LIMITED PRODUCT WARRANTY AND RETURN POLICY
FOR SLEEPBIT DEVICE
LIMITED PRODUCT WARRANTY
SleepBit, LLC, formerly known as RPSGroup, LLC, (hereinafter referred to as “SleepBit, LLC”) warrants to the original purchaser that your SleepBit device (the “SleepBit Device”) shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase (the “Warranty Period”).
SleepBit, LLC does not warrant that the operation of the SleepBit Device will be uninterrupted or error-free. SleepBit, LLC is not responsible for damage arising from failure to follow instructions relating to the use of the SleepBit Device.
This warranty is valid only in the jurisdiction where SleepBit Devices are sold by SleepBit, LLC itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions.
REMEDIES AND REFUNDS
All SleepBit Devices are non-refundable unless there is a defect in materials and workmanship under normal use of the SleepBit Device that appears within the Warranty Period. If such defect arises and a valid claim is received by SleepBit, LLC within the Warranty Period, SleepBit, LLC will, at its own option and to the extent permitted by law, replace the SleepBit Device with a new one. In the event of a defect, to the extent permitted by law, this is your sole and exclusive remedy. Shipping and handling charges may apply except where prohibited by law. Any replacement hardware product will be warranted for the remainder of the original warranty period or for thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
HOW TO OBTAIN A WARRANTY SERVICE
To obtain a warranty service, you must notify SleepBit, LLC in writing and inform SleepBit, LLC of the particular defect. Additionally, if the SleepBit Device has been unopened and does not have its security seal broken, SleepBit, LLC requires that you return the SleepBit Device. However, if the SleepBit Device has been opened and the security seal broken, SleepBit, LLC does not require that you return the product and does not want you to do so. After receiving the notification, and if applicable, the SleepBit Device, if unopened and with the security seal in place, SleepBit, LLC will evaluate and process your request. In accordance with applicable law, SleepBit, LLC may require that you furnish proof of purchase details and/or comply with registration requirements before receiving the warranty service. If SleepBit, LLC decides that it will fulfill your warranty request, it will forward the request to its fulfillment processor who will provide you with a new SleepBit Device and ship such SleepBit Device in accordance with its standard practices. It is your responsibility to backup any data, software, or other materials that you may have stored or preserved during your use of the SleepBit Device. It is likely that such data, software, or other materials will be lost or reformatted after you request a warranty service, and SleepBit, LLC will not be responsible for any such damage or loss.
EXCLUSIONS AND LIMITATIONS
This warranty applies only to the SleepBit Device manufactured by or for SleepBit, LLC that can be identified by the SleepBit trademark, trade name, or logo affixed to it. The warranty does not apply to any (a) products or services other than the SleepBit Device, (b) any hardware product not part of the SleepBit Device, (c) consumables (such as batteries), or (d) software, even if packed or sold with the SleepBit Device or embedded in the SleepBit Device.
This warranty does not apply to a SleepBit Device or part of the SleepBit Device that has been altered or modified by anyone who is not a representative of SleepBit, LLC. In addition, this warranty does not apply to (a) damage caused by use with non-SleepBit products; (b) damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; (c) damage caused by operating the SleepBit Device outside the permitted or intended uses described by SleepBit, LLC or with improper voltage or power supply; or (d) damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of SleepBit, LLC. Recovery and reinstallation of software programs and user data are not covered by this warranty.
No SleepBit, LLC reseller, agent, or employee is authorized to make any modifications, extensions, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT FOR DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE OF THE SLEEPBIT DEVICE THAT FALL UNDER THE WARRANTY PERIOD, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SLEEPBIT, LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The SleepBit Device has not, and will not be FDA-approved. The SleepBit Device is not intended to diagnose, treat, cure, or prevent any disease. The SleepBit Device is designed for use by multiple individuals and has not been custom designed for any particular individual. As such, the SleepBit Device may perform or work differently for every individual using said device. Aside from defects in the materials and workmanship under the normal usage that fall under this warranty period, we make no warranty that the SleepBit Device will meet the specific requirements of an individual, or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the accuracy, quality, timeliness, truthfulness, completeness, or reliability of the SleepBit Device, or any information generated and received from the SleepBit Device. SleepBit, LLC simply warrants that the device will be free from defects in materials and workmanship under the normal use of the SleepBit Device.
LIMITATION OF DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SLEEPBIT, LLC SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE, OR DATA RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF SLEEPBIT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
USE THE SLEEPBIT DEVICE AT YOUR OWN RISK
Our goal is to provide helpful information through the use and access of the SleepBit Device. We make no endorsement, representation, or warranty of any kind about any, information, services, or recommendations learned about through the use of the SleepBit Device. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information the SleepBit Device generates or provides to you. If you rely on the accuracy, reliability, effectiveness, or correct use of any information the SleepBit Device generates or provides to you, you agree to do so at your own risk and SleepBit, LLC is not responsible for any damages associated with your reliance on said information.
THE SLEEPBIT DEVICE IS A RISK ASSESSMENT DEVICE
The SleepBit Device has not, and will not be, FDA-approved. The SleepBit Device is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease. The SleepBit Device is intended to serve as a tool to help individuals make an informed decision about whether to seek medical treatment regarding possible abnormal airflow during sleep. You are using the SleepBit Service and SleepBit Device at your own risk and are voluntarily participating in the use. If you experience a medical emergency while using the SleepBit Device, stop using the SleepBit Device and consult a medical professional. We are not responsible for any health problems, diseases, or consequences that may result from any programs, consultations, products, or other treatment options you learn about through the SleepBit Device. If you engage in any program or receive treatment that you learn about through the SleepBit Service or SleepBit Device, you agree to do so at your own risk and are voluntarily participating in these activities.
This warranty shall be governed by the laws of the State of Oklahoma, the United States, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.