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 MPowrx Health and Wellness 2012, Inc. ("Agreement") constitute the entire agreement between MPowrx Health and Wellness 2012, Inc., Inc., by and on behalf of its subsidiaries and affiliates, ("MPowrx Health and Wellness 2012, Inc.") and buyer ("buyer"). MPowrx Health and Wellness 2012, Inc. 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
- written acceptance
- use of MPowrx Health and Wellness 2012, Inc. online or telephone ordering system or
- receipt by buyer of delivery of any products from MPowrx Health and Wellness 2012, Inc., whichever first occurs.
- MPowrx™ will use reasonable efforts to include up-to-date and accurate information in this Site, but makes no representations, warranties, or assurance as to the accuracy, currency or completeness of the information provided. MPowrx™ shall not be liable for any damages or injury resulting from your access to, or inability to access, this Site, or from your reliance on any information provided at this Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MPowrx™ also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. MPowrx™ shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages resulting from use of or reliance on the information presented, loss of profits or revenues or costs of replacement goods even if informed in advance of the possibility of such damages.
- MPowrx™ MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE QUALITY, SAFETY OR EFFICACY OF ANY PRODUCT, INCLUDING THE DEVICE, AND/OR SERVICE THAT IS DISCUSSED, PROMOTED, OBTAINED, OR PURCHASED WITHIN OR VIA THE MPowrx™ WEBSITE, ITS SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS.
- MPowrx™ IS NOT LIABLE FOR ANY PERSONAL INJURY OR ILLNESS, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE MPowrx™ WEBSITE OR CONTENT OR BY ANY PRODUCTS, INCLUDING THE DEVICE. IN NO EVENT SHALL MPowrx™ BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT OR PRODUCTS, INCLUDING THE DEVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MPowrx™ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF MPowrx™ TO YOU SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO MPowrx™.
- Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as proprietary to and property of MPowrx™. Anything you transmit or post may be used by MPowrx™ for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, MPowrx™ will be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site or otherwise sent to MPowrx™ for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
- Images of people or places displayed on the Site are either the property of, or used with permission by, MPowrx™. The use of these images by you, or anyone else authorized by you is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- MPowrx™ has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
- The sender of any communications to this Site or otherwise to MPowrx™ shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
CHECKBOX BEFORE PURCHASE
By selecting the checkbox and completing your purchase, you agree to the following:
PRESCRIPTION FOR DEVICE
If you are a resident of the United States, the United States Food and Drug Administration requires that you must have a valid prescription (“Prescription”) from a physician, dentist or other licensed health care provider. Accordingly, you herewith acknowledge and agree that if you live in the United States, you hereby certify that you have a valid prescription for the device that you order. You represent and warrant to us by placing an order for a device that the information you enter into the Site is valid, true and correctly matches your prescription as provided by your healthcare practitioner. You understand that we will not fulfill your order for prescription device unless you have a valid prescription. You hereby consent to our contacting your healthcare provider, if necessary, to verify your prescription information and other necessary information. No Prescription is required if you are a resident of Canada, EU, Australia and all other countries listed on the Site (excluding United States of America).
Good Morning Snore Solution® 30-Day Satisfaction Guarantee
Our no-risk return policy means that you can order the device, test it out, and if you’re not fully satisfied, you can return the device for a full purchase price refund (excludes shipping/handling fee paid at time of purchase, and accessory add on's). Simply request a return within 30 days from date of delivery, then ship the item back to us following the easy steps below.
1) Send us an email at [email protected] requesting your return along with a brief description of your experience using the device. Please include your email used at time of purchase, along with your order number
2) We will issue an RMA (Return Merchandise Authorization) along with the returns center address that is closest to your geographic location. Please ensure your RMA is clearly displayed on the outer package before shipment so we can identify your package for quick processing.
Once we receive your return, we will issue a refund for the full purchase price of the device. We want our customers to be happy with our return process and we will try to exceed your expectations to make this happen!
SHIPPING AND PAYMENT
When you place your order, Regular Post shipping can take from 1-2 weeks. If using a coupon code, please note that only one coupon code can be used per order. On this site, including these Terms and Conditions, we use the applicable countries most efficient means of postal service to deliver your item.
We will prepare your order within 1-2 business days and then ship it to you according to your chosen delivery method. Your overall expected delivery date will depend on the delivery method chosen.
You assume all responsibility of any goods F.O.B (ie. upon pickup by your selected carrier). We accept the following forms of payment: Visa, Mastercard, AMEX, or PayPal. Payments can be made online or by phone.Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms and Conditions to determine your rights and liabilities as a cardholder. YOU, AND NOT MPowrx™, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify MPowrx™ of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If MPowrx™ does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MPowrx™ or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
PRICE MATCH GUARANTEE
How to match a Good Morning Snore Solution price that has been reduced (rollback, special buy, clearance, etc.): If an item previously purchased from goodmorningsnoresolution.com is now listed at a lower price, and the item was purchased within the last 30 days, contact Customer Care to receive an adjustment for the price difference.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
WHAT INFORMATION DO WE COLLECT?
The Company may collect various types of information from or about you depending on how you use the Site and its various features. In particular, during the ordering process and subscriber registration process, you supply us various types of information, including personal information that you choose to disclose, and information regarding how you use the Site, which we collect as you interact with our Site.
With respect to personal information, you may provide us with various types of information. Such information may include you and your name, address, telephone number, e-mail address, transaction information, as well as billing and payment information that you voluntarily provide to the Site. This information is generally entered into fields in the registration and subscription forms and enables you to take full advantage of the products and services that we offer. Should you purchase or use any Company products or services on or through the Site, the information that you supplied during the registration process may be used to track details about those purchases or use. We may collect email addresses from customers and visitors to the Site for the purpose of communicating with customers. If at any time you wish to be removed from the Company’s email database, you can request removal by contacting [email protected]. We reserve the right to contact you via postal mail, email or telephone strictly for the purpose of administering your account.
As with many other Web sites, the Web servers used to operate the Company Site collect certain data pertaining to you and the equipment and communication methods that you use to access the Internet and the Site. Without combining these data with other sources of information, they do not readily identify you. They do reveal such things as the Internet protocol (“IP”) address assigned to your computer, pages you accessed on the Site, or immediately prior to visiting the Site, and the length of time you accessed the Site.
This information is collected to, among other things, facilitate Site operation and system administration, to generate aggregate, non-identifiable statistical information, and to improve content and content delivery with regard to the Site and the materials, products and services that the Company makes available on the Site.
Cookies and Tracking Technologies
Cookies and similar technologies on our websites and our mobile applications allow us to track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Services. This allows us to provide you with more relevant product offerings, a better experience on our sites and mobile applications, and to collect, analyze and improve the performance of our Services. We may also collect your location (IP address) so that we can personalize our Services.
We hope the information below provides you with clear and comprehensive information about the technologies we use and the purposes for which we use them, but it you have any additional questions, or require any additional information, please contact us at [email protected].
What types of cookies, web beacons and similar technologies do we use and why
Our cookies, web beacons and similar technologies serve various purposes, but are generally either necessary or essential to the functioning of our sites, services, applications, tools or messaging, help us improve the performance of or provide you extra functionality of the same, or help us to serve relevant and targeted advertisements. More specifically:
Strictly Necessary or Essential: ‘Strictly necessary’ or “essential” cookies, web beacons and similar technologies let you move around the website and use essential features like secure areas and payment information. Without these technologies, services you have asked for cannot be provided. Please note that these technologies do not gather any information about you that could be used for marketing or remembering where you’ve been on the internet. Accepting these technologies is a condition of using our sites, services, applications, tools or messaging, so if you prevent these from loading we can’t guarantee your use or how the security therein will perform during your visit.
Performance: ‘Performance’ cookies, web beacons and similar technologies collect information about how you use our website e.g. which pages you visit, and if you experience any errors. These cookies do not collect any information that could identify you and is only used to help us improve how our website works, understand what interests our users and measure how effective our content is by providing anonymous statistics and data regarding how our website is used. Accepting these technologies is a condition of using our sites, services, applications, tools or messaging, so if you prevent these from loading we can’t guarantee your use or how the security therein will perform during your visit.
Functionality: These cookies, web beacons or similar technologies are used to provide services or to remember settings to improve your visit.
Advertising: First or third-party cookies and web beacons may be placed by our sites, applications, or tools, in order to deliver content, including product related advertisements, relevant to your specific interests on our sites or third-party sites. These technologies allow us to understand how useful our advertisements are, and improve the relevancy of the content delivered to our users.
We also utilize 3rd party service providers to assist us in delivering on the same functions, which means that our authorized service providers may also place cookies, web beacons and similar technologies on your device via our services (third party cookies). They may also collect information that helps them identify your device, such as IP-address, or other unique or device identifiers.
How to manage, control and delete cookies, web beacons and similar technologies
Internet browsers allow you to change your cookie settings. These settings are usually found in the ‘options’ or ‘preferences’ menu of your internet browser. In order to understand these settings, the following links may be helpful. Otherwise you should use the ‘Help’ option in your internet browser for more details.
- Cookie settings in Internet Explorer
- Cookie settings in Firefox
- Cookie settings in Chrome
- Cookie settings in Safari
If you wish to withdraw your consent at any time, you will need to delete your cookies using your internet browser settings.
More information about cookies
Useful information about cookies, including information about deleting or blocking cookies, can be found at: http://www.allaboutcookies.org
A guide to behavioral advertising and online privacy has been produced by the internet advertising industry which can be found at: http://www.youronlinechoices.eu
Information on the ICC (UK) UK cookie guide can be found on the ICC website section: http://www.international-chamber.co.uk/our-expertise/digitaleconomy
Gathering Personally-Identifying Information
Once you register with MPowrx™’s Web site and sign in to the Service, you are not anonymous to MPowrx™’s Web site.
When registering with MPowrx™’s Web site, you provide Personal Data, which may include company name, industry, number of employees, phone number, your title, city, state, country, zip code, a user name, confirmed email address, and a password.
MPowrx™’s Web site also may collect, at your option, certain preference and demographic information from you.
HOW DO WE USE THE INFORMATION THAT WE COLLECT?
All information collected by MPowrx™’s Web site is used for internal purposes of providing the Service, providing support to users, and to improve services. Aggregating non-identifying information supplied by users allows MPowrx™’s Web site to understand its user base and to improve services.
To protect your account information, please keep your password secure.
WE DO NOT COLLECT PERSONAL INFORMATION FROM CHILDREN
Children under 16 years old are not the target audience for the Site. To protect their privacy, we prohibit the solicitation of personal information from these children. If you are under the age of 16, please do not submit your email address or any other personal information to us through the Site.
MPowrx™’s Web site does not intentionally gather Personal Data about visitors who are under the age of 16.
We may create Anonymous Information records from Personal Information by excluding information (such as your name) that make the data personally identifiable to you. We reserve the right to use and disclose Anonymous Information at our discretion.
Protection of Certain Personally-Identifying Information
MPowrx™’s Web site discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that need to know that information in order to process it on MPowrx™’s Web site’s behalf or to provide services available at MPowrx™’s Web site’s website.
Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using MPowrx™’s Web site’s service, you consent to the transfer of such information to them. MPowrx™’s Web site will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, MPowrx™’s Web site discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when MPowrx™’s Web site believes in good faith that disclosure is reasonably necessary to protect the property or rights of MPowrx™’s Web site, third parties or the public at large.
DISCLOSURE FOR LEGAL PURPOSES
We reserve the right to disclose any personally identifiable information or other information we collect through the Site or otherwise if we are required to do so by law or if we reasonably believe that the disclosure is necessary in order to (a) fulfill a government request; (b) conform to the requirements of law or to comply with legal process served on us; (c) protect or defend our legal rights or property or third party licensors of any material on the Site; or (d) in an emergency to protect the health or safety of the users of the Site or the general public.
Changes and Deletion of Your Data
You may change some but not all of Your Personal Information in Your account by editing Your profile within Your account. You may contact MPowrx™’s Web site at any time at [email protected] if You would like MPowrx™’s Web site to delete your account and any associated data (other than Anonymous Information).
HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?
The Company places a high value on protecting information transmitted via this Site. For this reason, we use state-of-the-art security solutions to process payments and to provide secure communication methods. In addition, the Site is protected by a firewall that provides a high level of security. The Company takes commercially reasonable measures to secure and protect customer-specific information transmitted via or stored on our Site. However, no security system is impenetrable. We cannot guarantee that information users supply to us will be totally secure.
As the Company continues to grow and develop its business, it is possible that its corporate structure might change or that it might merge or otherwise combine with, or that substantially all of its assets might be acquired by, another company. In any such transactions, customer information generally is, will most probably be, and should be expected to be one of the transferred business assets.
WHAT CHOICES DO YOU HAVE?
You may update at any time the information about you and your personal preferences stored on the Site derived from your registration on the same. You may also ask us at any time to remove your name from our list of Site users who wish to receive electronic communications and e-mail advertisements from the Company and our affiliates by simply sending such a request to us at the numbers or addresses given below. Once you opt-out, we will honor your choice until you inform us otherwise.
WHO CAN YOU CONTACT FOR MORE INFORMATION?
The contents of this site, such as text, graphics, images, information obtained from MPowrx™ and other material (“Content”) contained on this website is for informational purposes only. The content has not been evaluated by the FDA or Health Canada and is not intended to be a substitute for professional medical advice, prevention, diagnosis or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. You should consult with your physician before undertaking any treatment described on this web site and MPowrx™ does not recommend self-management of one’s health care. Reliance on any information provided by or via the MPowrx™ website is solely at your own risk. Information obtained by using this site is not exhaustive and does not cover all diagnoses, ailments or physical conditions or their treatment or treatment options. The Content provided by MPowrx™ is compiled from numerous sources. MPowrx™ and its affiliates, directors, officers, employees, licensors, suppliers, agents and independent contractors, do not directly or indirectly practice medicine or provide medical services. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read on the MPowrx™ website. If you think you may have a medical emergency, call your doctor or 911 immediately. You are solely responsible for compliance with the laws applicable to your domicile.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. MPowrx™ reserves the right at any time after receipt of your order to accept or decline your order for any reason. MPowrx™ further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item, provided however, that MPowrx™ will not charge you for items not supplied. Your order will be deemed accepted by MPowrx™ upon shipment of products. Title to goods and all risk of loss passes to you upon delivery to the common carrier.
You agree to indemnify and hold harmless MPowrx™ and its parents, sister companies, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms and Conditions, or your violation of any law, regulation or third-party right.
You specifically acknowledge and agree that any and all agreements reached or contracts formed throughout the course of your purchase of products, including the Device, shall be governed by the laws of the Province of Alberta, Canada without regard for its conflicts of laws principles. In addition you agree that all disputes, controversies or claims arising out of or in connection with the MPowrx™ website and the products sold on the MPowrx™ website, including the Device, shall be submitted to and be subject to the jurisdiction of the courts of the Province of Alberta. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Alberta to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with this website.
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
BY AGREEING TO THIS DOCUMENT, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND THAT THE TERMS AND CONDITIONS WILL APPLY TO AND GOVERN ANY OF YOUR ORDERS OF PRODUCTS, INCLUDING THE DEVICE, FROM MPowrx™.