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Terms

Acceptance of Contract Terms

The following forms an agreement between you the website user or customer and Adaptive Airway Labs. By using this site you are acknowledging that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you do not agree to these terms, please do not use this site or the products herein. The material provided on this site is protected by law, including, but not limited to, United States Copyright Law and international treaties. Any claim relating to the use of this site, its materials and any sales thereunder shall be resolved by a mutually agreed upon mediator.

Product Claims, Risks and Intended Use

The Zen Eating product and the accompanying advice are not meant to cure, diagnose, prevent or treat any medical condition or disease.

The product and accompanying advice is meant to promote general wellness.  The statements and claims about our product, whether explicit or implicit,  have not been evaluated by the Food and Drug Administration.

The product is for use of adults over 21 only as is.  The product cannot be modified in any way and still be considered safe for use.  If the product is torn, cut or the bulb insert becomes loose, you agree to discard the product immediately.  The Zen Eating Sipper is intended for drinking water only and is preferably used under the guidance of a doctor or appropriate health practitioner.  The Zen Eating Sipper is for use in the mouth only and any object placed inside of the mouth or used for drinking can cause a gag reflex or even choking.  The customer is solely responsible for how far back they put the Zen Eating Sipper in the mouth and how they use the Zen Eating Sipper to perform oral exercises.  Sufferers of dysphagia should never use the product without the supervision of a doctor.

Use Restrictions

The copyright in all material provided on this site is held by Adaptive Airway Labs. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of Adaptive Airway Labs. Permission is granted to display, copy or distribute and download the materials on this site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions or upon the request of Adaptive Airway Labs. Upon termination you must immediately destroy any downloaded and printed materials. You also can not “mirror” any material contained on this site. Any unauthorized use of any material contained on this site may violate copyright laws, trademark laws, and various other regulations and statutes.

Intellectual Property

You agree not to reverse engineer or help facilitate the reverse engineering of the products on this website.  You agree any derivative works of the Zen Eating Sipper and its accompanying information are the sole property of Adaptive Airway Labs.  If you transfer the product or images of the product or its accompanying snoring advice to a third party that ultimately results in a copy or variation of the product or its accompanying information, you assume full financial responsibility for any and all damages to Adaptive Airway Labs.

The trademarks, service marks and logos (the “Trademarks”) used and displayed on this site are registered and unregistered Trademarks of Adaptive Airway Labs and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the written permission of the Trademark owner. Adaptive Airway Labs enforces its intellectual property rights to the fullest extent of the law. Adaptive Airway Labs prohibits use of the Adaptive Airway Labs logo as a “hot” link to the Adaptive Airway Labs site unless establishment of such a link is approved in advance by Adaptive Airway Labs in writing.

Disclaimer Warranty

THIS WEBSITE AND THE INFORMATION PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, Adaptive Airway Labs DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. Adaptive Airway Labs DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR PRODUCTS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Adaptive Airway Labs BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF Adaptive Airway Labs OR an Adaptive Airway Labs AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors

In the event a product is listed at an incorrect price due to a typographical error, entry error or error in pricing information received from our suppliers, Adaptive Airway Labs shall have the right to refuse or cancel any orders placed for said product(s). Although your credit card normally is not charged prior to shipping an order, if your credit card has already been charged for the purchase and the order is canceled Adaptive Airway Labs will immediately issue a credit to your credit card account in the amount of the incorrect price.

Order Acceptance Policy

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. Adaptive Airway Labs reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Sales Taxes

Adaptive Airway Labs withholds applicable sales tax for orders depending on the state where the order is delivered. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other location.

Transmissions

Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Adaptive Airway Labs or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to Adaptive Airway Labs will be handled in accordance with Adaptive Airway Labs’s Privacy Policy. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law.

Children’s Online Policy

Adaptive Airway Labs is committed to the preservation of online privacy for all of its web site visitors, including children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 13. Adaptive Airway Labs sells products intended for purchase by adults only. If you make a purchase on Adaptive Airway Labs, you are representing that you are an adult. If you are a child under the age of 13, you must ask your parent or guardian to assist you in using the Adaptive Airway Labs websites.

Term of Use Revisions

Adaptive Airway Labs may at any time revise these Terms of Use by updating this posting. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Order Cancellation

Email cancellations must contain the following: First name, last name, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to canceling your order. Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged and/or shipped out. In the event that a cancellation was submitted (via email or phone), and your order was shipped out after, we will gladly refund the complete balance charged including shipping. However, if the cancellation was documented as received after the order was shipped, we will refund the merchandise total less shipping and 20% restocking and disposal fee.