CPAPtalk Product Challenge User Agreement

Welcome to CPAPtalk's Product Challenge. By using the services on the CPAPtalk websites for the CPAPtalk challenge you are signing up for (CPAPtalk.com and other related websites, joint ventures and subsidiaries) (the "Sites"), you are agreeing to the following terms with CPAPtalk and the general principles for the websites of our subsidiaries and affiliates.

Before you may enter for the CPAPtalk Product Challenge, you must read and accept all of the terms and conditions in this User Agreement. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.

This Agreement is effective on October 1st, 2007, for users enrolling in the challenge and upon acceptance for new users.

• post any content publicly pertaining to the CPAPtalk Challenge;
• violate any laws, third party rights, or our policies;
• use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• take any action that may undermine the purity and/or publication of the CPAPtalk Product Challenge data;
• take any action that may undermine the purity and/or publication of the CPAPtalk Product Challenge data;
• transfer your CPAPtalk Product Challenge account and User ID to another party without our consent;
• distribute viruses or any other technologies that may harm CPAPtalk, or the interests or property of CPAPtalk users; or
• copy, modify, or distribute content from the Sites and CPAPtalk's copyrights and trademarks.

Employees of CPAP.com, CPAPtalk.com or any other subsidiaries of U.S. Expediters, Inc. are excluded from being able to enroll or participate in a CPAPtalk Product Challenge. Furthermore, no employees, relatives of employees, or friends of said employees of any manufacturer or dealer of Respiratory or Sleep Therapy equipment is allowed to enroll or participate in a CPAPtalk Product Challenge.

You agree to indemnify and hold CPAPtalk, 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, products or your violation of any law or the rights of a third party.

By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of CPAPtalk. You grant or warrant that the owner of such content has expressly granted CPAPtalk a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

Unless otherwise indicated, all information contained on this web site, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to US Expediters, Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without CPAPtalk's prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of the CPAPtalk, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.

CPAPtalk views the protection of your privacy as an extremely important issue. We do not sell or rent your personal information to third parties, including the Challenged and Challenging companies, 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. We use third parties to check and certify the protection of your privacy. Please do not enroll in the CPAPtalk Product Challenge if you have any objections whatsoever to your information being transferred or used in the way described above.

CPAPtalk will not be held responsible by you for other users actions or inactions, including things posted by said users. Additionally, In no event shall CPAPtalk guarantee constant or secure access to our websites or services, and normal functioning of CPAPtalk 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 CPAPtalk. 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 $100.

You also recognize and agree that the content made available through CPAPtalk is for informational purposes only and is not intended to be taken and should not in any way be construed as medical advice, guarantees, counseling or as the practice of medicine or as the creation of a physician-patient or clinical relationship with CPAPtalk. Users should never use any CPAPtalk resources in place of seeking professional advice from a licensed medical practitioner. CPAPtalk makes no guarantees, promises, or predictions of success regarding any of the services or resources offered through CPAPtalk.

You agree to release CPAPtalk, 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 CPAPtalk users.

Except as specifically stated elsewhere, legal notices shall be served on CPAPtalk's national registered agent or to the email address you provide to CPAPtalk 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 CPAPtalk account. In such case, notice shall be considered given 72 hours after the date of mailing.

If a dispute arises between you and CPAPtalk, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CPAPtalk 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 emailing us at productchallenge@cpaptalk.com. 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 CPAPtalk 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 CPAPtalk 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, CPAPtalk may recover attorneys' fees and costs up to $1000, provided that CPAPtalk 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:

• How It Works
• The Enrollment Page for each specific Product Challenge may contain additional requirements.

Each of these policies may be changed at any time. Changes take effect at the time they are posted on CPAPtalk. When you use various services on CPAPtalk, you are subject to any posted policies or rules applicable to those services. All such rules or policies posted on CPAPtalk are hereby incorporated into this Agreement.

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 CPAPtalk 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. CPAPtalk 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 CPAPtalk.com. All changes to this Agreement shall automatically become effective 30 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 CPAPtalk 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: Release, Usage, Content License, Limitation of Liability, Indemnity, and Resolution of Disputes.