These Terms of Use govern your access to and use of HappyCPAP.com and any products, services, content, features, and functionality offered through the Site.
By accessing or using the Site, you agree to be bound by these Terms of Use. If you do not agree, do not use the Site.
Happy CPAP (“Happy CPAP,” “we,” “us,” or “our”) reserves the right to update these Terms of Use at any time. Updated versions will be posted on this page with a revised effective date. Continued use of the Site constitutes acceptance of any modifications.
Privacy Policy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
Product Sales
All purchases made through the Site are subject to our policies regarding returns, shipping, warranties, and refunds.
By placing an order, you agree to:
Provide accurate billing and shipping information.
Pay all charges associated with your purchase.
Comply with any prescription requirements applicable to regulated products.
Prices are subject to change without notice.
We reserve the right to cancel orders at our sole discretion, including where products are unavailable, pricing errors occur, or fraud is suspected.
Products purchased through the Site are intended for personal use only and may not be resold without our written consent.
Prescription Products
Certain products offered through the Site may require a valid prescription.
By ordering prescription-required products, you represent that:
You are authorized to provide any prescription submitted.
The information provided is accurate.
You understand that orders may be delayed or cancelled if prescription requirements are not satisfied.
Happy CPAP reserves the right to verify prescription information before fulfillment.
User Accounts
Certain features may require account registration.
You agree to:
Provide accurate information.
Maintain the confidentiality of your login credentials.
Notify us immediately of unauthorized account activity.
Be responsible for all activity occurring under your account.
You may not:
Create accounts using false information.
Impersonate another person.
Transfer or sell your account.
We reserve the right to suspend or terminate accounts at any time.
Account Deletion
You may request deletion of your account by contacting us at:
Certain information may be retained where required by law, regulatory obligations, fraud prevention requirements, or recordkeeping obligations.
Eligibility
The Site is not intended for children under 13 years of age.
You must be at least 18 years old to purchase products through the Site.
By placing an order, you represent that you are at least 18 years old.
Intellectual Property
All content on the Site, including:
Logos
Graphics
Product images
Text
Software
Videos
Trademarks
Site design
is owned by Happy CPAP or its licensors and is protected by applicable intellectual property laws.
You may not:
Copy
Reproduce
Distribute
Modify
Publish
Create derivative works
without our prior written permission.
User Reviews and Content
Users may submit reviews, comments, photos, and other content (“User Content”).
By submitting User Content, you grant Happy CPAP a worldwide, perpetual, royalty-free license to use, reproduce, publish, display, modify, and distribute such content for business purposes.
You agree not to submit content that:
Is unlawful
Is defamatory
Is fraudulent
Violates intellectual property rights
Contains malware or harmful code
Is abusive, harassing, hateful, or obscene
We may remove User Content at our discretion.
Promotional Offers and Coupons
Promotional offers, discounts, and coupon codes:
Have no cash value.
May be modified or cancelled at any time.
Cannot be combined unless expressly permitted.
Cannot be transferred, sold, or redeemed for cash.
Happy CPAP reserves the right to cancel or refuse promotions that are misused.
Third-Party Services
The Site may contain links to third-party websites, products, or services.
Happy CPAP is not responsible for:
Third-party content
Privacy practices
Website availability
Products or services offered by third parties
Your use of third-party services is at your own risk.
Disclaimer of Warranties
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPY CPAP DISCLAIMS ALL WARRANTIES, INCLUDING:
MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
WE DO NOT GUARANTEE THAT:
THE SITE WILL OPERATE WITHOUT INTERRUPTION;
THE SITE WILL BE ERROR-FREE;
THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAPPY CPAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM:
USE OF THE SITE;
INABILITY TO USE THE SITE;
PRODUCTS PURCHASED THROUGH THE SITE;
ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE.
OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO HAPPY CPAP FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless Happy CPAP and its officers, employees, contractors, affiliates, and agents from any claims, damages, losses, liabilities, and expenses arising from:
Your use of the Site;
Your violation of these Terms;
Your violation of any law or third-party rights.
Copyright Complaints
If you believe material on the Site infringes your copyright, please contact:
Identification of the allegedly infringing material;
Your contact information;
A statement of good-faith belief;
A statement made under penalty of perjury;
Your physical or electronic signature.
Dispute Resolution
Before filing any legal action, both parties agree to attempt to resolve disputes informally.
If a dispute cannot be resolved informally, it shall be resolved through binding arbitration administered by a nationally recognized arbitration provider under its applicable consumer rules.
The arbitration shall be conducted on an individual basis only.
Neither party may participate in a class action, class arbitration, or representative proceeding.
Each party shall bear its own attorneys’ fees unless otherwise required by law or awarded by the arbitrator.
You understand that by agreeing to arbitration, you waive the right to a jury trial.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms of Use, together with our Privacy Policy and any posted policies referenced herein, constitute the entire agreement between you and Happy CPAP regarding the Site.
Contact Information
Questions regarding these Terms of Use may be directed to:
