SNORETEK TERMS AND CONDITIONS https://www.snoretek.com/about/termsandconditions Terms and Conditions SnoreTek website April, 2017
SNORETEK TERMS & CONDITIONS
The terms and conditions set forth on this document (the 'Terms') and in the instructions for use and care delivered with any product plus any written agreement executed by buyer and SnoreTek ("the Agreement") constitute the entire agreement between SnoreTek, by and on behalf of its subsidiaries and affiliates, SnoreTek and buyer and or User ("Buyer"). SnoreTek will not be bound by any additional or different terms on buyer's order or other documents that are inconsistent with these terms. The Buyer agrees to follow all instructions and warnings issued by SnoreTek posted on its website, email communications to the Buyer and those accompanying the product. Acceptance by Buyer of these terms is made at the time of order submission. In all descriptions, herein the Buyer and User are assumed to be the same person.
FDA STATEMENTS and USER RESPONSIBILITY
FDA CLEARANCE The FDA has established certain criteria for the evaluation of mouthpieces used to treat snoring and obstructive sleep apnea. The SnoreTek Mouthpiece is FDA cleared and is indicated for the treatment of snoring and mild to moderate obstructive sleep apnea in adults. Chin straps are frequently used in combination with CPAP machines, snoring mouthpieces and as a single device to improve sleep breathing. Various medical studies have shown their effectiveness in these applications. Generally, the FDA reviews products that could have possible safety concerns or medical benefits. The FDA has not yet reviewed the use of chin straps for these stated purposes and as such we are required to state that the chin strap product is not intended to diagnose, treat, cure, or prevent any disease.
WARNINGS These devices should not be used by persons with asthma, emphysema, COPD, central sleep apnea or severe respiratory disorders. If the user has or suspects any form of obstructive sleep apnea, he/she will consult with their medical provider regarding the supervision and use of this device. If the user suspects that he has loose teeth, advanced periodontal disease, TMJ (Jaw joint pain) or other dental problems he/she will consult a dentist before using the mouthpiece device. A medical and or dental evaluation is recommended. Use of the mouthpiece may cause temporary dental problems including increased salivation or possible mouth breathing. If the user experiences ongoing TMJ pain, gum irritation, bite problems, loose teeth or other dental problems he/she will discontinue use of the device and seek appropriate dental or medical help
USER RESPONSIBILITY The user understands that optimal treatment of their sleep breathing disorder may require medical or dental supervision. The adult user of this device has or will read and comply with all product descriptions, directions, warnings, packing information, user agreements and other information supplied to user or available from this website regarding application and use of this device. The adult user of this device will truthfully complete the required health screening questionnaire and seek appropriate medical or dental assistance as prescribed or suggested.
PRODUCT USE None of the sold products are intended for human consumption. The appliances and products purchased through the SnoreTek have specific uses and the Buyer and or User shall review all the indications, instructions, and warnings included with the product and on the product description located on the website. The Buyer shall ensure that use of the appliance occurs strictly in accordance with the instructions and any warnings on the label and website. All information appearing in SnoreTek documentation or on SnoreTek website is provided "AS IS" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. SnoreTek provides no warranty with respect to the contents of its documents or website or with respect to the products and/or services sold hereunder, except those products directly manufactured and sold by SnoreTek. These devices are provided non-sterile.
ORDERS and SHIPPING
SNORETEK ORDERS Buyer will submit orders for products and services through SnoreTek online ordering system located at http://SnoreTek.com or other methods acceptable by SnoreTek. These Terms apply to all orders accepted by SnoreTek for its products and services. Acceptance of Buyer's order by SnoreTek will be made only on the express understanding and condition that insofar as these Terms state. In case of any conflict with Buyer's order, these Terms shall govern. No order shall be binding upon SnoreTek until SnoreTek sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication. Buyer acknowledges responsibility for entire balance due regardless of form of payment used with transaction. Buyer agrees to use valid credit card for purchase.
PROMOTIONAL OFFERS Certain “Limited Time” offers may be presented from time to time. You must purchase from that particular promotion location or website page to qualify for the special offer. Those offers are not transferrable to future orders or to orders made on the home site or to any other affiliated site.
SHIPPING TERMS SnoreTek will normally process and ship via the United States Postal Service (USPS) First Class mail within one-three business days of a completed order. Order submissions are determined to be complete only after the user agreement is successfully completed and payment is processed. An electronic invoice will be sent to the purchaser’s email address of record with details of each charge including, price, applicable sales tax and shipping charge and USPS Tracking if available.
SHIPPING METHOD USPS First Class Standard shipping delivery usually requires 2-5 days for delivery in the US. USPS tracking is available for all orders purchased as included in your order confirmation from SnoreTek. You agree that SnoreTek is NOT liable for any delay in shipping resulting from the USPS carrier problems. You agree and understand that shipping is done only thru the days of Monday thru Friday (excepting legal US holidays). You agree that we will not refund any purchase or shipping costs for any item that has been sent to an incorrect address provided by the buyer or gift recipient.
PRIORITY MAIL EXPRESS 2 DAY This service is not available from SnoreTek. Optional Expedited Shipping is available for the SnoreTek products from: http://mouthguardstore.com
INTERNATIONAL SHIPPING This service is not available from SnoreTek. For International shipping, purchase the SnoreTek products from: http://mouthguardstore.com.
PRODUCT WARRANTY, TECHNICAL HELP and RETURN INFORMATION
90 DAY WARRANTY Available for: The SnoreTek COMBO Pack, SnoreTek Mouthpiece and SnoreTek Chin Strap products With your order, you will be able to try your individual SnoreTek Product for 90 days from your date of purchase. If you are not getting the expected result first review the FAQs for detailed help. In case you are still not satisfied, you may also return the product via the automated return processing for a refund of the purchase product. See Return Information below. NOTE: If you purchased the Combo Pack and want to return it, you must return both the chin strap and the mouthpiece. You cannot keep just one.
TECHNICAL HELP Most user concerns can be simply handled by reviewing the detailed FAQs for the product. Our success rate is very good, so if you have a particular issue, we can probably help. You can contact our technical help at: info@SnoreTek.com. If we are unable to help with your issue, you may follow the return process as described below.
RETURN INFORMATION AUTHORIZATION: The Return procedure is a simple automated process that you can easily perform from your own computer. All returns require a Return Merchandise Authorization Number (RMA) which is generated from the USPS Return Tracking Number which you supply. We do not supply the RMA. You will generate your own RMA when you purchase your USPS return shipping label.
BUYER RETURN INFORMATION Please note: Most issues with any SnoreTek product can be easily resolved by following the suggestions offered in the Comprehensive FAQs. You must confirm you read the FAQs, if you want to return any product. Your successful return of the product(s) will allow a refund if applicable in the 90-day return period or will cancel any outstanding balance due if you made a Trial purchase. The $9.95 shipping and handling fees are not refundable. Return ALL contents of the original package and both products in the Combo package. You must obtain a Return Merchandise Authorization number (RMA) from SnoreTek for our system to process your return request. Having an RMA number does not guarantee you a successful return, because you must mail via USPS your product back before your trial period ends. Notification of your intent to return does NOT satisfy return requirement. Only the successful completion of the automated RMA process and shipment to us will confirm your return.
RETURN PROTOCOL Follow these simple steps to return your SnoreTek product(s) 1. Create a shipping label from the United States Postal Service (USPS) and obtain a valid USPS tracking number (you must ship with the USPS so we can confirm your return status). No other return carrier is accepted. - Note: you can buy and print the shipping label online by going directly to the USPS website or by using a PayPal account This is the shipping address for your USPS label SnoreTek P.O. Box 551122 Ft. Lauderdale, FL 33355 2. Get the RMA. Use your USPS tracking number and your SnoreTek order ID (it was sent to you in an email when you purchased) and create an RMA on https://www. SnoreTek.com/rma , complete the form and print out the RMA form 3. Mail all contents sent to you with your SnoreTek order along with the printed RMA form and mail it before your 90-day Trial period ends. Following this process will automatically cancel any outstanding balance or allow a refund if applicable. Buyer is responsible for shipping Return costs to SnoreTek. The initial shipping and handling costs of $9.95 included with your purchase are not refundable.
REFUND Credit Card Refund – Delay Charge Cancellation Refunds are made to the Credit Card used for purchase usually at the end of each month. Refunds are made in the amount of the product purchase price only. No Shipping or Trial offer costs are refundable. Credit card companies may take a full billing cycle to acknowledge your refund.
INDEMNITY Buyer shall indemnify, defend, and hold harmless SnoreTek and its employees, agents, successors, officers, managers, members and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including without limitation legal expenses, accounting fees and any amounts paid by SnoreTek to a third party in settlement of a claim or dispute on the advice of SnoreTek’s legal advisers) (including attorney and accounting fees) that SnoreTek may sustain or incur arising from (a) Buyer’s improper use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s failure to comply with any applicable laws and regulations or to obtain any licenses or approvals necessary to purchase and use the products, (e) the Buyer’s breach of any of its obligations set forth in these Terms, in the Instructions for Use and Care or in any Agreement, or (f) the User’s failure to comply with all stated device indications, warnings or responsibility requirements. SnoreTek will provide Buyer with: (i) prompt written notice of such claim of which SnoreTek is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of SnoreTek which shall not be unreasonably withheld.
LIMITATION OF LIABILITY SnoreTek shall not be liable for costs of procurement of substitute products or services, nor for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or other indirect, special, incidental, exemplary or consequential damages of any kind arising out of any agreement, even if SnoreTek has been advised of the possibility of such loss, and notwithstanding any failure of essential purpose of any limited remedy. This exclusion includes any liability that may arise out of third party claims against buyer. SnoreTek total liability under any agreement with respect to any product or service sold hereunder shall in no event exceed the price paid by buyer for such product or service.
TRADEMARKS The SnoreTek website may contain other third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in SnoreTek website including copyright, trademarks, trade secrets and patent rights are reserved. Access to the SnoreTek website does not constitute a right to copy or use any of the third parties’ intellectual property of SnoreTek or its suppliers. Statutory notice contained herein represents trademark status in the United States.
COPYRIGHT All materials contained on SnoreTek website are subject to the ownership rights of the SnoreTek. You may for personal or other learning purposes copy content. However, in no circumstances are you permitted to display the content for commercial use or claim ownership of the information or be subject to copyright infringement. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.
SUBMISSIONS All remarks, suggestions, ideas, graphics or other information communicated to SnoreTek will forever be the property of SnoreTek. Unless otherwise specified in writing, all material submitted to SnoreTek will be presumed to be public and SnoreTek will not be required to treat the information as confidential. SnoreTek shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.
LEGAL USAGE OF THIS WEBSITE
USE OF THIS WEBSITE SnoreTek reserves the right to modify any programs, policies, information, products and services offered by SnoreTek or contained on the SnoreTek website at any time and without notice to Buyer. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of Florida, without regard to provisions on the conflicts of laws. Buyer and SnoreTek consent to the exclusive venue in, the state and federal courts of the State of Florida. Buyer shall not assign (a) any order for products and/or services placed through SnoreTek website or telephone ordering system, or (b) any interest in or any rights under such order, without the prior written consent of SnoreTek. These Terms, the Instructions for Use and Care and any Agreement constitute the entire agreement between SnoreTek and Buyer and supersede all previous communications, representations and agreements, whether oral or written, between Buyer and SnoreTek with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and SnoreTek. The failure by SnoreTek to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. If any provision of these Terms shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms.
The SnoreTek Site may contain links to web sites that are not operated or controlled by SnoreTek. These links are provided for your reference and convenience only and do not imply any endorsement of the activities of these third party web sites nor any association with their operators. By using the Site, you are agreeing to the collection, use, and disclosure of your personal information as described in this Online Privacy and Security Policy outlined above. If you do not consent to the collection, use, and disclosure of your personal information as described in this Online Privacy and Security Policy, you may not use our Site. We reserve the right to change this Online Privacy and Security Policy and any Privacy Notice, by posting the revised version of this Online Privacy and Security Policy on our Site from time to time. SnoreTek does not warrant that operation of SnoreTek online will be uninterrupted or free from errors, that defects will be corrected or that SnoreTek website or its server are free of viruses or other harmful components.
LICENSE TO USE WEBSITE Unless otherwise stated, SleepTight and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your organization.
ACCEPTABLE USE You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SnoreTek’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without SnoreTek’s express written consent.
RESTRICTED ACCESS Access to certain areas of this website is restricted. SnoreTek reserves the right to restrict access to other areas of this website, or indeed this entire website, at SnoreTek’s discretion.
USER CONTENT In these terms and conditions, “your user content” means material (including without limitation text, images, any communication, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to SnoreTek a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to SnoreTek the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or SnoreTek’s or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. SnoreTek reserves the right to edit or remove any material submitted to this website, or stored on SnoreTek servers, or hosted or published upon this website. Notwithstanding SnoreTek rights under these terms and conditions in relation to user content, SnoreTek does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
NO WARRANTIES This website is provided “as is” without any representations or warranties, express or implied. SnoreTek makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, SnoreTek does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional. SnoreTek makes no other warranty, express or implied, with respect to the SnoreTek website or the products and services sold hereunder. SnoreTek expressly disclaims the implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
LIMITATIONS OF LIABILITY SnoreTek will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if SnoreTek has been expressly advised of the potential loss.
EXCEPTIONS Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SnoreTek liability in respect of any: death or personal injury caused by SnoreTek negligence; fraud or fraudulent misrepresentation on the part of SnoreTek; or matter which it would be illegal or unlawful for SnoreTek to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
OTHER PARTIES You accept that, as a limited liability entity, SnoreTek has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SnoreTek’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SnoreTek’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SnoreTek.
UNENFORCEABLE PROVISIONS If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
BREACHES OF THESE TERMS AND CONDITIONS Without prejudice to SnoreTek’s other rights under these terms and conditions, if you breach these terms and conditions in any way, SnoreTek may take such action as SnoreTek deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION SnoreTek may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT SnoreTek may transfer, sub-contract or otherwise deal with SnoreTek’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
SEVERABILITY If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LAW AND JURISDICTION These terms and conditions will be governed by and construed in accordance with GOVERNING LAW, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Florida, USA.
ENTIRE AGREEMENT These Terms and Conditions, together with documents, warnings and directions constitute the entire agreement between you and SnoreTek in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
QUESTIONS REGARDING TERMS AND CONDITIONS Any questions regarding SnoreTek Terms and Conditions should be directed to info@ SnoreTek.com.