You should carefully read the following terms and conditions before submitting a purchasing order of the VitalSleep anti-snoring device (or devices). Submission of the order signifies that you have read, understood and accepted these terms and conditions.
Use of VitalSleep
VitalSleep is intended to reduce or stop simple snoring. In addition, this anti-snoring device is not intended to cure or treat sleep apnea or any other sleeping disorders. Sleep apnea and other sleeping disorders need diagnosis, advice, medical care, and/or treatment from a medical doctor and/or dentist. If you are concerned that you may suffer from sleep apnea or another sleeping disorder, you should consult a medical doctor.
If you have dental crown(s), cap(s), bridge(s), or the like, using the VitalSleep anti-snoring device may cause them to be loosen. Thus, you may use this device at your own risk. The Snore Reliever Company, LLC, its subsidiaries and affiliates (collectively "the Company") shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the VitalSleep anti-snoring device.
Buyer acknowledges that the products may not have been tested for safety and efficacy in commercial use. The Snore Reliever Company, LLC provides instructions with the shipment of products. Buyer shall review the instructions, and shall provide them to any third party authorized by Buyer to use products purchased hereunder by Buyer, prior to the handling and use of the products. Buyer shall ensure that use of the products is strictly in accordance with the instructions and any warnings on the labels of the products; and Buyer shall obtain assurances from such third party that the third party will at all times use the products strictly in accordance with the instructions and any warnings on the labels of the products.
The Snore Reliever Company, LLC total liability under any agreement with respect to any product sold shall in no event exceed the price paid by the buyer for such product.
Limitation of Liability
In no event shall The Snore Reliever Company, LLC be liable to any user of the VitalSleep.com web site or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the VitalSleep.com web site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if The Snore Reliever Company, LLC has been advised of the possibility of such damages or losses.
The Company's total liability under any agreement between the Buyer and the Company with respect to the products and services sold hereunder shall not exceed the price paid by the Buyer for such products and services. The Company shall not be liable for costs of procurement of substitute products or services, nor for any loss of business, loss of use, loss 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 the Company has been advised of the possibility of such loss. PURCHASER AGREES TO INDEMNIFY AND HOLD US HARMLESS FROM ALL CLAIMS, EXPENSES, LOSSES AND LIABILITY OF ANY NATURE The Company shall not be liable for any costs, suits or otherwise that may arise out of third party claims against the Buyer.
An order of the VitalSleep anti-snoring device from a buyer ("Buyer") shall only be binding upon the Company if and when the Company sends a confirmation of the order to the Buyer via email, facsimile, or another means of communication. The Company reserves the right to refuse to accept and/or execute an order without giving prior notice or any reasons. The Company also reserves the right to cancel the order in whole or in part as circumstances dictate. The Company shall only be liable to refund monies already paid by the Buyer, excluding the shipping cost. The Company shall take all reasonable efforts to maintain correct prices on the website. However, should errors occur and the products are offered at incorrect prices, the Company will not be obliged to sell the products at such incorrect prices and shall only be liable to refund monies paid.
Payments can be made by major credit cards. All payment transactions will be carefully scrutinized to prevent attempted fraud. A transaction may be refused if it does not pass security measures of the credit card company verification process.
Guarantee of Satisfaction and Return and Exchange Policy
If the Buyer is not satisfied with the VitalSleep anti-snoring device received directly from the Company, the Buyer may return or exchange it within 30 days of receipt. The Buyer agrees to pay for all charges resulting from such returns and exchanges, including, but not limited to, shipping and handling costs.
Privacy and Credit Card Security
All information provided by the Buyer is confidential. The Company is legally committed to protecting all transactions and the Buyer's information. The Buyer's credit card details and personal information will never be disclosed to any third parties, unless obliged to do so by law.
The Buyer shall indemnify, defend, and hold harmless the Company, its employees, agents, successors, officers, managers, members and assigns, from any law suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Company may sustain or incur arising from (a) the 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 the Buyer's authorization, (c) use of the products by a third party without the Buyer's authorization, where such unauthorized use is due to the Buyer's negligent act or omission, or willful misconduct, (d) the 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, or (e) the Buyer's breach of any of its obligations set forth in these terms and conditions, in the instructions for use and care, or in this Agreement.
The Company will provide the Buyer with: (i) prompt written notice of such claim of which the Company is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at the 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 from the Company, which shall not be unreasonably withheld.
These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and The Snore Reliever Company,LLC. The failure by The Snore Reliever Company, LLC 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.
Warranties and Disclaimers
The Company provides warranty only for the VitalSleep anti-snoring device directly manufactured by the Company and services directly provided by the Company. The Company makes no other warranty, express or implied, with respect to the products or services sold hereunder, or products not directly manufactured by the Company or services not directly provided by the Company.
All information appearing on the Company's website or in any document provided by the Company is provided as is. The Company makes no warranty of any kind with respect to the information, correctness, accuracy, reliability, or otherwise.
The Company expressly disclaims the implied warranties of merchantability, non-infringement, and fitness for a particular purpose. The Company does not warrant that the operation of the Company online will be uninterrupted or free from errors, or that the Company�s website or its server are free of viruses or other harmful components.
Intellectual Property Rights
Unless otherwise noted, all text and images contained on this web site are the property of The Snore Reliever Company, LLC and/or its affiliates, parents, subsidiaries, or licensees, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.
Accuracy of Content and Future Modifications to Web Site
The information on this web site is believed to be complete and reliable; however, the information may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes, document names and content, product descriptions or specifications, or other information without obligation to issue any notice of such changes.
Disclaimer of Warranty
All text, images, and other information on or accessible from this web site are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Specifically, but without limitation, The Snore Reliever Company does not warrant that: (I) the information available on this web site is free of errors; (ii) the functions contained on this web site will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) this web site or the server(s) that makes it available are free of viruses or other harmful components.
Third Party Links
Our site contains links to third party links. If you leave VitalSleep.com by linking to a third party link, you will be subject to such third party's privacy policies and procedures and this Privacy Statement will no longer apply. The Snore Reliever Company is not responsible for the content of third party links or the use, collection or dissemination of information on such third party links.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by The Snore Reliever Company of that third party or of any product or service provided by a third party. Likewise, a link to any non VitalSleep web site does not imply that we endorse or accept any responsibility for the content or use of such a web site.
We make no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.