AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS.
Use of VitalSleep
VitalSleep is to be used to reduce or stop snoring. It is not intended to be used to treat any other sleep disorders. If you are concerned that you may suffer from sleep apnea or another sleeping disorder, you should consult a medical doctor. VitalSleep is only to be used to treat simple snoring.
If you have dental crown(s), cap(s), bridge(s), or the like, using the VitalSleep 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. Only the intended user may order VitalSleep.
The Company 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 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.
VitalSleep may not be resold to other individuals with the written consent of The Company.
Limitation of Liability
In no event shall The Company 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.
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. In the event of an authorized return of the product, 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. Free replacements may be received for up to 1 year of receipt of product. S&H is not refundable. A Returned Merchandise Number (RMA) is required before returning an order and that may be obtained by contacting us.
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 storage, handling, and transportation of products, (b) use of the products by a third party with the Buyer's authorization, (c) 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 Buyer will provide the Company with: (i) prompt written notice of such claim; (ii) the Company will have complete control over the defense and settlement of any such claim; and (iii) proper and full information and assistance at the Buyer's expense to settle and/or defend any such claim. Under any circumstances the Buyer shall not settle any such claim, suit or proceeding involving the products without the written consent from the Company.
These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and The Company. The failure by the Company to enforce at any time any of the provisions in these Terms and Conditions will in no way be construed as a waiver of such provisions. If any provision of these Terms and Conditions 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.
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 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 Company 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. The Company reserves 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 may contain links to third party web sites. 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 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.
You agree that are you 18 years of age, or older, have read and understand the Terms & Conditions and truthfully agree to each of the following:
1) You agree that you do not have severe lung disease, chronic asthma, COPD, chronic bronchitis, or emphysema. You do not have other underlying medical problems which severely limit your lung function. or Have never been told that you have Central Sleep Apnea (CSA). CSA is a condition which is different from Obstructive Sleep Apnea (OSA) in that there are pauses in breathing during sleep which are due to the lack of a signal to breathe from the brain, and not due to upper airway narrowing or obstruction. You never been told that you have Cheyne-Stokes Respiration.
2) You agree that you do not have any of the following disorders or symptoms. hypertension, obesity or a very thick neck, gasping or choking associated with your snoring, morning headaches, severe restlessness at night associated with the snoring.
3) You agree that you are not missing a significant number of teeth, nor have full dentures. You are not presently undergoing orthodontic treatment, nor have never been given a diagnosis of obstructive sleep apnea.
4) You agree you have not had recent dental implants, within the last year. (NOT including crowns, caps, or fillings). You have never had bridges that involve several teeth, especially at the front of the mouth. You do NOT have loose teeth, poor dentition, oral abscesses, severe gum disease, periodontal disease, or other significant oral problems.
5) You agree that you never ever been diagnosed with Temporomandibular Joint problems, Temporomandibular Disease, TMD, or TMJ Syndrome. You do not have painful jaw clicks, or get pain or soreness behind the jaw or near the ears, nor have limited jaw mobility and it does not hurt when you open your mouth widely, or yawn.
6) You agree that you have a good understanding of the above terminology and written information and have a good understanding of all of your symptoms and medical conditions.