Terms |
Terms and Conditions
Thank you for visiting the www.Dormanex.com website
(“Website”). The Site is an Internet property of Life Labs International LLC
("Life Labs," "we" or "us"). You agree to the
following Website Terms and Conditions (“Terms and Conditions”), in their
entirety, when you: (1) access or use the Website; (2) submit an application to
become a Dormanex SR® member (“Charter Member (CM)” or "Perfect Price
Protection Plan (PPPP)"); and/or (3) purchase products or services offered
on our Website ( “Online Products”). The Dormanex SR® Privacy Policy (“Privacy
Policy”) and any and all other applicable Dormanex SR® operating rules,
policies, price schedules and other supplemental terms and conditions or
documents that may be published from time to time, are expressly incorporated
herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms
and conditions contained within the Agreement in its entirety, you are not
authorized to use the Website in any manner or form whatsoever.
We take chargebacks very seriously please click link to view
charge back policy.
Dormanex SR® IS NOT A COVERED ENTITY FOR PURPOSES OF THE
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE
INFORMATION PROVIDED BY YOU TO Dormanex SR ® CONSIDERED PROTECTED HEALTH
INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY
PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY,
NOR CONTAINED WITHIN, THE AGREEMENT.
The information presented on the Website is provided for
informational purposes only and is in no way intended as a substitute for
professional medical advice, diagnosis or treatment. Warning: Adult use only - keep out of reach of children. This product
is not to be taken by pregnant or lactating women. If you are taking any drug
product or have a condition for which you have sought assistance from a
physician, consult with such a person before using this product. Do not use in
conjunction with alcoholic beverages, when driving a vehicle, or while
operating machinery. If sleeplessness persists continuously for more than 2
weeks, consult your physician. Store at 60°F to 78°F in a dry place. Keep away
from light. Pictures in real stories/testimonials may not be actual pictures to
protect identity.
I understand the
statements regarding these products have not been evaluated by the Food and
Drug Administration. This product is not intended to diagnose, treat, cure or
prevent any disease.
Customer Satisfaction
Guarantee: Dormanex SR® has a 100% customer satisfaction guarantee. We
absolutely know you are going to love this life changing product. The Inventor
of Dormanex SR® spent years with a team of the top natural scientists to
develop the most advanced and effective natural sleep aid on the market today
using a revolutionary mint flavored strip. If you try Dormanex SR® and are not
100% completely satisfied return it within 14 days for a full refund less
shipping and handling (Other charges may apply). This is the Dormanex SR® 100%
customer satisfaction guarantee. Dormanex SR® is now helping thousands of
people get the sleep they have been dreaming of and our goal is to help the
whole world. With Dormanex SR® you will fall asleep faster, sleep through the
night and wake up feeling refreshed. Getting the proper sleep each night can
help you feel great and live a better life.
1. Acceptance of
Agreement. You agree to the terms and conditions outlined in the Agreement
with respect to your use of the Website including, but not limited to, your
submission of applications to become a Member and/or your purchase of Online
Products. The Agreement constitutes the entire and only agreement between you
and Life Labs International LLC with respect to your use of the Website and
supersedes all prior or contemporaneous agreements, representations, warranties
and/or understandings with respect to your use of the Website, the content
contained therein and/or the analyses, research, opinions and other information
provided by or through the Website. Life Labs International LLC may change the
Agreement, in whole or in part, at any time without specific notice to you. The
latest Agreement will be posted on the Website. Your continued use of the
Website following posted notice constitutes your acceptance of all of the terms
and conditions contained within the Agreement in effect at that time.
Therefore, you should regularly check this page for updates and/or changes.
Unless explicitly stated otherwise, any future offer(s) or product(s) made
available to you on the Website that augment(s) or otherwise enhance(s) the
current features of the Website shall be subject to the Agreement. You
understand and agree that Life Labs International LLC is not responsible or
liable in any manner whatsoever for your inability to use the Website and/or
obtain any Online Products.
2. Requirements.
The Website, CM and/or the Online Products offered are available only to
individuals that are at least eighteen (18) years of age and that can enter
into legally binding contracts under applicable law.
3. Application
Process. In order to obtain Online Products and/or become a Member, you
must first submit the applicable application form (“Application”) to Dormanex
SR® for review and initial approval. Dormanex SR® reserves the right, in its
sole discretion, to deny the Application of anyone at any time and for any
reason, whatsoever. The registration data that you must supply on the Website
in order to obtain Online Products may include, without limitation: (a) your
full name; (b) mailing address; (c) e-mail address; (d) phone number; (e)
credit card information; (f) date of birth; and/or (g) any other information
requested by us on the applicable form (collectively, “Registration Data”). You
agree to provide true, accurate, current and complete Registration Data, as
necessary, in order to maintain it in up to date and accurate fashion. Dormanex
SR® will verify and approve all Applications in accordance with its standard
verification procedures.
4. Copyright and
Trademarks. "Dormanex SR ®" and all logos, page headers, custom
graphics and icons are trademarks and/or service marks owned by [Life Labs
International LLC]. All other trademarks, product names, company names and
logos appearing on the Website are the property of their respective owners. The
Website contains information, data, software, photographs, graphics, videos,
text, images, typefaces, sounds and other material (collectively
"Content") that are protected by copyrights, trademarks or other
proprietary rights, and these rights are valid and protected in all forms,
media and technologies existing now or developed in the future. All Content is
copyrighted as a collective work under the
5. Orders/Billing.
In consideration for the Online Products you receive from Dormanex SR®, you
agree to pay the Fees (as defined below).
Free $100 sleep kit
gift: Where Dormanex SR® offers its “Free Trial” Promotion and you have
chosen to register for such Promotion, upon submitting your initial Dormanex SR®
Application the Active Credit Card will be charged only the non-refundable
Shipping and Handling for your initial fourteen (14) day trial CM (“Trial CM”)
and you will receive a 14 day supply of Dormanex SR® and the professional sleep
kit which includes our Dormanex Dreams DVD, Professional Sleep Mask, Exclusive
Sleep Tip Guide and Norwegian ear plugs. After the 14 day trial period, if you
are happy with Dormanex and do not cancel, we will ship you a (6) Month Super Saver
supply of Dormanex SR®. Each
one month supply of Dormanex SR® is just $23.23 or a very
reasonable 77¢ per day! If you find that Dormanex SR® is not for you, simply
contact us and cancel within the 14 day trial period. Bottom line, Dormanex SR®
works! It will become an important part of your active lifestyle.
If you do not cancel your CM as set forth in Section 6 herein below, within fourteen (14) days of your receipt of the Free $100 Sleep Kit, your Active Credit Card will be charged the 6 Month CM fee of one hundred and thirty nine dollars and thirty-eight cents known as (“6 Month Dormanex SR® Supply”) plus Nineteen dollars and ninety seven cents shipping and handling. Your additional 6 Month Dormanex SR® supplies will be billed and shipped starting one hundred and twenty (120) days from the order date of your initial “Free $100 Sleep Kit”. Thereafter, for as long as your CM remains active, your Active Credit Card will be charged for the “6 Month Dormanex SR® Supply” on a one hundred and twenty (120) day basis, plus Shipping and Handling, for your ongoing CM. If you decide to cancel your CM and return your package, which must be received by us before the next charge is scheduled to come off, you will not be charged for the “6 Month Dormanex SR® Supply” going forward.
If you received a pre-shipment 6 Month Dormanex SR® Supply as per our earlier promotion then to cancel you must return the 6 Month Dormanex SR® Supply at your expense, which must be received by us, within (14) fourteen days of your receipt date, or your active credit card will be charged the 6 Month CM fee (see paragraph above).
As an active CM, if you are not satisfied with Dormanex SR®
for any reason, and you cancel your CM as set forth in Section 6 below and
return the package, which must be received by us, within fourteen (14) days of
the date that your most recent six (6) month supply of Dormanex SR® was
shipped, you will be refunded any and all “6 Month Dormanex SR® Supply” fees
that you have paid for all unused portions of such supply (“14 Day Guarantee”).
All unused portions returned to us as part of the 14 Day Guarantee shall be
shipped at your cost. Any and all Shipping and Handling shall remain
non-refundable. There will be a restocking fee of $5.95 on each box of Dormanex
SR® that is returned. All refunds associated with the 14 Day Guarantee shall be
credited to your Active Credit Card on file.
For so long as your CM remains active, the “6 Month Dormanex
SR® Supply” will accrue one hundred and twenty (120) days later from the
previous ship date, and you will be required to pay the “6 Month Dormanex SR®
Supply” for the CM. You hereby authorize Dormanex SR® (or its partners,
affiliates and/or agents) to charge your Active Credit Card all such fees
associated with CM every one hundred and twenty (120) days. You acknowledge and
agree that Life Labs International, LLC will not obtain additional
authorization from you for each installment of the 6 Month Dormanex SR® Supply
charged to your Active Credit Card. All Fees are payable in
If for any reason when we bill you , your credit card cannot
hold the 6 Month Dormanex SR® Supply charge, then we reserve the right to
charge your credit card, half payment now and half payment at a later date (this
may be as soon as the following week) or at our option, we may bill you half
and send you a 3 Month Dormanex SR® Supply. We may also at our option only bill
you for and send you a 1 Month Dormanex SR® Supply at the 1 Month price.
Where CM fails to make any scheduled payment for accrued
Fees, such overdue amounts will be subject to interest charges in the amount of
one and one half percent (1.5%) per month, compounded monthly. Your CM may be
deactivated for non-payment of Fees. Dormanex SR® authorization to provide and
bill its Member Services is obtained by way of your electronic signature. Once
an electronic signature is submitted, this electronic order constitutes an
electronic letter of agency. Dormanex SR® reliance upon your electronic
signature was specifically sanctioned and written into law when the Uniform
Electronic Transactions Act and the Electronic Signatures in Global and
National Transactions Act were enacted in 1999 and 2000, respectively. Both
laws specifically preempt all state laws that recognize only paper and
handwritten signatures.
2. Standard Pricing: Unless you have chosen the Free $100
Sleep Kit, upon submitting your initial Dormanex SR® Application, your active
credit card will be charged the applicable one-time fee plus Shipping and
Handling and you will not be enrolled as a CM.
6. Cancellation of
Dormanex SR® CM. You may cancel your CM at any time if you are not
completely satisfied with Dormanex SR®. To cancel your CM at any time, you must
contact Dormanex SR® customer services by doing one of the following: (1)
contacting us via telephone at (877)-210-REST; (2) contacting us via email at
cancellations@dormanex.com ; or (3) accessing our live help option available on
the Website 24/7. Please have your e-mail address and other Registration Data
available for efficient processing of your cancellation order. However, unless
you are canceling pursuant to the 60 Day Guarantee as set forth hereinabove, we
will not refund any amounts previously paid up to the date of cancellation or
termination, you shall not receive any pro-rata refund for partial months and
you remain liable for any and all unpaid charges billed by Dormanex SR®. You
understand and agree that cancellation of your CM is your sole right and remedy
with respect to any dispute with Dormanex SR®. Upon any termination and/or
cancellation of your CM, your license grant, as set forth in Section 8
hereinbelow shall immediately terminate.
7. License Grant.
As a user of the Website, you are granted a non-exclusive, non-transferable,
revocable and limited license to access and use the Website. Life Labs
International, LLC may terminate this license at any time for any reason.
Unless otherwise expressly authorized by Dormanex SR®, as a visitor to the
Website, you may only use the Website and its Content for your own personal,
non-commercial use. No part of the Website including, but not limited to, the
Content, may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical. You may not use, copy, emulate,
clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or
transfer the Website, Content, and/or any portion thereof. You may not create
any "derivative works" by altering any aspect of the Website or its
Content. You may not use the Website and its Content in conjunction with any
other third-party content. You may not exploit any aspect of the Website and
its Content for any commercial purposes not expressly permitted by Dormanex
SR®. You further agree to indemnify and hold harmless Life Labs International,
LLC for your failure to comply with this Section 8. Dormanex SR® reserves any
rights not explicitly granted in the Agreement. You may not use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Website. You may not take any action that imposes an
unreasonable or disproportionately large load on the Website infrastructure.
8. Credit card
Verification and declined charges. We reserve the right to authorize and
void credit card charges in the amount of one hundred and one dollars and zero
cents before the free trial supplies are shipped to customer. This is only to
verify that funds are available for any PPPP or CM plans that might apply. It
is important to note that you have not been charged, this authorization will
disappear from your account immediately or in several days.
If a customer’s credit card is declined for the payments due
on any PPPP or CM plans we reserve the right to break down payments into
multiple payments until the cost of the items billed/shipped have been paid in
full.
9. CHARGE BACKS AND
FRAUD FROM OUR MEMBERS. We take charge backs very seriously. If a customer
charges a purchase back we will place their name, address, zip code, and credit
card number into an Internet fraud database. ALL INTERNET CREDIT CARD COMPANIES
USE THESE DATABASES TO ACCESS CREDIT RSIK WITH CUSTOMERS AND FUTURE PURCHASES
WITH OTHER INTERNET COMPANIES MIGHT BE DENIED. We DO NOT have any control over
this fraud database. Once you get on these lists it is very difficult to get
your name removed from it.
BE SMART! DON'T
DESTROY YOUR INTERNET CREDIT
10. Indemnification.
You agree to indemnify and hold Life Labs International, LLC , its parents and
subsidiaries, and each of their respective members, officers, directors,
employees, agents, co-branders, content licensors and/or other partners,
harmless from and against any and all claims, expenses (including reasonable
attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever,
made by any third party due to or arising out of: (a) your use of the Website;
(b) your breach of the Agreement; and/or (c) your violation of any rights of
another individual and/or entity. The provisions of this paragraph are for the
benefit of Dormanex SR®, its parents, subsidiaries and/or affiliates, and each
of their respective officers, directors, members, employees, agents,
shareholders, licensors, suppliers and/or attorneys. Each of these individuals
and entities shall have the right to assert and enforce these provisions
directly against you on its own behalf.
11. Disclaimer of
Warranties. THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND
“AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT
LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR
PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DORMANEX SR® MAKES NO
WARRANTY THAT THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR
SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED;
(C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY
METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY
SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE
WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED
ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Life
Labs International, LLC WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE
UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LIFE LABS
INTERNATIONAL, LLC OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
12. Limitation of
Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIFE LABS INTERNATIONAL,
LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF LIFE LABS INTERNATIONAL, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A)
THE USE OR THE INABILITY TO USE THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY
OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (Bi) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION,
CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE
SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA
AND/OR VERIFIED PROFILE; (D) THE FAILURE TO REALIZE ANY SPECIFIC HEALTH-RELATED
OUTCOME; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE, THE ONLINE PRODUCTS
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT
LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE
LIFE LABS INTERNATIONAL, LLC FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND
CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT
PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF LIFE LABS INTERNATIONAL, LLC
TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED ($500) DOLLARS. NO ACTION, REGARDLESS OF FORM, ARISING OUT
OF YOUR USE OF THE WEBSITE, THE ONLINE PRODUCTS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU OR LIFE LABS
INTERNATIONAL, LLC MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE
TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET
13. Third Party
Websites. The Dormanex SR® Website may contain links to other websites on
the Internet that are owned and operated by third parties. Dormanex SR® does
not control the information, products or services available on these third
party websites. The inclusion of any link does not imply endorsement by Dormanex
SR® of the applicable website or any association with the website’s operators.
Because Dormanex SR® has no control over such websites and resources, you agree
that Dormanex SR® is not responsible or liable for the availability or the
operation of such external websites, for any material located on or available
from any such websites or for the protection of your data privacy by third
parties. Any dealings with, or participation in promotions offered by,
advertisers on the Website, including the payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and the
applicable advertiser or other third party. You further agree that Dormanex SR®
shall not be responsible or liable, directly or indirectly, for any loss or
damage caused by the use of or reliance on any such material available on or
through any such site or any such dealings or promotions.
14. Miscellaneous.
The Agreement shall be treated as though it were executed and performed in Dade
County, Florida and shall be governed by and construed in accordance with the
laws of the state of Florida (without regard to conflict of law principles).
Should a dispute arise concerning the terms and conditions of the Agreement or
the breach of same by any party hereto, the parties agree to submit their
dispute for resolution by arbitration before the American Arbitration
Association Miami Florida branch, in accordance with the then current
Commercial Arbitration Rules of the American Arbitration Association. Any award
rendered shall be final and conclusive to the parties and a judgment thereon
may be entered in any court of competent jurisdiction. Nothing herein shall be
construed to preclude any party from seeking injunctive relief in order to
protect its rights pending an outcome in arbitration. Should any part of the
Agreement be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain in full
force and effect. The Agreement is personal between you and Life Labs
International, LLC and governs your use of the Website Dormanex SR®. Life Labs
International, LLC failure to enforce any provision of the Agreement shall not
be deemed a waiver of such provision nor of the right to enforce such
provision. The parties do not intend that any agency or partnership
relationship be created through operation of the Agreement.
15. How to Contact
Us. If you have any questions about the Agreement or about the practices of
Dormanex SR®, please feel free to contact us at (877)210-REST or at
support@dormanex.com.
© Copyright 2008, Life Labs International, LLC and Dormanex
SR®