Prices, Taxes, Payment
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 Nusleep OTC LLC for any such
tax, fee or charge, at the time of sale or thereafter, that Nusleep OTC LLC is required to pay.
Terms of payment are Net 30 days unless otherwise stated at time of order and on confirmation.
In the event that payment is not received within the time period specified in the payment terms,
any unpaid balance shall bear interest at the rate of 1.5% per month, or the maximum amount allowed by law, if lower.
Returns
Return of the product by Buyer, will be accepted within 30 day of purchase. Upon receiving the Nusleep OTC; if you experience any difficulty then email us or schedule a face to face video chat.
Refunds
Refunds will only be provided to those who have allowed us to help rectify their concerns. Generally, the product must be returned to us before a refund is issued. We will provide the appropriate address and instructions if necessary.
Use of Product
The product sold by Nusleep OTC LLC is intended to control snoring and upper airway resistance.
Buyer acknowledges that in some cases snoring and airway obstruction may be a result of severe Obstructive Sleep Apnea that could require
Cpap/Apap treatment. If you are concerned that you may have a more serious disorder you should contact your physician. It is the Buyers responsibility
to seek medical treatment. If you have dental crown(s), cap(s), bridge(s), or the like, using the Nusleep OTC LLC may cause them to be loosen.
Thus, you may use this device at your own risk. The Nusleep OTC LLC Company shall not be liable for any damage, loss or liability of whatsoever
nature arising from the use or inability to use the Nusleep OTC LLC anti-snoring device. The Nusleep OTC LLC appliance is not intended to be used
as an anti-bruxism device. Excessive clenching or grinding could lead to weakness or even fracture of the device itself. While this is rare,
a part of the device could be swallowed, which will pass in the stool. Rarely, medical attention may be required. This product should be replaced
every two years to insure structural integrity.
Buyer shall review the instructions, and shall provide them to any third party authorized by Buyer to use products purchased 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;
and Buyer shall obtain assurances from such third party that the third party will at all times use the products strictly in accordance with
the instructions and any warnings on the labels of the products.
- 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.
- You agree that you do not have Obstructive Sleep Apnea or if you do then you are using the Nusleep OTC LLC device in conjunction with the knowledge and advice of a medical professional.
- You agree that you are not missing a significant number of teeth, nor have full dentures. You are not presently undergoing orthodontic treatment.
- 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 or crowns, poor dentition, oral abscesses, severe gum disease, periodontal disease, or other significant oral problems.
- 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.
- 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.
Indemnity
Buyer shall indemnify, defend, and hold harmless Nusleep OTC LLC. 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 Nusleep OTC LLC. 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, in the Instructions for Use and Care or in any Agreement.
Nusleep LLC OTC. will provide Buyer with:
(i) prompt written notice of such claim of which Nusleep OTC LLC. 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 Nusleep OTC LLC.,
which shall not be unreasonably withheld.
Warranties and Disclaimers
All information appearing in Nusleep OTC LLC’s documentation or on Nusleep OTC LLC’s website is provided “AS IS”
and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise.
Nusleep OTC LLC 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 Nusleep OTC LLC and services directly provided by Nusleep OTC LLC. Nusleep OTC offers a limited 30 day replacement of
defective device under usual use and ware and tear. NUSLEEP OTC LLC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED,
WITH RESPECT TO NUSLEEP OTC LLC’S WEBSITE OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. NUSLEEP OTC LLC EXPRESSLY
DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
NUSLEEP OTC LLC 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 NUSLEEP OTC LLC 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.
NUSLEEP OTC LLC’S 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.
