Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Senske CPAP Supply, Inc.. The collective work includes works that are licensed to Senske CPAP Supply, Inc.. Copyright 2006, Senske CPAP Supply, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Senske CPAP Supply, Inc. or purchasing Senske CPAP Supply, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Senske CPAP Supply, Inc. or to purchase Senske CPAP Supply, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Senske CPAP Supply, Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Senske CPAP Supply, Inc. used in the site are trademarks or registered trademarks of Senske CPAP Supply, Inc.
Warranty Disclaimer
This site and the materials on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Senske CPAP Supply, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Senske CPAP Supply, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Senske CPAP Supply, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Senske CPAP Supply, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Senske CPAP Supply, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Senske CPAP Supply, Inc. product is mistakenly listed at an incorrect price, Senske CPAP Supply, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Senske CPAP Supply, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Senske CPAP Supply, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Senske CPAP Supply, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Senske CPAP Supply, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Senske CPAP Supply, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Washington, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Senske CPAP Supply, Inc. products) shall be in the state or federal courts located in Spokane County, Washington. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Senske CPAP Supply, Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Senske CPAP Supply, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Senske CPAP Supply, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Senske CPAP Supply, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Senske CPAP Supply, Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Senske CPAP Supply, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Senske CPAP Supply, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Senske CPAP Supply, Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Senske CPAP Supply, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Senske CPAP Supply, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Senske CPAP Supply, Inc., Senske CPAP Supply, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Senske CPAP Supply, Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Senske CPAP Supply, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Medicare
If you are a Medicare beneficiary and if you expect Medicare to cover the cost of your CPAP equipment, then you must notify us before we process your order. Upon your notification to us, we will either have you sign a waiver indicating you accept full fincancial responsibility in the case of nonpayment by Medicare, or we will cancel your order.
If the Medicare beneficiary does not inform Senske CPAP Supply, Inc. of his/her status as a Medicare beneficiary before the order is processed, then the Medicare beneficiary is assuming full financial responsibility for the order placed.
Senske CPAP Supply, Inc. hereby notifies all Medicare beneficiaries that Medicare may deny payment for several reasons including, but not limited to, the following:
- beneficiary ineligibility (e.g. beneficiary may not be eligible for CPAP equipment based on the Medicare reimbursement schedule, or the beneficiary may no longer be covered by Medicare)
- inadequate proof of medical necessity, including a valid sleep study report showing data that meets Medicare guidelines for medical necessity
- inadequate or missing physician's prescription
- noncompliance with Medicare guidelines (e.g. you've bought a CPAP machine outright, while Medicare requires a rental period)
- late claim filing
- inaccurate claim filing
Senske CPAP Supply, Inc. further notifies all Medicare beneficiaries that unless the Medicare beneficiary conforms to all Medicare rules and regulations regarding Medicare coverage of purchased equipment, that Medicare will deny any claim made. Senske CPAP Supply, Inc. does not represent in any way that Medicare will cover the cost of any services or merchandise provided.
Senske CPAP Supply, Inc. will not under any circumstances submit a claim to Medicare on your behalf.
Prescriptions
Senske CPAP Supply, Inc. requires a prescription for the sale of all CPAP machines. You agree to provide a valid prescription ordered by a licensed physician prior to Senske CPAP Supply, Inc. shipping a CPAP machine to you. If you fail to provide a valid prescription after placing an order for a CPAP machine, and if your order must be canceled due to Senske CPAP Supply, Inc.'s prescription policy, you will be charged a 10% administrative fee, which will be based on the subtotal of the entire order.
Shipping
Senske CPAP Supply, Inc. does not guarantee the viability of any shipping method and makes no claims as to the nature or timeliness of the delivery methods offered. All shipping is conducted by third party carriers, including, but not limited to United Parcel Service (UPS) and the United States Post Office (USPS). Senske CPAP Supply, Inc. is not responsible for shipments which are lost, stolen, delayed, damaged or misdelivered by a third party. Senske CPAP Supply, Inc. does not guarantee delivery of shipments carried by the United States Post Office. You assume all risk involved in selecting a service provided by the United States Post Office, and you agree to hold harmless Senske CPAP Supply, Inc. for any shipment carried by the United States Postal Service that is lost, stolen, delayed, damaged or misdelivered.
International Shipping
Senske CPAP Supply, Inc. does not guarantee successful processing of shipments through customs. It is your responsibility as the buyer to understand all limitations and potential risks involved in placing an order for international delivery. Senske CPAP Supply, Inc. will not be responsible for delays in customs. Further, Senske CPAP Supply, Inc. will not be responsible for any shipments which are denied, confiscated, or otherwise withheld by customs officials.
Returns and Refunds
Senske CPAP Supply, Inc. has a clearly defined return process and refund policy to which all customers are subjected. Click here to read our return/refund policy. Any product which has been opened cannnot be returned for a refund or exchange unless the opened product is determined to be defective by Senske CPAP Supply, Inc.
Accepting These Terms
All customers who place an order online must accept these terms and condtions, and all of our published policies, before placing an order. This acceptance takes place when the checkbox labeled "I've read and agree to the terms" is selected during checkout. All customers who place orders over the phone automatically accept the terms and condtions as published on this website.
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