TERMS OF WEBSITE USE AND PRODUCT SALE
1. GENERAL CONDITIONS
This Site and the SnoreMart Services are owned and operated by SnoreMart. SnoreMart grants you a limited, nonexclusive, nontransferable license to access this Site and the SnoreMart Services for your personal, non-commercial use. The design of this Site, this Site as a whole, the SnoreMart Services, and all materials that are part of this Site or the SnoreMart Services are protected by copyright, trademark and other intellectual property or proprietary laws. You have no right of ownership or title in this Site and the SnoreMart Services, and you must comply with all applicable laws and regulations when you use this Site and the SnoreMart Services. No further use of this Site and the SnoreMart Services may be made without the prior written authorization of SnoreMart. Any unauthorized use of this Site and the SnoreMart Services may violate copyright, trademark, and other intellectual property or proprietary laws, the laws of publicity and privacy, and communications regulations and statutes.
Any information you provide to SnoreMart in connection with your use of this Site or the SnoreMart Services may not: (a) be false, inaccurate or misleading, (b) contain any malware, viruses, Trojan horses, worms, or other automatic devices that are intended to damage, detrimentally interfere with or intercept any data or information from this Site or the SnoreMart Services, and (c) infringe any third party’s intellectual property or other proprietary rights.
SnoreMart operates this Site and the SnoreMart Services from within its offices in the United States. Use of this Site and the SnoreMart Services may not be legal by certain persons or in certain countries. If you use this Site or the SnoreMart Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction.
2. INTELLECTUAL PROPERTY RIGHTS
SnoreMart shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to you to use this Site or the SnoreMart Services under these Terms and Conditions do not convey any additional rights in this Site or any SnoreMart Services, or in any Intellectual Property Rights associated therewith.
3. DISCLAIMER OF WARRANTIES
THIS SITE, THE SNOREMART SERVICES AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SNOREMART MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE QUALITY, SAFETY OR EFFICACY OF ANY PRODUCT, INCLUDING THE DEVICE, AND/OR SERVICE THAT IS DISCUSSED, PROMOTED, OBTAINED, OR PURCHASED WITHIN OR VIA THIS SITE OR THE SNOREMART SERVICES WILL MEET YOUR EXPECTATIONS.
4. LIMITATION OF LIABILITY
SnoreMart also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or the SnoreMart Services, or your downloading of any materials, data, text, images, video, or audio from this Site
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In such jurisdictions, SnoreMart’s liability will be limited to the greatest extent permitted by law.
5. ERRORS AND SYSTEM UNAVAILABILITY
This Site and the SnoreMart Services may contain technical inaccuracies or typographical errors. SnoreMart may correct such inaccuracies or errors in its sole discretion. In addition, SnoreMart may schedule system downtime for maintenance and other purposes. In the event that any unplanned system outages occur, SnoreMart shall not be liable for the resulting unavailability of this Site and the SnoreMart Services or for any resulting loss of data or transactions.
For certain aspects of the Site or the SnoreMart Services, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you will not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify SnoreMart in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. SnoreMart may refuse to grant a particular username to you for any reason, including, without limitation, in the event SnoreMart determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.
8. USER CONTENT
The content posted by users via the Site (“User Content”) is the intellectual property of the specific users of the Site who post such User Content and their licensors, if any. SnoreMart does not claim any ownership rights in such User Content. By posting User Content via the Site, however, you hereby grant to SnoreMart a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content.
SnoreMart does not generally monitor or otherwise remove User Content after it is posted on the Site except under certain limited circumstances as required or permitted by law or otherwise in the sole discretion of SnoreMart. In the event you would like to request that SnoreMart remove your User Content from the Site, please contact SnoreMart at firstname.lastname@example.org Please note however, that if SnoreMart agrees, in its sole discretion to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following circumstances: (a) your User Content has been incorporated into derivative works or compilations created by SnoreMart or other parties; (b) such User Content has been retained in SnoreMart’s data backup systems or for archival purposes; or (c) to the extent such User Content has been sold to or downloaded by other persons and such persons retain your User Content.
9. COMMENTS AND FEEDBACK
SnoreMart welcomes any comments and/or feedback regarding this Site or the SnoreMart Services. However, SnoreMart will not treat such comments and/or feedback as propriety or confidential. By providing comments and/or feedback to SnoreMart, you are granting to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into this Site or the SnoreMart Services, or to otherwise use, any comments and/or feedback we receive from you. You hereby represent and warrant that, as between SnoreMart and you, you are solely responsible for the content and information contained in any comments and/or feedback you send to SnoreMart, including, but not limited to, its truthfulness and accuracy.
The Site may contain links to third party websites. Access to any such websites is at your own risk and SnoreMart is not responsible for the accuracy, availability or reliability of any goods, services or content thereon. SnoreMart is not liable for any injury, damage or loss arising from or related to your use of any such website. SnoreMart provides links to third party websites merely as a convenience and not as an endorsement.
12. APPLICABLE LAW
B. TERMS OF SALE
1. PRODUCT AVAILABILITY AND INFORMATION
Product availability on this Site is not guaranteed as it may be low in stock. In the event that any SnoreMart product is out of stock by the time we process your order, we will notify you by e-mail of such unavailability.
The prices displayed on this Site are quoted in U.S. dollars. Applicable shipping and handling charges and state and/or federal taxes are not included. For more information on pricing and ordering SnoreMart products through this Site generally, please refer to www.snoremart.com/order.
2. RETURN POLICY
3. SHIPPING AND PAYMENT
When you place your order, you can choose your shipping method. Expedited shipping can take approximately 1-7 business days, and Regular USPS shipping can take 1-2 weeks. If using a coupon code, please note that only one coupon code can be used per order.
We use the applicable countries’ most efficient means of postal service to deliver your item.
We will make commercially reasonable efforts to prepare your order within 1-2 business days and then ship it to you according to your chosen delivery method. Your overall expected delivery date will depend on the delivery method chosen. We reserve the right to change shipping carriers as needed.
You assume all responsibility of any goods F.O.B (i.e. upon pickup by your selected carrier).
We accept the following forms of payment: Visa, MasterCard, AMEX, Discovery Card or PayPal. Payments can be made online or by phone. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT SNOREMART, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify SnoreMart of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If SnoreMart does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SnoreMart or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
4. ORDER ACCEPTANCE
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. SnoreMart reserves the right at any time after receipt of your order to accept or decline your order for any reason. SnoreMart further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item, provided, however, that SnoreMart will not charge you for items not supplied. Your order will be deemed accepted by SnoreMart upon shipment of products. Title to goods and all risk of loss passes to you upon delivery to the common carrier.
5. PRESCRIPTION FOR DEVICE
If you are a resident of the United States, the United States Food and Drug Administration requires that you must have a valid prescription (“Prescription”) from a physician, dentist or other licensed health care provider for products that are FDA cleared. Accordingly, you expressly represent and certify that you have a valid Prescription for the FDA cleared products that you order. You further represent and warrant to SnoreMart that by placing an order for a FDA cleared product, the information you enter into the Site is valid, true and correctly matches your Prescription as provided by your licensed health care provider.
6. NOT MEDICAL ADVICE
C: HST Rental/Purchase and Consent Agreement
The following terms and conditions of rental/purchase shall apply to all patients/recipients (hereinafter “Recipient) using equipment (hereinafter “Equipment”) furnished by SnoreMart L.L.C. (hereinafter “SnoreMart”)
1. RESPONSIBILITY FOR PAYMENT: the Recipient agrees to accept full responsibility for payment of all monies due SnoreMart for rental, purchase and supplies associated with the use of the Equipment.
2. OWNERSHIP: The testing equipment shall remain the sole and exclusive property of SnoreMart or SnoreMart Affiliates.
3. USE: Recipient agrees that the Equipment shall be used solely by Recipient and solely for the purpose for which the Equipment is intended. Patients with a body mass index greater than 35, might need a lab based study. Recipient agrees to use the Equipment in compliance with all applicable statutes, ordinances, rules and regulations of any federal, state or local authority.
4. HOLD HARMLESS: Recipient agrees to save, hold harmless and indemnify SnoreMart against any and all liability or loss whatsoever resulting from the Recipients use of the Equipment.
5. LIMITATION OF REMEDIES: In no case shall SnoreMart be liable under any legal or equitable theory for any special, incidental or consequential damages, including, but not limited to, damages for personal injury, injury to other property or for loss of income.
6. DISCLAIMER OF WARRANTIES: Recipient acknowledges that SnoreMart makes no claim, warranties or representations regarding the suitability of the Equipment for testing. Recipient further acknowledges that SnoreMart assumes no responsibility for the success or failure or any treatment administered through the use of the Equipment. Recipient agrees that no employees or agents of SnoreMart or any other party are authorized to make any representations or warranties regarding the Equipment.
7. DEFAULT: The Recipient agrees to make all payment as required herein in the time and manner prescribed. In the event that Recipient fails to perform any or all the terms and conditions of this agreement, Recipient agrees that SnoreMart may take any action under any legal or equitable theory, including but not limited to the following:
a. Assess a late charge at the rate of 1.5% per month on any past due amounts;
b. Request that the Equipment be immediately returned to SnoreMart as provided above;
c. Exercise any other right or remedy granted SnoreMart pursuant to the terms of this agreement or pursuant to any laws of the state of Washington.
d. Balance bill against credit card and / or check provided at contract inception.
8. JURISDICTION & VENUE: This agreement shall be construed and enforced in accordance with the laws of the state of Texas. The venue for any suit or action to enforce any term or obligation of this agreement, specifically including any payment obligation, shall be, at the sole and exclusive option of SnoreMart in King County, Washington.
9. ATTORNEYS FEES AND COSTS: If this agreement is referred to any attorney or collection agency for collection, or if a suit or action is instituted by an attorney for SnoreMart to enforce any term of this agreement, Recipient shall pay all costs and attorney fees incurred by SnoreMart in pursuing such suit or action.
10. CHANGE OF STATUS: I will not release equipment to any other person or corporation, or transfer equipment or supplies to another location.
11. AUTHORIZATION FOR DISCLOSURE OF PROTECTED HEALTH INFORMATION: This authorization is valid until the 180th day after the date it is signed unless it provides otherwise, not to exceed 24 months, or unless it is revoked and covers only treatment(s) for the dates covering testing and treatment. I, the undersigned, have read and authorize the staff of SnoreMart LLC to obtain or disclose such information as herein contained. I have the right to revoke this authorization in writing at any time except to the extent that action has been taken in reliance upon it. I understand that when this information is used or disclosed pursuant to this authorization, it may be subject to re-disclosure by the recipient and may no longer be protected. I hereby release and hold harmless SnoreMart LLC , its affiliates, and designees from all liability and damages resulting from the lawful release of my Protected Health Information. Fees/charges will comply with all laws and regulations applicable to release of Protected Health Information..
12. ENTIRE AGREEMENT: This agreement sets forth the entire understanding between Recipient and SnoreMart. No provision in this agreement shall be changed except by amendment in writing, signed by all parties concerned.
D: Limited Product Warranty
How to Obtain Warranty Service
Exclusions and Limitations