Use of VitalSleep
VitalSleep is to be used only to help to reduce snoring. It is not intended to be used to treat any other sleep disorders. If you are concerned that you may suffer from another sleeping disorder, you should consult a medical doctor.A health questionnaire is given on the 2nd page of the checkout process to help determine if VitalSleep is suitable for you. The questionnaire must be successfully completed in it's entirety in order to place an order.
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.
Orders
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.Payment Methods
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 60 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.Indemnity
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.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.Customs and Taxes
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.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. By using this web site, you signify your agreement to the terms of us. If you do not agree to the terms of use, you must leave the website.
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.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
VitalSleep® (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@vitalsleep.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Fort Lee, New Jersey before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which VitalSleep®’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
