STM Terms and Conditions
Terms and Conditions SleepTight Mouthpiece website January 14, 2017
TERMS & CONDITIONS
The terms and conditions set forth on this document (the 'terms') and in the instructions for use and care delivered with any product plus any written agreement executed by buyer and SleepTight Mouthpiece (STM) ("the Agreement") constitute the entire agreement between SleepTight Mouthpiece, by and on behalf of its subsidiaries and affiliates, SleepTight Mouthpiece and buyer and or User ("Buyer"). STM will not be bound by any additional or different terms on buyer's order or other documents that are inconsistent with these terms. The Buyer agrees to follow all instructions and warnings issued by STM posted on its website and in product descriptions. Acceptance by Buyer of these terms is made at the time of order submission. In all descriptions herein the Buyer and User are assumed to be the same person.
FDA NOTICE for the SleepTight Mouthpiece and other Snoring and Sleep Apnea Devices
The SleepTight Mouthpiece is an FDA Cleared intraoral device intended to be used for the treatment of snoring and mild to moderate obstructive sleep apnea in adults.
This device should not be used by persons with asthma, emphysema, COPD, central sleep apnea or severe respiratory disorders. If the user has or suspects any form of obstructive sleep apnea, he/she will consult with their medical provider regarding the supervision and use of this device.
If the user suspects that he has loose teeth, advanced periodontal disease, TMJ (Jaw joint pain) or other dental problems he/she will consult a dentist before using this device. A medical and or dental evaluation is recommended before using this device. Use of this device may cause temporary dental problems including increased salivation or possible mouth breathing. If the user experiences ongoing TMJ pain, gum irritation, bite problems, loose teeth or other dental problems he/she will discontinue use of the device and seek appropriate dental or medical help
The user understands that optimal performance of this device may require medical or dental supervision. The adult user of this device has or will read and comply with all product descriptions, directions, warnings, packing information, user agreements and other information supplied to user or available from this website regarding application and use of this device. The adult user of this device will truthfully complete the required health screening questionnaire and seek appropriate medical or dental assistance as prescribed and directed by the SleepTight health provider. If the user already has a prescription for this device, he/she will forward same to info@SleepTightMouthpiece.com for processing. All the above information is applicable to the SleepTight Mouthpiece and other oral appliances or devices available from the SleepTight website.
User agrees to watch the SleepTight fitting video located at: https://www.youtube.com/watch?v=UFwYn8QUsDY
Single Pack “Trial” Offer Details
With your order, you will be able to try SleepTight Mouthpiece for 30 days. The 30 day trial begins once you order your SleepTight Mouthpiece. You pay only $9.95 today and that includes the “Trial” shipping and processing. Trial costs are not refundable. Your shipment will include one SleepTight Mouthpiece, a travel case and instructions for using the SleepTight Mouthpiece. If you are satisfied, simply do nothing and 30 days after your purchase your credit card will be charged a one-time fee of $69.95. If you are unsatisfied for ANY reason whatsoever contact firstname.lastname@example.org for help. If we cannot help with your snoring, simply ship back your SleepTight Mouthpiece within the 30 day Trial and you will not be charged the balance.
Double Pack “Trial” Offer Details
With your order, you will be able to try SleepTight Mouthpiece for 30 days. The 30 day trial begins once you order your SleepTight Mouthpiece. You pay only $9.95 with your order which includes the shipping and processing. Trial offer shipping and processing fees are non-refundable. Your shipment will include two (2) SleepTight Mouthpieces, one travel cases and instructions. If you are satisfied with your purchase, simply do nothing and 30 days after your order, the credit card that you used will be charged a one-time fee of $77.95.
If you are unsatisfied for ANY reason whatsoever contact email@example.com for help. If we cannot help with your snoring, simply ship back your SleepTight Mouthpiece within the 30 day Trial and you will not be charged the balance.
Single Payment (if available)
With your order, you will be able to try SleepTight Mouthpiece for 30 days. One Time Purchase will include shipping and product cost. This may include single or multiple products.
If you are unsatisfied for ANY reason whatsoever contact firstname.lastname@example.org for help. If we cannot help with your snoring, simply ship back your SleepTight Mouthpiece within the 30 day Trial and your product cost excluding shipping of $9.95 will be refunded.
Other Promotional Offers
Certain “Limited Time” offers such as a double pack promotion or other products may be offered from time to time. Those details will be provided on that particular offer page. Those offers are not transferrable to future orders or orders made from other affiliated sites. These offers may not be available from all SleepTight promotions.
Buyer will submit orders for products and services through STM online ordering system located at http://sleeptightmouthpiece.com or other methods acceptable by STM. These Terms apply to all orders for products and services accepted by STM. Acceptance of Buyer's order by STM 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 STM until STM sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication. Buyer acknowledges responsibility for balance due regardless of form of payment used with transaction.
STM will normally process and ship via the United States Postal Service (USPS) First Class shipping within one-three business days of a completed order. Order submissions are determined to be complete only after the user agreement is successfully completed and payment is processed. An electronic invoice will be sent to the purchaser with details of each charge including, price, applicable sales tax and shipping charge and USPS Tracking if available.
USPS First Class
Standard shipping delivery usually requires 2-5 days for delivery.
USPS tracking is available for all orders purchased through http://SleepTightMouthpiece.com .
You agree that STM is NOT liable for any delay in shipping.
You agree and understand that shipping is done only thru the days of Monday thru Friday (excepting legal US holidays).
You agree that we will not refund any shipping costs for any item that has been sent to an incorrect address provided by the buyer or gift recipient.
PRIORITY MAIL EXPRESS 2 DAY
This service is not available from SleepTight.
Optional Vendor Shipping is available for the SleepTight Mouthpiece from: http://mouthguardstore.com
This service is not available from SleepTight.
Optional Vendor Shipping
For International shipping, purchase the SleepTight from: http://mouthguardstore.com.
USE OF THIS WEBSITE
STM reserves the right to modify any programs, policies, information, products and services offered by STM or contained on the STM 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 Florida, without regard to provisions on the conflicts of laws. Buyer and STM consent to the exclusive venue in, the state and federal courts of the State of Florida. Buyer shall not assign (a) any order for products and/or services placed through STM website or telephone ordering system, or (b) any interest in or any rights under such order, without the prior written consent of STM. These Terms, the Instructions for Use and Care and any Agreement constitute the entire agreement between STM and Buyer and supersede all previous communications, representations and agreements, whether oral or written, between Buyer and STM with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and STM. The failure by STM 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.
The STM Site may contain links to web sites that are not operated or controlled by SleepTight mouthpiece. These links are provided for your reference and convenience only and do not imply any endorsement of the activities of these third party web sites nor any association with their operators. By using the Site, you are agreeing to the collection, use, and disclosure of your personal information as described in this Online Privacy and Security Policy outlined above. If you do not consent to the collection, use, and disclosure of your personal information as described in this Online Privacy and Security Policy, you may not use our Site. We reserve the right to change this Online Privacy and Security Policy and any Privacy Notice, by posting the revised version of this Online Privacy and Security Policy on our Site from time to time. STM does not warrant that operation of STM online will be uninterrupted or free from errors, that defects will be corrected or that STM website or its server are free of viruses or other harmful components.
None of the sold products are intended for human consumption. The appliances and products purchased through the SleepTight Mouthpiece have specific uses and the Buyer and or User shall review all the indications, instructions, and warnings included with the product and on the product description located on the website. The Buyer shall ensure that use of the appliance occurs strictly in accordance with the instructions and any warnings on the label and website. All information appearing in STM documentation or on STM website is provided "AS IS" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. STM 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 and sold by STM. These devices are provided non-sterile.
PRODUCT WARRANTY, TECHNICAL HELP and RETURN INFORMATION
If you are not fully satisfied for any reason, you may return the SleepTight Mouthpiece within 30 days of purchasing the product.
Certain other devices offered by the SleepTight online store may not be returnable, if opened. Please see individual product descriptions on the product or website page for specific warranty information.
Most user concerns can be simply handled by reviewing the FAQs for the product. Our success rate is very good, so if you have a particular issue, we can probably help. You can contact our technical help at: email@example.com. Watching the entire fitting video will improve your success rate. LINK: https://www.youtube.com/watch?v=UFwYn8QUsDY
If we are unable to help with your issue, you may follow the return process as described below.
The Return procedure is a simple automated process that you can easily perform from your own computer. All returns require a return authorization number which is generated from the USPS Return Tracking Number which you supply.
Buyer Return Information
Please note: Most issues with the SleepTight are easily resolved by following the suggestions offered in the comprehensive FAQ. You will have to confirm you read this if you want to return your mouthpiece!
Your successful return of the mouthpiece will cancel any outstanding balance due if you made a Trial purchase or will allow a refund if applicable in the 30 day return period. The shipping and handling fees are not refundable. Return all contents of the original package.
You must obtain a Return Merchandise Authorization (RMA) number from SleepTight Mouthpiece for our system to process your return request. Having an RMA number does not guarantee you a successful return, as you must mail via USPS your product back before your trial period ends.
Follow these simple steps to return your SleepTight Mouthpiece
1. Create a shipping label from the USPS and obtain a valid USPS tracking number (you must ship with the USPS so we can confirm your return status).
- Note: you can buy and print the shipping label online by going directly to the USPS website or by using a PayPal account
This is the shipping address for your USPS label
P.O. Box 551122
Ft. Lauderdale, FL 33355
2. Get the RMA. Use your USPS tracking number and your SleepTight Mouthpiece order id (it was sent to you in an email when you purchased) and create an RMA on https://www.sleeptightmouthpiece.com/rma , complete the form and print out the RMA form
3. Mail all contents sent to you with your SleepTight Mouthpiece order along with the printed RMA paper and mail it before your trial period ends.
Following this process will automatically cancel any outstanding balance or allow a refund if applicable.
One Time Purchase
One time purchased products are eligible for a refund of the product costs excluding shipping to buyer, if the product is shipped back within 30 days of order. Buyer is responsible for shipping return costs. The return is only valid when the tracking number for your return has been accepted by the shipping carrier.
Trial Offer Purchase
Delayed product charges are cancelled, if the product is shipped back within 30 days of order.
After 30 days the final balance is charged to the buyer and NO refunds for the additional balance are made. No refunds are made for the Buyer’s original “Trial Offer” product promotional costs or shipping. Buyer is responsible for shipping return costs.
Credit Card Refund – Delay Charge Cancellation
Refunds are made to the Credit Card used for purchase usually at the end of each month.
Refunds are made for the amount of the product purchase only. No shipping or Trial offer costs are refundable. Even if notified before 30 days, no refunds can be processed, if return is never received or received after 60 days.
STM makes no other warranty, express or implied, with respect to the STM website or the products and services sold here under. STM expressly disclaims the implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
With your order, you will be able to try SleepTight Mouthpiece for 30 days. The 30 day trial begins once you order your SleepTight Mouthpiece. You pay only $62.91 USD in Bitcoin and that includes $9.95 for shipping and processing (shipping and processing fees are non-refundable). Your shipment will include the SleepTight Mouthpiece, travel case and instructions for how to use SleepTight Mouthpiece to help end your snoring. If you are satisfied with your purchase, simply do nothing. If you are unsatisfied for ANY reason whatsoever, simply ship back your SleepTight Mouthpiece within 30 days and you will be refunded $52.96 at the then price of Bitcoin on Coinbase. Contact: firstname.lastname@example.org for details on returns.
Buyer shall indemnify, defend, and hold harmless STM and its employees, agents, successors, officers, managers, members and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that STM 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, (e) the Buyer’s breach of any of its obligations set forth in these Terms, in the Instructions for Use and Care or in any Agreement, or (f) the User’s failure to comply with all stated device indications, warnings or responsibility requirements. STM will provide Buyer with: (i) prompt written notice of such claim of which STM 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 STM which shall not be unreasonably withheld.
LIMITATION OF LIABILITY
STM 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 STM 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. STM 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.
The STM website contains other third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in STM website including copyright, trademarks, trade secrets and patent rights are reserved. Access to the STM website does not constitute a right to copy or use any of the third parties’ intellectual property of STM or its suppliers. Statutory notice contained herein represents trademark status in the United States.
All materials contained on STM website are subject to the ownership rights of the SleepTight Mouthpiece. You may for personal or other learning purposes copy content. However, in no circumstances are you permitted to display the content for commercial use or claim ownership of the information or be subject to copyright infringement. 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.
All remarks, suggestions, ideas, graphics or other information communicated to STM will forever be the property of STM. Unless otherwise specified in writing, all material submitted to STM will be presumed to be public and STM will not be required to treat the information as confidential. STM 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 STM Terms and Conditions should be directed to email@example.com.