Legal

Terms of Sale

These Terms of Sale, including any documents they expressly incorporate by reference (collectively, these or the “Terms of Sale” or “Terms”), are a legal agreement between you and Life Vac LLC, (“Company,” “we,” or “us”), regarding orders placed for products on Company’s websites: (1) https://lifevac.net/ and/or (2) https://lifevacpro.net (collectively, the “Website”) and govern how we supply products to you and your purchase of our products.

Please carefully read these Terms of Sale before ordering products from the Website.  By ordering or purchasing our products, you understand and agree to these Terms of SaleIf you do not agree to these Terms of Sale, including any agreements incorporated by reference, you may not place an order. Each purchase made by you shall constitute and be deemed your unconditional acceptance of these Terms of Sale.

  1. Modifications to These Terms of Sale; Our Terms of Sale and Privacy Policy Apply

These Terms of Sale may be modified at any time by Company without prior notice upon posting of the modified Terms of Sale.  The Terms of Sale posted on the Website at the time you place your order will govern that purchase.  Please read these terms carefully and check that the details of your order are complete and accurate before submitting your order.  Company’s Terms of Sale available at https://lifevac.net/terms/ and Company’s Privacy Policy available at https://lifevac.net/privacy-policy/ are incorporated herein by this reference.  Please refer to our Terms of Sale for information about your use of the Website, content and offerings, and our Privacy Policy for information about how we collect, use and disclose information about you.

  1. Your Order

We will provide instructions on how to place an order through a series of simple instructions on the Website.  At checkout, you will have an opportunity to review your order details and make any changes before placing an order.  Once you place an order, you will receive an order acknowledgement email detailing the products you have ordered.  This acknowledgement email does not constitute our acceptance of your order.  Order acceptance will only take place upon the dispatch of your products ordered that will be followed by a shipping confirmation email.  However, we reserve the right to cancel any order after acceptance at any time in our sole discretion. 

If we are unable to accept your order, we will notify you via email and you will not be charged for the product(s).  But please note that it may take up to ten (10) business days before processing.  Non-acceptance of an order may be made for any reason in Company’s sole discretion.   

You confirm that any personal data you provide is accurate and complete in all respects; and that you will notify us immediately of any changes to the personal data. We will only use your personal information as set out in our Privacy Policy.

The Website is intended solely for Company to sell its products directly to end consumers.  Any purchase of products for resale or export is strictly prohibited.  If Company believes you are involved in purchase for resale or export, Company reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend your access or close your account.  

We are unable to change the details of your order once your order has been placed.  This section does not affect your cancellation rights as set out in these Terms.  If you have any questions, please contact our customer services team at 1-877-LifeVac (1-877-543-3822).

We will take reasonable care to ensure that the information on the Website related to our products is correct, although we cannot guarantee accuracy of such information.  We reserve the right to correct any errors or omissions at any time and to cancel any orders.  The imagery on our Website is for illustration purposes only and you understand and acknowledge that your product and its packaging may vary slightly from the imagery on our Website.

You represent and warrant that you will only use the products purchased as authorized and never in a way that would violate any applicable law or third-party right of any kind.

  1. Delivery and Shipping

We may include a list of the countries where we currently deliver to on our Website or during the check-out process. Any shipping and delivery dates are approximations only.  Company cannot guarantee such dates, and such dates, delivery, and shipping lead times will vary.  Company shall not be liable or responsible for any delivery or shipping delays or consequences thereof.  We may notify you of a delay or cancel your order and provide a refund.  We are not responsible or liable for any inaccurate shipping or billing information as it is your responsibility to ensure such information is accurate before submitting your order. 

You agree to be responsible and pay for all associated shipping and handling fees that you will check carefully and consent to when you submit your order.  If we are unable to meet the delivery time included in our dispatch confirmation email, we may contact you to offer an alternative solution that may include reimbursement or re-delivery of products. 

The risk of loss, title and harm for the purchased products will pass to you upon shipment. 

  1. Right to Cancel; No Returns; No Refunds

Returns will be accepted within ten (10) days of your receipt of the order.  Return units must be unopened. Opened units may be returned but only for the reason of a manufacturer defect to the unit or masks.  Please fill out our Return Request Form available at: https//lifevac.net/returns/for a return authorization and return label.  A refund of the unit cost will be issued following the receipt and inspection of the returned Unit. The charges for the return shipping will be deducted from the refund unless the refund is due to the manufacturer’s defect in which case a full refund of the unit price or replacement will be issued. For any returns of five (5) units or more, you will be charged a twenty dollar ($20) restocking fee that will be paid using the method of payment at the time of purchase.

All refunds will be issued back to the original form of payment. 

  1. Our Online Store Payment System

Our online store payment system is hosted by Braintree (our “Payment Processor”).  By purchasing products on our Website, you agree to allow our Payment Processor to process your order, and collect and use your data in accordance with our Privacy Policy. You can also view Braintree’s Privacy Policy available at https://www.braintreepayments.com/legal/braintree-privacy-policy.

  1. Discount Codes

The Company may choose from time to time to offer discount codes.  Such discount codes may only be used once with each order and other terms and conditions may apply.  In the event of a conflict between any additional terms and conditions specific to a discount code or promotion offer, the additional terms will govern.

  1. Price and Payment

All applicable prices are set forth alongside the goods and services offered on the Website.  However, it is possible that some of the products we sell may be incorrectly priced online.  Prices may differ from the prices offered elsewhere (online or offline) by Company for the same products.  Prices are subject to change at any time by us in our sole discretion.  Prices are shown in US Dollars.  Listed prices do not include shipping or handling costs, or any sales taxes.  You will be responsible for the prices stated at the time of your transaction, in addition to any: (i) sales, use, excise, and related taxes; (ii) shipping and handling charges; and (iii) local import duties and additional charges.  Additional charges and foreign exchange differences may apply if you use currency or payment card with a currency other than US Dollars.  Payment may only be made with a valid credit, debit card, or use of a bona-fide third-party electronic payment provider.  Third-party payment processors will collect and retain your credit card information in order to process your payment.  By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.  You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are authorized to use such payment for the purchase, (iii) charges incurred by you will be honored by you, your bank, or your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes and duties, if any, regardless of the amount quoted on the Website at the time of your order.

  1. Indemnification

You agree to indemnify, defend, release, and hold harmless Company and its subsidiaries, affiliates, agents, officers, owners, directors, employees, contractors, advisors, licensees, and assigns (“Company’s Related Entities”) from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or unauthorized use of the products.

  1. No Representations or Warranties 

THE COMPANY AND COMPANY’S RELATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING PRODUCTS, SERVICES OR OFFERINGS MADE ON THIS WEBSITE. THE COMPANY AND COMPANY’S RELATED ENTITIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY CONTENT AND OFFERINGS, INCLUDING INFORMATION, CONTENTS, MATERIALS, RESOURCES, PRODUCTS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE OR PROVIDED BY COMPANY OR COMPANY’S RELATED ENTITIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY AND COMPANY’S RELATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NON-INFRINGMENT OR VIOLATION OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF A THIRD PARTY.

  1. Limitation of Liability

THE COMPANY AND COMPANY’S RELATED ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY OR LOSS ASSOCIATED WITH ANY HARM OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE WEBSITE, ITS SOFTWARE AND CONTENT AND OFFERINGS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY COMPANY AND COMPANY’S RELATED ENTITIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND COMPANY’S RELATED ENTITIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND PRODUCTS OR SERVICES AT ANY TIME.

  1. Age Restriction

By using the Website or buying our products, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use the Website or purchase our products.

  1. Force Majeure and Delay

We will not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, pandemics, disease, illness, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.

  1. Applicable Law

You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and Company or Company’s Related Entities.

  1. Notices

We may provide notices to you by sending a message to the email address you provide or by posting to our Website.  Notices sent by email will be effective upon sending the email and notices given by posting will be effective upon posting.  It is your responsibility to keep your email address current and notify us of a change to your email address.

Other than as specifically provided in these Terms, to give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier, or registered or certified mail to the mailing address listed below under Contact Information. We may update the address for notices to us by posting a notice on the Website.   

  1. Contact Information

Life Vac LLC
Attn: Dana Rose
110 Lake Avenue South, Suite 35
Nesconset, NY 11767
Phone: 877-543-3822
Email: [email protected]

  1. Miscellaneous

If any provision of these Terms  shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

The failure of Company to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Company must be in writing and signed by an authorized representative of the Company.

Nothing contained in these Terms nor shall any of Company’s products, services, offerings, Website, resources, information or materials be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. 

These Terms constitute the entire agreement between you and Company and governs the terms and conditions of your use of the Website and Company’s goods or services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Website or its goods or services.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply in connection with the Website or Company’s goods, services or offerings.

 

Effective as of: February 5, 2024