PLEASE READ THESE TERMS CAREFULLY. By accessing or using the website located at SleepSilent.com (the “Site”), you agree to be bound by the terms and conditions set forth below (the “Terms”).
PRIVACY POLICY: Your access to and use of the Site is also subject to our Privacy Policy, the terms of which are hereby incorporated by reference. By using the Site, you consent to the data practices described in our Privacy Policy.
If you do not wish to be bound by these Terms or our Privacy Policy, you may not access or use the Site.
Apnea Sciences Corporation d/b/a Sleep Silent (“Company,” “we,” “us,” or “our”) operates this Site to provide information regarding our anti-snoring mouthguard products. THIS SITE DOES NOT PROCESS DIRECT SALES. All purchases are facilitated through third-party retailers.
1. NO MEDICAL ADVICE; HEALTH DISCLAIMER
THE CONTENT ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
- FDA Disclaimer: THE STATEMENTS MADE ON THIS SITE REGARDING THESE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA). THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
- Specific Indication: Snoring can be a symptom of Sleep Apnea or other serious medical conditions. The Sleep Silent device is indicated for simple snoring only and is not intended to treat Obstructive Sleep Apnea (OSA).
- Consult a Physician: You should always consult with a qualified healthcare provider before using any anti-snoring device to ensure it is appropriate for your specific health needs.
- No Doctor-Patient Relationship: Use of this Site does not establish a doctor-patient relationship. Do not disregard professional medical advice or delay in seeking it because of something you have read on this Site.
- Emergency: If you think you may have a medical emergency, call your doctor or 911 immediately.
2. BUSINESS MODEL, PRODUCT LIABILITY & THIRD-PARTY SALES
2.1. No Direct Sales. SleepSilent.com is a marketing and informational platform. We do not sell products directly to consumers through this Site, nor do we collect payment information (credit cards, bank details) or handle order fulfillment, shipping, or returns.
2.2. Third-Party Retailers. When you click a “Buy Now,” “Purchase,” or similar link, you will be redirected to a third-party website, such as Amazon.com or other authorized retailers (collectively, “Third-Party Retailers”).
2.3. Release of Liability for Transactions. You acknowledge and agree that:
- Contracting Party: Your purchase transaction is governed solely by the Terms of Sale, Privacy Policy, and Return Policy of the Third-Party Retailer.
- Fulfillment: The Company is not responsible for shipping delays, lost packages, damaged goods, or order processing errors committed by the Third-Party Retailer.
- Returns and Refunds: All requests for refunds, returns, or exchanges must be directed to the Third-Party Retailer from whom you purchased the item.
2.4. Affiliate Disclosure. In compliance with Federal Trade Commission (FTC) guidelines, please be aware that links on this Site may be “affiliate links.” This means if you click on the link and purchase the item, we may receive an affiliate commission. This does not affect the price you pay.
2.5. Product Liability and Usage Instructions. While the Company manufactures the Sleep Silent device, the information provided on this Site is for general marketing purposes. You agree that your use of the product is subject strictly to the warnings, instructions, and safety guidelines provided on the physical product packaging and inserts included with the device. You acknowledge that the Site may contain marketing summaries or abbreviated descriptions. Strict adherence to the ‘Instructions for Use’ (IFU) included with the physical device is mandatory. The Company disclaims all liability for adverse events resulting from failure to follow the physical IFU, regardless of any content viewed on this Site.
3. INTELLECTUAL PROPERTY RIGHTS
3.1. Ownership. All content regarding the Sleep Silent brand, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of the Company or its content suppliers and is protected by United States and international copyright laws.
3.2. Trademarks. “Sleep Silent,” “Apnea Sciences,” and all related logos and marks indicated on our Site are trademarks or registered trademarks of Apnea Sciences Corporation. They may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
3.3. Limited License. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; or any use of data mining, robots, or similar data gathering and extraction tools.
4. ACCURACY OF INFORMATION
4.1. Product Descriptions. We attempt to be as accurate as possible. However, we do not warrant that product descriptions, instructional videos, or other content on this Site are accurate, complete, reliable, current, or error-free.
4.2. Site Modifications. We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
5. USER CONDUCT
By using the Site, you agree not to:
- Use the Site for any unlawful purpose or in violation of any local, state, national, or international law.
- Attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site.
- Interfere with or disrupt the operation of the Site or servers or networks connected to the Site.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
6. TESTIMONIALS AND REVIEWS
The Site may display testimonials, reviews, and endorsements of our products. These reflect the real-life experiences of individuals who have used our products. However, individual results may vary. We do not claim, and you should not assume, that any individual experience is typical. Testimonials are not necessarily representative of what anyone else using our products may experience.
By submitting any review, testimonial, or feedback to us (via email, social media, or otherwise), you grant the Company a perpetual, irrevocable, royalty-free, worldwide, and transferable license to use, reproduce, modify, adapt, publish, translate, and display such content in any media now known or later developed, for any purpose, including marketing and promotion.
7. DISCLAIMER OF WARRANTIES
PLEASE READ THIS SECTION CAREFULLY.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
MAXIMUM LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU TO A THIRD-PARTY RETAILER FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Apnea Sciences Corporation, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your access to the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your internet account. Notwithstanding the foregoing, this indemnification provision shall not apply to the extent that any loss, damage, or claim is the result of the Company’s own negligence, fraud, willful misconduct, or strict liability. This provision shall apply to the fullest extent permitted by applicable law.
10. GOVERNING LAW AND DISPUTE RESOLUTION
10.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.
10.2. Binding Arbitration. Any dispute or claim relating in any way to your use of the Site or products manufactured by Apnea Sciences Corporation shall be resolved by binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Clark County, Nevada.
To increase the efficiency of administration and resolution of arbitrations, you and the Company agree that in the event that there are one hundred (100) or more individual arbitrations of a substantially similar nature filed against the Company by or with the assistance of the same law firm, group of law firms, or organizations, the AAA shall (1) administer the arbitration demands in batches of 50 demands per batch (plus, to the extent there are less than 50 demands left over, a final batch consisting of the remaining demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch.
10.3. Class Action Waiver. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
10.4. Right to Opt-Out. You have the right to opt-out of this Arbitration Agreement and Class Action Waiver. To do so, you must send written notice of your decision to opt-out to the address listed in Section 14 within thirty (30) days of your first use of the Site.
11. ACCESSIBILITY STATEMENT
We are committed to making our website content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact our team (see Section 14). We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
12. GEOGRAPHIC RESTRICTIONS
The Site is controlled and operated by Apnea Sciences Corporation from within the United States. We make no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
13. ELECTRONIC COMMUNICATIONS
By using the Site, you consent to receive electronic communications from us, including via email. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
14. GENERAL PROVISIONS
- Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Site.
- Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
- Statute of Limitations: To the extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Force Majeure: The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Manufacturer Warranty: While financial transactions and initial returns are processed by the Third-Party Retailer, Apnea Sciences Corporation stands behind the quality of its manufacturing. Issues related to manufacturing defects (excluding fit/comfort issues) occurring after the Retailer’s return window may be eligible for replacement under our Limited Manufacturer Warranty, details of which are included inside your product packaging.
15. CONTACT INFORMATION
If you have any questions regarding these Terms, please contact us at:
Apnea Sciences Corporation (d/b/a Sleep Silent)
2518 Anthem Village Drive #101
Henderson, NV 89052
Email: [email protected]