's users to keep CPAP Mask Auction 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.
CPAP Mask Auction 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 CPAP Mask Auction, 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 CPAP Mask Auction 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.
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 CPAP Mask Auction 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 CPAP Mask Auction account, employing collection agencies, or using the services of an attorney. No Medical Advice; No Guarantees You recognize and agree that the content made available through CPAP Mask Auction 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 CPAP Mask Auction. Users should never use any CPAP Mask Auction 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 CPAP Mask Auction.
Limitation of Liability CPAP Mask Auction will not be held responsible by you for other users actions or inactions, including things posted by said users. From time-to-time, CPAP Mask Auction may offer items for sale that it owns or has authority to sell on behalf of a third party under the username "CPAPMaskAuction". The applicable terms of sale and shipping charges will be disclosed with the listing. CPAP Mask Auction 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. CPAP Mask Auction is a website that allows many people the ability to offer, buy, and sell CPAP equipment in an auction-style format. CPAP Mask Auction 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.
Additionally, In no event shall CPAP Mask Auction guarantee constant or secure access to our websites or services, and normal functioning of CPAP Mask Auction 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 CPAP Mask Auction. 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 CPAP Mask Auction, 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 a dispute with one or more CPAP Mask Auction users.
Access and Interference Much of the information on the CPAP Mask Auction website is updated in actual time and is exclusive to the owners or is licensed by third parties or our users to CPAP Mask Auction. You agree that you will not use any robot, spider, scraper or any other automated means to access the CPAP Mask Auction 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 CPAP Mask Auction framework; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from CPAP Mask Auction without the prior expressed written permission of CPAP Mask Auction and the appropriate third party, as applicable; interfere with or try to meddle, tamper, or obstruct the proper and correct functioning of CPAP Mask Auction or any activities carried out on CPAP Mask Auction; or circumvent or use any other method to bypass the security measures we may use to prevent or restrict access to CPAP Mask Auction.
Privacy We view protection of your privacy as an extremely important issue. We only use your information as described in the CPAP Mask Auction 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 CPAP Mask Auction account. We use third parties to check and certify the protection of your privacy. Please do not use CPAP Mask Auction 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 CPAP Mask Auction, 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 CPAP Mask Auction by this Agreement.
Notices Except as specifically stated elsewhere, legal notices shall be served on CPAP Mask Auction's national registered agent or to the email address you provide to CPAP Mask Auction 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 CPAP Mask Auction account. In such case, notice shall be considered given 72 hours after the date of mailing.
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