SnoreRx

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Your use of our website indicates your unconditional acceptance of the following terms of use and complete agreement with it terms of sale. All trademarks and associated materials are copyright protected. This web site or its content may not be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you to view, copy, download, and print documents that are available on this web site, subject to the following conditions:

1. The documents may be used solely for your personal informational purposes.

2. The documents may not be modified.

3. Trademark and copyright information may not be removed.

Use of any of this Terms and Conditions documentation may not be used without the express written permission of Apnea Sciences Corporation.

Use of any of this Terms and Conditions documentation may not be used without the express written permission of Apnea Sciences Corporation. By using this web site, you agree to indemnify, hold harmless and defend Apnea Sciences Corporation from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this web site, or products.

COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN

If you believe that any materials on this web site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (1) identify the allegedly infringing materials; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate; and (6) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. To contact our agent for copyright issues relating to this web site, email customer.service@snorerx.com.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, all text and images contained on this web site are the property of Apnea Sciences Corporation, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. © 2008-2015

WEBSITE CONTENT:

The information on this web site offers the professional medical opinions of doctors. They are best able to render their professional opinions as it relates to products in the treatment of snoring.

PROHIBITED CONDUCT

Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this web site to: (1) transmit via or through the site any information, data, text, images, files, links, or software except in connection with your authorized use of this web site or otherwise in response to specific requests for information by us; (2) introduce viruses, worms, Trojan horses and/or harmful code on the Internet; (3) obtain unauthorized access to any computer system; (4) impersonate any other person, including but not limited to, a registered user of this web site; or (5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

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, Apnea Sciences Corporation 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.  

LIMITATION OF LIABILITY:

Apnea Sciences Corporation shall not be liable to any user of the SnoreRx 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 SnoreRx web site.

THIRD PARTY LINKS:

Our site contains links to third party links. If you leave SnoreRx.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. Apnea Sciences Corporation 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 Apnea Sciences Corporation of that third party or of any product or service provided by a third party. Likewise, a link to any non-Apnea Sciences Corporation web site does not imply that we endorse or accept any responsibility for the content or use of such a web site.

JURISDICTIONAL ISSUES:

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.

TERMS OF USE & LEGAL JURISDICTION:

These Terms of Use shall be governed and interpreted pursuant to the laws of the state of California, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in the English language in Orange County, California, U.S.A., by a sole, jointly appointed arbitrator, under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration.  All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, Apnea Sciences Corporation shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Southern District of California or any other court of competent jurisdiction.

SEVERABILITY:

If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

ENTIRE AGREEMENT:

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

SALES / SHIPPING TERMS:

SnoreRx will normally ship within one day of order receipt. Orders are entered only after the pre-qualification questionnaire is successfully completed and the credit card is processed. An electronic invoice will be sent and include details of each charge including, price, sales tax and shipping charge. For FedEx, orders must be placed before 3pm PST or the item is shipped the next day. You agree that Apnea Sciences Corp and or SnoreRx is NOT liable for any delay in shipping. You agree that you understand that shipping is done only through the days of Monday through Friday and MUST be completed by 3pm PST or your shipment will be shipped on the next business day. You agree that we will not refund any shipping for any item unless it’s within the time frame before the daily cut off of 3PM PST. If you order your product after 3PM PST, we have the right to ship it the next business day as we stated our terms as listed above. We do not ship FedEx to PO/APO Boxes. We do not send by any other method if it is not listed. Sales will be deemed made in Orange County, CA.
We are not liable for any order entry errors. We will not reimburse any shipping fees or return shipping fees on orders placed in error. If an order is placed with an incomplete address, we will contact the customer through email to inform them of this error. If no response is received within 5 business days, we have the right to cancel and refund your payment. We will not cover any fees associated in the delay of shipment directly related to an order entry error.

SALES TAX :

California sales tax, 8%, will be charged on all orders to comply with the California Board of Equalization. Rate subject to change by law. Canada residents will be changed HST tax.  Taxes are payable by the consumer.

GUARANTEE:

Simply return your SnoreRx within thirty calendar days of purchase for a refund of its purchase price. Shipping cost is not refundable. The refund only applies to SnoreRx and you agree to these terms. You further agree the 30 days begin from the date you receive the item. At the end of the 30 days if you want a refund, it must be postmarked on or before the 30 days of purchase. Within the 30 days if you device is damaged or broken we will replace the item. You will be required to return the original item to us before the 30 days from purchase date. If you fail to return a damaged or broken item within the said 30 days, you agree that you cannot return it nor demand a refund, or credit dispute the device. You furthermore agree that if we receive a complaint, dispute, inquiry or chargeback request from Visa/MasterCard/Discover/American Express, we will provide this terms of sale to them to cancel or close the inquiry, dispute, and or complaint in favor of Apnea Sciences Corporation. There are no exceptions and you agree to these terms. If you ship the product back to us after the 30 days we will not refund or ship the item back to you.
  You have 120 days from the original transaction date to issue a dispute with your issuing bank. We will provide evidence of any false claims to be represented by our credit card processor. All credit card disputes filed will be resolved through the issuing bank and our credit card processor. If a credit card dispute is resolved in our favor, we have no obligation to offer any compensation to you.
In the event of fraud or misrepresentation by the customer, these terms and conditions will be void.

CONTESTS:

California We may from time to time offer contests which are open to the general public for submission, however, for contests that are judged, those will only be valid for those residents whom reside in the United States and are legal residents and 18 years or older. If you are residing in a foreign country, you may submit but it will not be qualified for a winning prize. You cannot be a professional nor can you seek assistance from professionals. We offer the submission to allow others to see the quality and imagination and for the creative minds of those abroad. Contests maybe cancelled at any time without reason, and you indemnify us from any legal issues from this. You furthermore indemnify Apnea Sciences Corporation from any legal action based on the final decision of that contest.

TERMS OF REFUND/DISPUTES:

You agree that you will not file a claim or dispute on or before 30 days from the day you return the item back to its origin with proof of delivery. Packages without proof of delivery will not be refunded. We process the refund 48 hours after receiving the item, but we have no control over the length of time it takes for your bank to refund you. If you file a claim/dispute before the 30 business days after you have returned the item, you agree that we can and shall print this agreement out and send it to the bank and you waive the right to a refund.  Furthermore when we provide this agreement, you accept that your claim is null and void if we provide it within that time frame. We cannot and will not credit another credit card. If you use a credit card or pre-paid card, then the only other method of refund would be by check. Refunds are only refunded from the exact card number provided at the time of purchase; this is to prevent any type of fraud. Canadian residents are not entitled for refunds. The 30 day guarantee is only valid for those who purchased in the United States and are legal residents of the United States.

We do not cover any return shipping fees for any reason and have the right to apply these charges to the refund. In the event Apnea Sciences receives return shipments that are unlawfully billed to our company on your behalf, the fees will be applied to your refund. The return shipment fees will be deducted from the product price refund.

CONFIDENTIALITY:

We respect the confidentiality of all customers and do not share any information with outside vendors, co-marketing firms, or promotional companies.

COUPON CODES:

We offer from time to time codes and discounts, When we run a promotion with a code, it will be either or. You cannot use a code together with any other promotion. For example, if we offer free shipping and you have a coupon code, you cannot combine the two together. You must choose one or the other, and you agree to this. You also agree that you will not hold us liable for any mistake for the use of codes and or promotions. We cannot reverse or edit a sale once it is complete. You agree that you have read these Coupon terms before your purchase. These coupon codes are only valid within the continental United States including Hawaii and Alaska only.

Frequent Return Mistakes & Return Instructions

It is common that most people make the mistake of trying the device right out of the box. And thus they return the item. SnoreRx is a CUSTOM FIT device and is intended to be boiled before being used. Do not use SnoreRx without boiling it to a CUSTOM FIT first. The initial appearance alone has some people mistaken. Do not disassemble the device or materials at any time, doing so will null and void your device. There are NO replacements parts and thus should not be removed for any reason.
Before your return, please try SnoreRx. We will accept returns even if the device is used within 30 days of purchase. For returns, please put “returns” and your order number on the outside of the box for a refund. We do NOT use RMA. Your order number is always your number. We use the postmark as a date of return. If you do not return the product within those 30 days you agree that you have accepted the product and represents that you cannot return the product any longer. You must use a tracking number to send it to us. We are not responsible for any lost or stolen packages. Again, we do not refund any shipping charges. Return with your device.
All returns must be sent to:
Apnea Sciences Corp (Attn: Returns)
27121 Aliso Creek Road, Bldg# 140
Aliso Viejo CA 92656
  You agree that when returning the product YOU must pay for the return shipping, we will investigate any other means of returning the product and we will file a report with the United States Postal Inspector and or appropriate authorities to investigate mail fraud. The return package must be a valid tracking number and post marked on or before the 30 day purchase window. If you open the package you agree that you will pay for the return postage. Packages that are opened and labeled Return to Sender will void any money back or refund. For returns you agree that you will have a confirmed shipping label and/or other tracking means of the product. You agree that we are not liable for any loss of shipment if you fail to have a tracking number. This will be reported to the United States Postal Inspector Division along with evidence for us to file fraud charges against you. If you attempt to return by any other means, we shall not refund you and have the authorities investigate the matter.

AGREEMENT OF QUESTIONNAIRE:

1) You agree that Are you 18 years of age or older and agree you have agreed to all the statements truthfully.
2) 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 (Breathing)
3) You agree that you DO NOT have any of the following disorders or symptoms. Hypertension/HTN/High Blood Pressure, Obesity or a very thick neck, gasping or choking associated with your snoring, morning headaches, severe restlessness at night associated with the snoring.
4) You agree that you are NOT missing a significant number of teeth. Nor have full dentures. Are NOT presently undergoing orthodontic treatment.  Have never been given a diagnosis of Obstructive Sleep Apnea.


No credit issued for non-charged products.

Warnings

Use of SnoreRx may cause:

  • Tooth movement or changes in dental occlusion
  • Gingival or dental soreness
  • Soreness of the temporomandibular joint
  • Excessive Salivation
  • Obstruction of oral breathing


This document was last updated on February 23, 2017
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