This Purchase Agreement (“Agreement”) is a legally binding contract between you and C&D Research Group, LLC, d/b/a irollover.com (“C&D Research”, “we”, or “us”) and governs your purchase of any Product on our Site (each as defined below). Read the terms and conditions of this Agreement carefully before continuing. BY CHECKING THE “ACCEPT” BOX, YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU INDICATE YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE REGARDING YOUR ASSUMPTION OF RISK AND THE LIMITATION OF C&D RESEARCH’S LIABILITY. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, DO NOT CHECK THE “ACCEPT” BOX BELOW.
Capitalized terms used in this Agreement have the meanings ascribed to them in this Section.
“Documentation” means, collectively, all guides, protocols, and other reference materials generally furnished or made available by C&D Research with respect to a Product, whether in printed or electronic format, as may be updated by C&D Research from time to time.
“Product” means the iRollOver.com positional sleep aid made available through the Site.
“Site” means www.iRollOver.com and any other website operated by or on behalf of C&D Research.
- 2.Product Purchase and Shipment
2.1 Payment for Products must be made in advance, through the Site. Product prices do not include any taxes, shipping, handling, duty or other similar charges, payment of which will be your sole responsibility. C&D Research reserves the right to modify terms prior to shipment, require payment in advance, or delay or cancel any shipment or order by reason of your creditworthiness or should you fail to fulfill any obligation when due.
2.2 C&D Research may select a carrier in its sole discretion. Shipping charges may be constructed on the basis of standard carrier tariffs and may not reflect actual transportation costs. C&D Research’s responsibility for any loss or damage ends, and title passes, when Products are delivered by C&D Research to the carrier.
2.3 THERE ARE NO REFUNDS except as expressly described below in Section 3 (Warranty). Products are deemed acceptable by you unless you notify C&D Research in writing of any material defect within the Warranty Period (as defined below).
WARNING: FOR ADULT USE ONLY. KEEP OUT OF THE REACH OF CHILDREN. THIS PRODUCT CONTAINS A LITHIUM BATTERY, WHICH POSES A SIGNIFICANT HEALTH RISK AND MAY BE FATAL IF SWALLOWED.
WARNING: PERMANENT HEARING LOSS MAY OCCUR IF EARPHONE/EARBUD IS USED AT HIGH VOLUME. YOU MAY ADAPT OVER TIME TO A HIGHER VOLUME OF SOUND, WHICH MAY SOUND NORMAL BUT CAN BE DAMAGING TO YOUR HEARING. SET THE PRODUCT’S VOLUME TO A SAFE LEVEL BEFORE THAT HAPPENS. IF YOU EXPERIENCE RINGING IN YOUR EARS, REDUCE THE VOLUME OR DISCONTINUE USE OF THE PRODUCT.
WARNING: THE BELT MAY POSE A CHOKING HAZARD. IT SHOULD BE FITTED COMFORTABLY AROUND THE USER’S CHEST, AND SHOULD NOT BE USED IN ANY OTHER MANNER.
4.1 This Product is designed to reduce or eliminate snoring by influencing the body position of the user while the user is asleep. C&D Research expressly disclaims any warranty or guarantee that the product will be effective in reducing or eliminating snoring for every user.
4.2 If within one year from the date of purchase, this Product fails due to a defect in materials or workmanship, Your exclusive remedy under the foregoing warranty is limited, at C&D Research’s election, to any one of (a) refund of your purchase price for any Product confirmed by C&D Research to be in violation of this warranty, (b) repair by C&D Research or other party authorized by C&D Research of any such Product confirmed by C&D Research to be in violation of this warranty, or (c) replacement of any such Product confirmed by C&D Research to be in violation of this warranty.
4.3 This warranty is made by C&D Research and is limited to the original consumer purchasing the Product. The warranty does not apply to: (a) damage caused by accident, abuse, mishandling or dropping; (b) units that have been subject to unauthorized repair, opened or taken apart; (c) units not used in accordance with directions; and (d) damages exceeding the cost of the product. Some states do not allow a limitation of damages, so the foregoing limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This warranty service is available by mailing postage prepaid to the authorized service center listed below. Please be sure to wrap the product securely when mailing to avoid damage.
[C&D Research Group, LLC.
7501 Lemont Rd., Ste 300
Woodridge, IL 60187]
4.4 You acknowledge that, except as expressly stated above and subject to the limitations contained in Section 5, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (INCLUDING WITHOUT LIMITATION, IN ADVERTISING MATERIALS, SITE CONTENT, BROCHURES, OR OTHER DESCRIPTIVE LITERATURE) BY C&D RESEARCH OR ANY OTHER PERSON, EXPRESS OR IMPLIED, AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCT, INCLUDING BUT NOT LIMITED TO THEIR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
- 5.Proprietary Rights.
5.1 Embedded Software. Any software incorporated in a Product, is licensed to you, not sold, and all ownership rights in such software remain at all times with C&D Research and its licensors. You are granted a limited, non-exclusive license to use the software as incorporated in the Product. You may not modify, decompile, disassemble, or reverse engineer the software. C&D RESEARCH AND ITS LICENSORS RESERVE ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU HEREUNDER. Any third party software or other intellectual property included in or relating to the Products is supplied by its manufacturer or licensor. C&D Research makes no representation or warranty with respect to such third party software or intellectual property and will have no liability in connection therewith.
5.2 Suggestions. You hereby grant C&D Research a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, and perpetual right and license to copy, display, modify, distribute, transmit, and otherwise use or incorporate into the Site, Documentation, Product, or otherwise, any ideas, suggestions, enhancement requests, recommendations or other feedback that you provide to C&D Research.
- 6.Limitation of Liability.
6.1 Except for the warranty coverage referenced in Section 3, above, NEITHER C&D RESEARCH NOR ITS SUPPLIERS WILL HAVE ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PERSON, AND EXPRESSLY DISCLAIMS LIABILITY OR OBLIGATION, FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE CAUSED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY ANY ACTUAL OR PERCEIVED INADEQUACY OF ANY PRODUCTS, BY THE USE OR PERFORMANCE OF ANY PRODUCTS, OR BY ANY FAILURE OR DELAY IN C&D RESEARCH’S PERFORMANCE HEREUNDER. IN NO EVENT WILL C&D RESEARCH OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR LOSS OF BUSINESS OR PROFIT, WHETHER OR NOT C&D RESEARCH IS INFORMED OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF C&D RESEARCH OR ITS SUPPLIERS UNDER, RELATED TO OR ARISING FROM THIS AGREEMENT OR ANY TRANSACTIONS BETWEEN YOU AND C&D RESEARCH EXCEED THE AMOUNT PAID FOR THE PRODUCTS BY YOU IN SUCH TRANSACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6.2 C&D RESEARCH UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS. C&D RESEARCH ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU ARE BUYING THESE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THESE GENERAL TERMS AND CONDITIONS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, C&D RESEARCH EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY.
7.1 No Third Party Beneficiaries. Nothing in this Agreement is intended to create any rights in, or confer any benefits upon, any person or entity other than you and C&D Research.
7.2 Use of “Including”. Wherever the word “including” is used in this Agreement, it is not intended to limit the proposition preceding it, but is rather intended to mean “including but not limited to.”
7.3 Force Majeure. C&D Research will not be liable for any failure or delay in its performance or in the delivery or shipment of products, or for any damages suffered by you by reason of such failure or delay, when such failure or delay is caused by, or arises in connection with, any fire, flood, accident, riot, earthquake, severe weather, war, governmental interference or embargo strike, shortage of labor, fuel, power, materials or supplies, delay in delivery by C&D Research’s suppliers or any other cause or causes beyond C&D Research’s reasonable control. C&D Research reserves the right to cancel without liability any order, the shipment of which is or may be delayed for more than 30 days for reason of any such cause. C&D Research reserves the right to allocate in its sole discretion among customers or potential customers, or defer or delay the shipment of any products which is in short supply without any liability to you.
7.4 Governing Law; Dispute Resolution. This Agreement will be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to its principles regarding conflicts of law. The United Nation’s Convention on Contracts for the International Sale of Goods is expressly disclaimed. Except as expressly set forth below in this paragraph, all disputes arising out of or relating to this Agreement or your use of any Product will be determined exclusively by arbitration in Chicago, Illinois, before a single arbitrator. The arbitration will be administered by JAMS (www.jamsadr.com) in accordance with its Streamlined Arbitration Rules, and judgment on any award may be entered in and enforced by any court of competent jurisdiction. Notwithstanding the foregoing, you agree that C&D Research may file a lawsuit in a state or federal court situated in Chicago, Illinois if we seek any type of temporary or permanent injunction against you, or if we have a reasonable belief that you are infringing or misappropriating any of our intellectual property or other proprietary rights, and for the purpose of such lawsuit you hereby submit to the exclusive jurisdiction of state or federal courts situated in Chicago, Illinois.
7.5 Entire Agreement. This Agreement constitutes the sole and complete agreement between the parties with regard to the Products, and supersedes all prior and contemporaneous agreements, proposals, representations, warranties, or promises, whether written or oral, relating to the Products.
7.6 Severability. If any provision of this Agreement is adjudicated to be contrary to law, the provision will be modified and interpreted so as to best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
7.7 Manner of Giving Notice. All notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) the first business day after sending by email. C&D Research will send notices to the address you provide to C&D Research during your purchase of a Product. You agree to send notices to us at the following address: Attn: Customer Service Department, C&D Research Group LLC, 7501 Lemont Road, Suite 300, Woodridge, IL 60517.
8.A copy of this Purchase Agreement and General Terms and Conditions will be included in the Product package.
BY CHECKING THE “ACCEPT” BOX, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.