Terms and Conditions
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Intellectual Property Rights
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Purchases and Payment
We accept the following forms of payment:
- American Express
To place an Order for Items through the Site, you must complete the check-out process, including providing us with a valid mailing address, email and payment information. Once an Order is submitted, you may not change or cancel that Order. We are not responsible for any Order processed using incorrect information provided by you. The risk of loss for and title to products purchased through the Site pass to you upon delivery to the carrier. After you submit your Order, we will provide you with an Order confirmation through the Site and to the email address that you provided to us. The Order confirmation means that your Order request has been received by us; it does not mean that your Order has been accepted or shipped or that the price or availability of an Item has been confirmed. We reserve the right to reject an Order, at any time, and for any reason, in our sole discretion, including if you have not met the conditions specified at the time of the Order, if your payment cannot be processed, if the ordered Items are not available, or for errors on the Site or made in connection with your Order.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Sales and Shipping
Any delivery dates or times provided by shipping carriers are estimates only and are not guaranteed. Since the actual delivery of your order can be impacted by many events beyond SnoreRx's control once it leaves our facilities, SnoreRx cannot be held liable for late deliveries. Upgrading to an expedited shipping option does not speed up the processing time, only the estimated number of days it takes for your order to arrive once shipped.
We are not responsible for an incorrect or incomplete shipping address. Any additional fees imposed by the shipping carrier due to an incorrect or incomplete shipping address, including address corrections and return postage fees, will be charged to Customer.
Risk of Loss and Delivery
All items purchased from SnoreRx are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you is at the discretion of the carrier. Conversely, we do not take title to returned items until the item is received at our facility.
SnoreRx attempts to be as accurate as possible. However, SnoreRx does not warrant that Product descriptions, depictions, colors, dimensions, ingredient lists or other content on the Site are accurate, complete, reliable, current or error-free. If a Product offered by SnoreRx is not as described, your sole remedy against us is to return it in unused condition and request a refund for such item. Contact us for return information.
By purchasing SnoreRx, you represent and warrant that SnoreRx should not be used by those who:
- Have central sleep apnea
- Are under the age of 18
- Have a history of TMD, temporomandibular disorder
- Have a respiratory disorder
- Have loose teeth or advanced periodontal disease
- Wear dentures, braces, or other dental appliances
- Have implants, crowns, or caps unless approved by their dentist
You also understand that use of SnoreRx may cause:
- Gingival or dental soreness
- Pain or soreness to the temporomandibular joint
- Obstruction of oral breathing
- Excessive salivation
- Tooth movement or changes in dental occlusion
Overheating or applying excessive force to SnoreRx may cause it to break or crack. Inadequate care for the device through regular maintenance and cleaning may significantly reduce its lifespan. Please review our Instructions for Use: snorerx.com/instructions.
Coupon codes cannot be combined with any other offer.
We will accept returns and exchanges from new customers for eligible products that are postmarked 30 days from the date of delivery. Unless otherwise provided by law or by a particular product offer, Aseptic Guard, SnoreRx Pro, and all items marked with a designation such as "Final Sale" or "Non-Returnable" are final and non-refundable.
All items must be received by SnoreRx before a refund or replacement can be issued. If we receive a product that is postmarked after 30 days from the date of delivery, we have the right to refuse to process a refund. Orders must include your order number on the outside of the returned packaging. You are responsible for paying any return shipment fees. We also do not accept returns of purchases from any retail channel except www.snorerx.com.
When you make a qualifying return, we will credit the purchase price of the item. Shipping and handling charges are nonrefundable. Returns are processed within ten business days of receipt of the returned item and refunds can be expected 5-7 business days after processing. Any refunds will be applied to the same method of payment used to place the order. We reserve the right to reject any return or warranty claim where it detects foul play.
To return your item, send your item to the following address:
Attn: Returns, Order #_____
27121 Aliso Creek Road #140
Aliso Viejo, CA 92656
For complete details on how to return eligible products, see our Returns and Refunds page. You are responsible for reviewing the contents of your returns prior to shipment back to us. We are not responsible for any additional items that might accompany your returned items. Any such items are subject to destruction, and we have no obligation to return them to you.
We reserve the right to modify its return and exchange policy at any time.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Attempt to impersonate another user or person or use the username of another user.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Delete the copyright or other proprietary rights notice from any Content.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites and Content
Term and Termination
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Orange County, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other proceeding; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3)) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
All pricing is subject to change without prior notice. We reserve the right to adjust the price of any product sold through our online stores at any time in our sole discretion. In the event that a product is listed on the Website at an incorrect price due to a typographical error or error in pricing information, we will have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.
The site is provided on an as-is and as-available basis. You agree that your use of the site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site's content or the content of any websites linked to this site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us.
Last Updated: December 16, 2022