TERMS OF WEBSITE USE AND PRODUCT SALE

SnoreMart, Inc.

Welcome to SnoreMart.com (this “Site”). SnoreMart, Inc. (“SnoreMart”, “we”, “our” or “us”) provides access to this Site and the materials made available on or through this Site, including, but not limited to, all products, data, text, images, sounds, videos and other content (collectively, “SnoreMart Services”) subject to the terms and conditions set forth below (these “Terms of Use”).


BY ACCESSING THIS SITE AND USING SNOREMART SERVICES, YOU ARE ACKNOWLEDGING THAT (1) THESE TERMS OF USE CONSTITUTE AN AGREEMENT BETWEEN YOU AND SNOREMART, EVEN THOUGH THESE TERMS OF USE ARE ELECTRONIC, AND (2) YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE OR THE SNOREMART SERVICES.


A. TERMS OF USE.


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.

You agree to use this Site and the SnoreMart Services for personal, non-commercial use only. You may not (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute or otherwise commercially exploit or make this Site or the SnoreMart Services available to any third party, other than as expressly permitted by these Term of Use or (ii) try to use, or use this Site or the SnoreMart Services in violation of these Terms of Use.


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 IS NOT LIABLE FOR ANY PERSONAL INJURY OR ILLNESS, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THIS SITE OR THE SNOREMART SERVICES, INCLUDING ANY PRODUCTS OR DEVICES. IN NO EVENT SHALL SNOREMART BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, THE SNOREMART SERVICES, OR ANY PRODUCTS OR DEVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SNOREMART IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF SNOREMART TO YOU SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO SNOREMART IN THE PREVIOUS TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED PURSUANT TO THE AGREEMENT OF THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TERMS OF USE.

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.


6. INDEMNIFICATION


You agree to defend, indemnify and hold SnoreMart, its affiliates, subsidiaries, service providers, other end users, distributors, licensors, officers, directors, employees, agents and affiliates, harmless from and against any claims, actions or demands, including, but not limited to, reasonable legal and professional services fees, arising or resulting from your violation of any of these Terms of Use, any User Content (defined below) you post via your user account or the Site generally, or your violation of any law, regulation or third-party right or negligent actions in connection with your use of this Site. SnoreMart will provide you with notice of any such claim, suit, or proceeding.


7. ACCOUNTS


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 support@snoremart.com 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.

In the event that you post any User Content via the Site, you hereby represent and warrant to SnoreMart: (1) you are owner of such User Content or otherwise have the right to grant SnoreMart the licenses or assignments granted pursuant to these Terms of Use; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses or assignments; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true and accurate.


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.


10. LINKS


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.


11. PRIVACY POLICY


When you use this Site and the SnoreMart Services, you are also subject to SnoreMart’s Privacy Policy


12. APPLICABLE LAW


These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its choice of law rules. You and SnoreMart expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Seattle, Washington, for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.


13. SEVERABILITY


These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. BY ACCESSING AND USING THIS SITE AND THE SNOREMART SERVICES, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT THE TERMS OF USE WILL APPLY TO AND GOVERN YOUR USE OF THIS SITE AND THE SNOREMART SERVICES AND YOUR ORDERS AND USE OF ANY PRODUCTS FROM SNOREMART.


14. UPDATES TO TERMS OF USE


SnoreMart reserves the right to amend these Terms of Use periodically without notice to you. Any amendments to these Terms of Use will be considered effective immediately upon the date they are posted to this Site. If you have any questions or concerns regarding these Terms of Use, please contact us by e-mail at support@snoremart.com.

SnoreMart reserves the right to delete modify or supplement the content of this Site at any time for any reason without notification to anyone. SnoreMart may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound


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

  • Unopened products in Original Packaging
    • Full Refunds to original payment method

  • Used Products
    • Refund to Original payment method, less $15 disposal fee per product
    • Full Store Credit, disposal fee waived

Return Details & Instructions:
  • Must contact SnoreMart for an RMA number and return within 30 days
  • Credit can be redeemed for 1 year from issue date
  • Buyer pays for return shipping
  • Shipping costs are not credited
  • Email support@snoremart.com to receive an RMA number.
    • Write “Return” in the subject line and include the order number.
    • Explain the reason for requesting a return.
    • We will respond within 24­-48 hours during normal business hours.
    • Once you have obtained an RMA number, you may return your product to the following address:
SnoreMart Returns
15731 NE 8th Street, Unit 7447
Bellevue, WA 98008
  • Write the original order number and RMA number on the outside of the package.
  • You are responsible for return shipping costs.
  • Once we receive the returned product, we will contact you and issue the store credit or refund
  • Allow 14-21 days for processing credit to the original payment method

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


The content of this Site and the SnoreMart Services, including, but not limited to, text, graphics, images, information obtained from SnoreMart and other material (“Content”) is for informational purposes only. The Content has not been evaluated by the FDA and is not intended to be a substitute for professional medical advice, prevention, diagnosis or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. You should consult with your physician before undertaking any treatment described on this Site and the SnoreMart Services, and SnoreMart does not recommend self-management of one’s health care. Reliance on any information provided by or via this Site or the SnoreMart Services is solely at your own risk. Information obtained by using this Site is not exhaustive and does not cover all diagnoses, ailments or physical conditions or their treatment or treatment options. The Content is compiled from numerous sources. SnoreMart and its affiliates, directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately. You are solely responsible for compliance with the laws applicable to your domicile.


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

SnoreMart, Inc. ("SnoreMart") warrants to the original purchaser that your snore prevention product (the "Product") purchased from SnoreMart.com shall be free from defects in materials and workmanship under normal use for a period of 180 days from the date of purchase.

SnoreMart does not warrant that the operation of the Product will be uninterrupted or error-free. SnoreMart is not responsible for damage arising from failure to follow instructions relating to the Product's use.

SnoreMart does not warrant damage to the product due to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes, including dog bites.

Remedies

If a hardware defect arises and a valid claim is received by SnoreMart within the Warranty Period, SnoreMart will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. It is the buyers responsibility to ship the product back to SnoreMart. This Limited Warranty is valid only in the United States. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.


How to Obtain Warranty Service

To obtain warranty service, you must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by SnoreMart. In accordance with applicable law, SnoreMart may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.


Exclusions and Limitations

This Limited Warranty applies only to the Products sold by SnoreMart Inc. on the web site SnoreMart.com The Limited Warranty does not apply to any (a) SnoreMart products and services other than the Product.

This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of SnoreMart. In addition, this Limited Warranty does not apply: (a) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (b) to damage caused by operating the Product outside the permitted or intended uses described by SnoreMart.