Usage of our products does not guarantee any outcomes. Users Results may vary. ByeByeSnoring.com products addresses simple snoring and does not treat or cure any medical condition.
THE TERMS AND CONDITIONS SET FORTH ON THIS FORM (THE ‘TERMS’), IN THE INSTRUCTIONS FOR USE AND CARE DELIVERED WITH ANY PRODUCT AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND BYEBYESNORING.COM CONSTITUTE THE ENTIRE AGREEMENT BETWEENBYEBYESNORING.COM, BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, (“WWW.BYEBYESNORING.COM/BYEBYESNORING/BYE BYE SNORING/Store.byebyesnoring.com”) AND BUYER (“BUYER”). WWW.BYEBYESNORING.COM WILL NOT BE BOUND BY ANY ADDITIONAL OR DIFFERENT TERMS ON BUYER’S ORDER OR OTHER DOCUMENTS THAT ARE INCONSISTENT WITH THESE TERMS. ACCEPTANCE BY BUYER OF THESE TERMS MAY BE MADE BY 1) WRITTEN ACCEPTANCE, 2) USE OF WWW.BYEBYESNORING.COM’S ONLINE OR TELEPHONE ORDERING SYSTEM OR 3) RECEIPT BY BUYER OF DELIVERY OF ANY PRODUCTS FROM WWW.BYEBYESNORING.COM, WHICHEVER FIRST OCCURS.
ORDERS
Buyer will submit orders for products and services through WWW.BYEBYESNORING.COM’s online ordering system for anti-snoring devices, located on the World Wide Web at WWW.STORE.BYEBYESNORING.COM. These Terms apply to all orders for products and services accepted by WWW.BYEBYESNORING.COM. Acceptance of Buyer’s order by WWW.BYEBYESNORING.COM will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Buyer’s order, these Terms shall govern. No order shall be binding upon WWW.BYEBYESNORING.COM until WWW.BYEBYESNORING.COM sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication.
PRICES, TAXES & PAYMENTS
All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction. All prices presented on the site are subject to change at any time and without notice. Buyer will reimburse WWW.BYEBYESNORING.COM for any such tax, fee or charge, at the time of sale or thereafter, that WWW.BYEBYESNORING.COM is required to pay.
RETURNS, CHANGES AND CANCELLATIONS
Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to WWW.BYEBYESNORING.COM’s then-existing return, change and cancellation fees which can be found by clicking here. Upon the request of Buyer, WWW.BYEBYESNORING.COM will use commercially reasonable efforts to inform the Buyer of the return, change, and cancellation policies existing at the time of Buyer’s request. WWW.BYEBYESNORING.COM reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Buyer. Buyer agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns.
SECURITY INTEREST
The products sold by WWW.BYEBYESNORING.COM are not intended for human consumption. Buyer acknowledges that the products may not have been tested for safety and efficacy in commercial use and products does not treat or cures any medical condition.
INDEMNITY
Buyer shall indemnify, defend, and hold harmless WWW.BYEBYESNORING.COM and its employees, agents, successors, officers, managers, members, president and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that BYEBYESNORING.COM may sustain or incur arising from (a) Buyer’s improper use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) 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 or in any Agreement. BYEBYESNORING.COM will provide Buyer with: (i) prompt written notice of such claim of which BYEBYESNORING.COM is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of BYEBYESNORING.COM, which shall not be unreasonably withheld.
WARRANTIES AND DISCLAIMERS
All information appearing in WWW.BYEBYESNORING.COM’s documentation or on WWW.BYEBYESNORING.COM’s website is provided “AS IS” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. WWW.BYEBYESNORING.COM provides no warranty with respect to the contents of its documents or website or with respect to the products and/or services sold hereunder, except those products directly manufactured by WWW.BYEBYESNORING.COM and services directly provided by WWW.BYEBYESNORING.COM. For products not directly manufactured by WWW.BYEBYESNORING.COM and services not directly provided by WWW.BYEBYESNORING.COM, Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products or provider of those services to the extent such “pass-through” warranties are available. Upon the request of the Buyer, WWW.BYEBYESNORING.COM will use commercially reasonable efforts to inform the Buyer of the warranty policy of a particular manufacturer or service provider, or to direct Buyer to a source of such information. WWW.BYEBYESNORING.COM MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO WWW.BYEBYESNORING.COM’S WEBSITE OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. WWW.BYEBYESNORING.COM EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WWW.BYEBYESNORING.COM DOES NOT WARRANT THAT OPERATION OF WWW.BYEBYESNORING.COM ONLINE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT WWW.BYEBYESNORING.COM’S WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
WWW.BYEBYESNORING.COM SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR 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 BYEBYESNORING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. BYEBYESNORING.COM TOTAL LIABILITY UNDER ANY AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE.
GENERAL
WWW.BYEBYESNORING.COM reserves the right to modify any programs, policies, information, products and services offered by WWW.BYEBYESNORING.COM or contained on WWW.BYEBYESNORING.COM’s website at any time and without notice to Buyer. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of New Jersey, without regard to provisions on the conflicts of laws. Buyer and BYEBYESNORING.COM consent to the exclusive venue in, the state and federal courts of the State of New Jersey. Buyer shall not assign (a) any order for products and/or services placed through WWW.BYEBYESNORING.COM’s website or telephone ordering system, or (b) any interest in or any rights under such order, without the prior written consent of WWW.BYEBYESNORING.COM. These Terms and any Agreement constitute the entire agreement between WWW.BYEBYESNORING.COM and Buyer and supersede all previous communications, representations and agreements, whether oral or written, between Buyer and WWW.BYEBYESNORING.COM with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and WWW.BYEBYESNORING.COM. The failure by WWW.BYEBYESNORING.COM to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. If any provision of these Terms 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, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms.
Specific Provisions Regarding Use of WWW.BYEBYESNORING.COM’s Website
ACCESS AND USE OF INFORMATION
Access to this site is limited to viewing the linked pages solely for legitimate business purposes to access the information provided by WWW.BYEBYESNORING.COM at this site. Any access or attempt to access other areas of the WWW.BYEBYESNORING.COM computer systems or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this site other than in connection with a legitimate business purpose.
ACCURACY OF INFORMATION
The information on WWW.BYEBYESNORING.COM’s website is believed to be complete and reliable; however, the information may contain typographical errors, other inadvertent errors or inaccuracies. WWW.BYEBYESNORING.COM reserves the right to make changes to any content or information without obligation to issue any notice of such changes.
COPYRIGHT
WWW.BYEBYESNORING.COM does not authorizes you to make copies of the content herein. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.
SUBMISSIONS
All remarks, suggestions, ideas, graphics or other information communicated to WWW.BYEBYESNORING.COM will forever be the property of WWW.BYEBYESNORING.COM. Unless otherwise specified in writing, all material submitted to WWW.BYEBYESNORING.COM will be presumed to be public and WWW.BYEBYESNORING.COM will not be required to treat the information as confidential. WWW.BYEBYESNORING.COM shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.
QUESTIONS REGARDING TERMS AND CONDITIONS
Any questions regarding WWW.BYEBYESNORING.COM‘s Terms and Conditions should be directed to WWW.BYEBYESNORING.COM at support@byebyesnoring.com.