Terms of Service

Last Updated: December 2024

1. Definitions

• "Company," "REMplenish," "we," "us," "our" refers to REMastered Sleep LLC
• "Products" refers to REMplenish Jr (Level 1), REMplenish (Level 2), and all related accessories
• "Services" refers to our website, e-commerce platform, customer support, and related services
• "Content" refers to all text, images, videos, testimonials, and materials on our website
• "User," "you," "your" refers to any person accessing or using our Services
• "Terms," "Agreement," "ToS" refers to these Terms of Service

2. Account Registration and Security

2.1 Account Creation

You may create an account to facilitate purchases and track orders. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

2.2 Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Providing false information
• Abusive behavior toward staff or other customers
• Any other reason at our sole discretion

Upon termination, your right to use our Services immediately ceases. We may delete your account information in accordance with our Privacy Policy.

3. Product Information and Ordering

3.1 Product Descriptions

We strive to provide accurate product descriptions, images, and specifications. However:

• Colors may vary due to monitor settings
• Dimensions are approximate
• We reserve the right to correct errors in product descriptions, pricing, or availability
• Product packaging may vary from images shown

3.2 Pricing

• All prices are in US Dollars (USD) unless otherwise stated
• Prices are subject to change without notice
• We reserve the right to correct pricing errors, even after an order is placed
• Shipping costs, taxes, and duties are additional and calculated at checkout
• Promotional codes and discounts cannot be combined unless explicitly stated

3.3 Order Acceptance

Receipt of an order confirmation does not constitute acceptance of your order. We reserve the right to:

• Accept or reject any order for any reason
• Limit quantities purchased per customer
• Refuse service to anyone
• Cancel orders that appear fraudulent
• Cancel orders for products that are out of stock

If your order is canceled after payment, we will issue a full refund to your original payment method.

3.4 Payment

• Payment must be received before order fulfillment
• We accept major credit cards, PayPal, and other payment methods displayed at checkout
• Payment processing is handled by Shopify Payments and other secure third-party processors
• You authorize us to charge your payment method for all purchases
• You represent that you have the legal right to use any payment method provided

4. Medical Disclaimers and Product Use

5. Proper Use of Products

5.1 Intended Use

REMplenish products are intended for:

• Myofunctional exercise support through gentle resistance during hydration
• Tongue and throat muscle strengthening
• Supporting proper oral posture development
• Use as part of a comprehensive wellness approach

5.2 Instructions and Safety

You agree to:

• Read and follow all product instructions and safety information
• Use products only as intended
• Supervise children's use at all times
• Inspect products regularly for damage or wear
• Discontinue use if products are damaged
• Clean and maintain products according to instructions
• Not modify products in any way

5.3 Prohibited Uses

You may NOT:

• Use products as a substitute for prescribed medical treatments
• Use damaged or modified products
• Share products between multiple users (for hygiene reasons)
• Use products in any manner that could cause injury
• Resell products as medical devices or make medical claims

6. Shipping and Delivery

6.1 Shipping Timeframes

• Processing time: 1-3 business days
• Domestic shipping (US): 3-7 business days standard, 2-3 days expedited
• International shipping: 7-21 business days (varies by destination)
• Timeframes are estimates, not guarantees

6.2 Shipping Costs

• Calculated at checkout based on destination and method
• Free shipping promotions apply only to standard domestic orders unless specified
• Customer is responsible for any customs duties, taxes, or import fees

6.3 Risk of Loss

Risk of loss and title for products pass to you upon delivery to the carrier. We are not responsible for:

• Lost or stolen packages after carrier delivery confirmation
• Delays caused by carriers, customs, or force majeure
• Incorrect addresses provided by customer
• Packages refused or undeliverable

6.4 International Orders

For international shipments:

• You are responsible for compliance with import laws in your country
• You are responsible for all customs duties, taxes, and fees
• We cannot control customs delays or rejections
• Some countries may restrict import of certain products

7. Returns, Refunds, and Exchanges

7.1 90-Day Money-Back Guarantee

We offer a 90-day money-back guarantee from the date of delivery:

• Eligible: Unused products in original packaging, or gently used products if you're unsatisfied
• Process: Contact customer service at support@remplenish.com to initiate return
• Refund: Full purchase price (excluding original shipping costs)
• Return Shipping: Customer pays return shipping unless product is defective
• Timeframe: Refund processed within 7-10 business days of receiving returned item

7.2 Exchanges

We accept exchanges for:

• Wrong product received
• Defective or damaged products
• Different resistance level (Level 1 ↔ Level 2)

Contact customer service within 30 days of delivery to arrange an exchange.

7.3 Non-Returnable Items

The following cannot be returned for hygiene and safety reasons unless defective:

• Opened or used nozzle packages (except under money-back guarantee)
• Products damaged by misuse or improper care
• Products purchased from unauthorized resellers

7.4 Defective Products

If you receive a defective product:

• Contact us within 30 days with photos of the defect
• We will replace at no charge or provide full refund (including shipping)
• We may provide prepaid return shipping label

7.5 Refund Method

Refunds are issued to the original payment method used for purchase. Please allow 5-10 business days for refunds to appear in your account after processing.

8. Intellectual Property Rights

8.1 Ownership

All content, features, and functionality of our website and Services, including but not limited to:

• Text, graphics, logos, images, videos, and audio
• Product designs and patents (U.S. Patent #11724154)
• Trademarks, service marks, and trade names
• Software, code, and website design
• Compilation and arrangement of content

are owned by REMplenish or our licensors and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use our website for personal, non-commercial purposes
• View and print content for personal use only
• Use purchased products for their intended personal use

8.3 Restrictions

You may NOT:

• Copy, reproduce, distribute, or create derivative works from our content
• Use our trademarks, logos, or brand names without written permission
• Reverse engineer, decompile, or disassemble our products or software
• Remove or alter any copyright, trademark, or proprietary notices
• Use our content for commercial purposes without authorization
• Frame, mirror, or embed our website on another site
• Use automated systems (bots, scrapers) to access our website

8.4 User-Generated Content

If you submit reviews, testimonials, photos, or other content ("User Content"), you grant us:

• A worldwide, perpetual, irrevocable, royalty-free, transferable license
• To use, reproduce, modify, publish, and distribute your User Content
• In any media, for marketing, advertising, and promotional purposes
• Without compensation or attribution (though we may credit you)

You represent and warrant that:

• You own or control all rights to your User Content
• Your User Content does not violate any third-party rights
• Your User Content is truthful and not misleading
• You have obtained necessary consents (e.g., for photos of children)

8.5 DMCA and Copyright Infringement

We respect intellectual property rights. If you believe content on our website infringes your copyright, contact us at:

Copyright Agent: legal@remplenish.com
REMastered Sleep LLC
806 Golden Meadow Rd
Eagan, MN 55123

Your notice must include all information required by the Digital Millennium Copyright Act (DMCA).

9. Healthcare Provider Program

9.1 Professional Partnership

Healthcare providers may participate in our professional partner program, which may include:

• Wholesale pricing on products
• Affiliate commission on referrals
• Inclusion in professional directory
• Access to educational materials

9.2 Professional Representations and Warranties

By participating in the professional program, you represent and warrant that:

• All credentials, licenses, and certifications provided are accurate and current
• You are in good standing with all applicable licensing boards
• You have malpractice insurance (if required in your jurisdiction)
• You will comply with all applicable laws and professional standards
• You will not make unauthorized medical claims about our products

9.3 Professional Indemnification

You agree to indemnify, defend, and hold harmless REMplenish from any claims arising from:

• Misrepresentation of your credentials or qualifications
• Your professional advice or treatment of patients
• Your recommendations regarding our products
• Violation of professional standards or ethics
• Malpractice or negligence in your professional practice

9.4 No Agency Relationship

Healthcare providers in our program are independent contractors. No agency, partnership, joint venture, or employment relationship exists between you and REMplenish.

9.5 Disclaimer of Verification

REMplenish does not independently verify professional credentials, licenses, or qualifications. We are not responsible for the accuracy of professional information provided or for the professional conduct of program participants.

10. Warranties and Disclaimers

10.1 Product Warranty

We warrant that products will be free from defects in materials and workmanship for 30 days from the date of delivery. Our sole obligation under this warranty is to replace defective products or refund the purchase price at our discretion.

This warranty does not cover:

• Normal wear and tear
• Damage from misuse, abuse, or improper care
• Products modified or repaired by anyone other than REMplenish
• Products purchased from unauthorized resellers

10.2 DISCLAIMER OF WARRANTIES

11. Limitation of Liability

12. Indemnification

You agree to indemnify, defend, and hold harmless REMplenish, its parent, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of our products or services
• Your violation of these Terms
• Your violation of any law, regulation, or third-party right
• Your User Content or any content you submit
• Your negligence, willful misconduct, or fraud
• Any health outcomes or injuries arising from product use
• Any professional advice you provide regarding our products (if applicable)
• Your representations about professional credentials (if applicable)

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

13. User Conduct and Prohibited Activities

13.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable local, state, national, or international law
• Infringe upon intellectual property rights of REMplenish or third parties
• Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Engage in any fraudulent activity, including payment fraud or identity theft
• Introduce viruses, malware, or any harmful code
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to any systems or data
• Use automated systems (bots, scrapers, crawlers) without permission
• Collect or harvest personal information about other users
• Sell or resell our products as medical devices
• Make unauthorized medical or health claims about our products
• Reverse engineer or attempt to extract source code from our products

13.2 Consequences of Violations

Violation of this Section may result in:

• Immediate termination of your account and access
• Legal action, including civil and criminal prosecution
• Liability for damages to REMplenish
• Reporting to law enforcement authorities

14. Third-Party Links and Services

Our website may contain links to third-party websites, services, or resources, including:

• Social media platforms
• Healthcare provider websites
• Educational resources
• Review platforms
• Payment processors
• Shipping carriers

Disclaimer: We do not control, endorse, or assume responsibility for any third-party websites, services, or content. Your use of third-party services is governed by their terms and privacy policies. You access third-party services at your own risk.

We are not liable for any damages or losses arising from your use of third-party services, including but not limited to:

• Payment processing errors
• Shipping delays or losses
• Privacy breaches by third parties
• Inaccurate or harmful information on third-party sites

15. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our Services, you consent to:

• Collection and use of your information as described in the Privacy Policy
• Transfer of your information to the United States and other countries
• Use of cookies and tracking technologies as described in the Privacy Policy

For more information about your privacy rights and how we handle your data, please review our Privacy Policy.

16. Communications and Marketing

16.1 Electronic Communications

By using our Services or providing your contact information, you consent to receive electronic communications from us, including:

• Transactional emails (order confirmations, shipping notifications)
• Account-related communications
• Customer service responses
• Security alerts and policy updates

You agree that these electronic communications satisfy any legal requirement that such communications be in writing.

16.2 Marketing Communications

With your consent, we may send you:

• Promotional emails about products, offers, and news
• Educational content about airway health and wellness
• Surveys and feedback requests

You can opt out of marketing communications at any time by:

• Clicking the "unsubscribe" link in any marketing email
• Contacting customer service at support@remplenish.com
• Updating your account preferences

Note: Even if you opt out of marketing communications, we will still send transactional and account-related emails.

17. Dispute Resolution and Arbitration

17.1 Informal Dispute Resolution

Before initiating arbitration or legal proceedings, you agree to first contact us to attempt to resolve any dispute informally. Please send a detailed description of the dispute to:

• Email: disputes@remplenish.com
• Mail: REMastered Sleep LLC, Attn: Legal Department - Disputes, 806 Golden Meadow Rd, Eagan, MN 55123

We will attempt to resolve the dispute through good-faith negotiations within 60 days. If we cannot reach a resolution, either party may proceed to arbitration as described below.

17.2 Mandatory Arbitration Agreement

Agreement to Arbitrate: Except as provided in Section 17.5 (Exceptions to Arbitration), you and REMplenish agree that any dispute, claim, or controversy arising out of or relating to:

• These Terms of Service or the Privacy Policy
• Your use of our products or services
• Your relationship with REMplenish
• The validity, scope, or enforceability of this arbitration agreement
• Any aspect of your purchase or use of our products
• Any health outcomes or injuries related to product use

will be resolved through binding individual arbitration rather than in court, except as otherwise provided herein.

Arbitration Rules: The arbitration will be administered by:

• American Arbitration Association (AAA) under its Consumer Arbitration Rules, or
• JAMS under its Comprehensive Arbitration Rules and Procedures

as mutually agreed by the parties. The arbitration will be conducted in English.

Arbitration Location: Arbitration hearings may be conducted:

• In the county where you reside
• Remotely via videoconference (if agreed by both parties)
• Based solely on written submissions (if agreed and permitted by the arbitrator)

Arbitration Fees:

• Each party will bear their own attorney's fees and costs
• REMplenish will pay your share of arbitration filing fees and arbitrator compensation if you cannot afford them and request us to do so in writing
• The arbitrator may award fees and costs to the prevailing party as permitted by law

Arbitrator's Authority:

• The arbitrator may award any relief that a court could award, including declaratory or injunctive relief
• Awards are limited to individual relief necessary for that party's individual claim
• The arbitrator may not award relief for or against anyone who is not a party
• The arbitrator's decision is binding and may be entered as a judgment in any court of competent jurisdiction

17.3 CLASS ACTION WAIVER

17.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND REMPLENISH EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR PRODUCTS OR SERVICES.

17.5 Exceptions to Arbitration

Notwithstanding the above, either party may:

• Bring an individual action in small claims court if the claim qualifies and remains in small claims court
• Seek injunctive or equitable relief in court to prevent unauthorized use of intellectual property or confidential information

17.6 Opt-Out Right

17.7 Governing Law and Venue

Governing Law: These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Minnesota and applicable federal law, without regard to conflict of law principles.

Venue for Non-Arbitrable Disputes: If a dispute is not subject to arbitration (due to exceptions or opt-out), you agree to submit to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota, for resolution of any such disputes. You waive any objection to venue or personal jurisdiction in these courts.

17.8 Limitations Period

TIME TO FILE CLAIMS: YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT WILL BE FOREVER BARRED, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY.

17.9 Severability

If any portion of this Section 17 (except the Class Action Waiver, which has its own severability provision) is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect.

18. Changes to Terms of Service

We reserve the right to modify these Terms at any time at our sole discretion.

18.1 Notification of Changes

Material Changes: For significant changes that materially affect your rights, we will provide notice through one or more of the following methods:

• Email notification to the address associated with your account (at least 30 days before changes take effect)
• Prominent banner or notice on our website
• Pop-up notification upon login

Non-Material Changes: Minor updates (formatting, clarifications, contact information) will be posted without additional notice.

18.2 Effective Date

Changes become effective on the date specified in the updated Terms or, if no date is specified, 30 days after posting for material changes or immediately for non-material changes.

18.3 Your Acceptance

Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree with the changes, you must:

• Stop using our Services
• Contact us to close your account
• Request deletion of your personal information (subject to legal retention requirements)

18.4 Version History

We maintain records of previous Terms versions. You may request information about material changes by contacting legal@remplenish.com.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and REMplenish regarding your use of our Services and supersede all prior agreements, understandings, and communications, whether written or oral.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

19.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

19.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, or epidemics
• War, terrorism, civil unrest, or government actions
• Labor disputes or strikes
• Internet or telecommunications failures
• Supplier delays or shortages
• Shipping carrier delays

19.6 Survival

The following sections shall survive termination of these Terms or your use of our Services:

• Section 4 (Medical Disclaimers)
• Section 8 (Intellectual Property Rights)
• Section 10 (Warranties and Disclaimers)
• Section 11 (Limitation of Liability)
• Section 12 (Indemnification)
• Section 17 (Dispute Resolution and Arbitration)
• Section 19 (General Provisions)

19.7 Headings

Section headings are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.

19.8 No Third-Party Beneficiaries

These Terms are for the benefit of, and are enforceable by, the parties hereto and their respective successors and permitted assigns. These Terms are not intended to confer any right or benefit on any third party.

19.9 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

19.10 Electronic Contracting

Your use of our Services includes the ability to enter into agreements and/or make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. You hereby agree to the use of electronic communication to enter into contracts, place orders, and create other records, and to the electronic delivery of notices, policies, and records of transactions with us.

19.11 Contact Information for Legal Matters

For legal notices or questions regarding these Terms, contact:

Legal Department
REMplenish
12360 River Ridge Blvd
Burnsville, MN 55337
Email: legal@remplenish.com

20. Customer Service and Support

For non-legal inquiries, customer service, product questions, or support:

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21. Acknowledgment and Acceptance

Thank you for choosing REMplenish.
We are committed to providing quality products and transparent, fair business practices.