Terms and Conditions
Please read these terms carefully before using our services.
1. AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Apnea Sciences Corporation, doing business as SnoreMD ("we," "us," or "our"), concerning your access to and use of the snoremd.com website as well as any other media form, media channel, mobile website, or related, linked, or otherwise connected thereto (collectively, the "Site").
We are registered in Nevada, United States, and have our registered office at 2518 Anthem Village Drive #101, Henderson, NV 89052.
By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
2. MEDICAL DISCLAIMER
THE PRODUCTS AND INFORMATION ON THIS SITE ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
2.1 No Medical Advice
The contents of the Site, such as text, graphics, images, and other material contained on the Site ("Content"), are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
2.2 Sleep Apnea Warning
While SnoreMD is an anti-snoring device, sleep apnea is a serious medical condition. SnoreMD is not a cure or treatment for sleep apnea. If you suspect you have sleep apnea, you must consult a doctor. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
2.3 Product Suitability & Assumption of Risk
You acknowledge that you are responsible for determining whether our products are suitable for your specific needs. Use of the SnoreMD device should be strictly in accordance with the instructions provided with the product.
SPECIFIC DENTAL RISKS: You specifically acknowledge that the use of mandibular advancement devices (dental appliances) may cause side effects including, but not limited to, tooth movement, changes in dental occlusion (bite alignment), jaw soreness, temporomandibular joint (TMJ) obstruction or pain, and excessive salivation. By using the device, you voluntarily assume full responsibility for these risks. If you experience persistent pain, discomfort, or bleeding while using the device, discontinue use immediately and consult a healthcare professional.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information as necessary.
- You have the legal capacity and you agree to comply with these Terms and Conditions.
- You are not a minor in the jurisdiction in which you reside (generally under 18 years of age).
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Site for any illegal or unauthorized purpose.
- Your use of the Site will not violate any applicable law or regulation.
4. PRODUCTS AND PURCHASES
4.1 Product Availability
We reserve the right to limit the quantities of the products offered or available on the Site. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
4.2 Pricing and Payment
All prices are listed in US Dollars (USD) unless otherwise stated. We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
4.3 Sales Tax and Duties
We will collect sales tax in accordance with the applicable laws of the state or jurisdiction to which the order is shipped. For international orders (outside the USA), you are solely responsible for all duties, import taxes, VAT, and brokerage fees associated with the shipment.
5. RETURN AND REFUND POLICY
Please review our Return Policy, which is posted on the Site and is hereby expressly incorporated into these Terms and Conditions by reference.
5.1 Refund Policy
All sales are final. We do not offer refunds or exchanges for "change of mind" or satisfaction guarantees unless explicitly stated on the product page at the time of purchase. Please review your order carefully before confirming.
5.2 Processing
Refunds are processed to the original method of payment. Shipping and handling fees are generally non-refundable unless the return is due to a defect or an error on our part.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Ownership
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
6.2 License to Use
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.
7. PROHIBITED ACTIVITIES
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:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site.
- Engage in unauthorized framing of or linking to the Site.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
8. USER GENERATED CONTRIBUTIONS
8.1 License to Use
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
By posting Contributions (including product reviews and testimonials) to any part of the Site, or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, or by emailing us directly, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
8.2 Waiver of Moral Rights
You agree that your Contributions are not confidential. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We have no obligation to monitor your Contributions.
9. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.
10. SITE MANAGEMENT
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms and Conditions.
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions.
- Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
- Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
- Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
11. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.
12. TERM AND TERMINATION
These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION.
13. LIMITATION OF LIABILITY AND DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. 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.
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 OR THE PRODUCTS PURCHASED FROM THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MEDICAL DEVICE LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, APNEA SCIENCES CORPORATION SHALL NOT BE LIABLE FOR ANY INJURY, HARM, DENTAL DAMAGE, TMJ DISORDERS, OR DAMAGES RESULTING FROM THE MISUSE OF THE SNOREMD DEVICE, OR FAILURE TO FOLLOW THE INSTRUCTIONS PROVIDED.
Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Use of the Site or Products.
- Breach of these Terms and Conditions.
- Any breach of your representations and warranties set forth in these Terms and Conditions.
- Your violation of the rights of a third party, including but not limited to intellectual property rights.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 Governing Law
These Terms shall be governed by and defined following the laws of the State of Nevada, United States. Apnea Sciences Corporation and yourself irrevocably consent that the courts of Nevada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
15.2 Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by binding arbitration.
- The number of arbitrators shall be one.
- The seat, or legal place, of arbitration shall be Henderson, Nevada.
- The language of the proceedings shall be English.
15.3 Class Action Waiver
YOU AND APNEA SCIENCES CORPORATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Apnea Sciences Corporation agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.4 International Users
If you are a consumer in the European Union or the United Kingdom, you may benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions, including the governing law paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.
Australian Consumers: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
16. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
17. ELECTRONIC COMMUNICATIONS
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 that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
18. FORCE MAJEURE
We shall not be held responsible for delays or failure in performance resulting from causes beyond our reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
19. SEVERABILITY
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
20. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
SnoreMD (Apnea Sciences Corporation)
2518 Anthem Village Drive #101
Henderson, NV 89052
United States
Email: support@snoremd.com