Terms and Conditions

TERMS AND CONDITIONS

Thank you for visiting our website (“Site”).  It is operated by CHEMO MOUTHPIECE TM, LLC.  Please read these Terms and Conditions (“Terms”) fully before using the Site.  By using the Site you agree to be bound by all its Terms.  The Site is not intended for use by those under the age of 18 or the legal age of majority where they live.

We may, in our sole discretion, modify these Terms without notice to you.  By continuing to access and use the Site after these Terms are modified, you agree to such modification.  In addition, when using particular services or features or making purchases at the Site, other guidelines or terms and conditions or policies (“collectively “Policies”) applicable to such purchase may be posted from time to time.  All Policies are incorporated into and form part of these Terms.

Should you have any questions about our Terms, you may contact us by using one of the following:

Email:              [email protected]
Telephone:      201-716-0693                        
Mail:                CHEMO MOUTHPIECE TM, LLC
c/o Capital Hardware
10 Railroad Avenue
Closter, NJ 07624
Attn:  Policy Director

Privacy Policy

Use of the Site is subject to our Privacy Policy which is incorporated into and made part of these Terms.  By using the Site, you agree to be bound by the terms of our Privacy Policy.

Access to the Site

We work hard to ensure the Site is always up and available, but we can’t guarantee that it will not have downtime for any reason.  We reserve the right to close the Site for short periods of time for general maintenance, but will attempt to keep this to a minimum.  We will not be liable if for any reason all or any part of the Site is unavailable at any time, for any length of time.

Parts of the Site may require your to input a password to access certain features.  This is to be able to give you details relevant to you order whilst keeping them private to you.  To do this, as part of our security procedures, we require you to register an account (“Account”) with us by entering your email and choosing a secure password.  We highly recommend that you choose a strong password that is hard for others to guess, and you log out from you account at the end of every session.  There is a password reset procedure in case you forget your password.  You must treat your Account log-in information as confidential, not disclose it to any third party and only use the CHEMO MOUTHPIECE TM Site in person.  If you think there may have been any breach of security it is your responsibility to notify us immediately and if log-in is possible, to change your password.

It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.  We reserve the right to disable any user Account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms.

We do not guarantee that the Site or any content provided on the Site is error free.  We manage our personal data according to our Privacy Policy.

You agree to use the Site only for lawful purposes and that you are responsible for your use of and communications at the Site and will not use this Site for any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or offensive messages including any material that encourages criminal conduct or conduct that would give rise to civil liability or infringes others’ intellectual property rights or violates any applicable local, state, national or international law.  You agree not to use this Site in any manner that interferes with the normal and intended use of the Site.

Product Information

CHEMO MOUTHPIECE TM takes great care when putting product information, descriptions and images on-line, but will not be held responsible for any mistakes or omissions with respect to any information given.

Prices

Prices are as posted on the Site.  However, computational or posting errors can occur.  In the case of incorrect pricing or an error in computation which is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.) your order will be cancelled and the payment refunded to you, even if it has been initially validated.

Product Availability

We will endeavor to fulfill your order once completed and paid for.  If a product should become unavailable for the foreseeable future after your order has been confirmed and paid for, we will refund the price you paid for the product within 30 days following the date of payment.  If your order includes products that are temporarily unavailable, we will send the available products to you first and will follow with the outstanding items once they are available.  We will not charge the shipping fees when shipping the products to complete the rest of the order.  If relevant, we will offer you a replacement for an unavailable product.  If you accept the replacement, and then wish to return it to us in the conditions outlined under Right of Return, the return postage will be covered by us.  If you choose to decline this offer, and the original product is permanently unavailable, we will reimburse the price of the unavailable product.

Secure Payment

CHEMO MOUTHPIECE TM offers various options on its Site for you to pay for your order, which are made available during checkout.

Delivery

Your order will be delivered to the address you indicated when your order was placed.

CHEMO MOUTHPIECE TM intends to respect the delivery times indicated on the Site.  We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event.  If you do not receiver your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim.  During this period of investigation, no reimbursement or re-delivery will take place.

Right of Return

CHEMO MOUTHPIECE TM allows you 30 days from your receipt to return a product that is in unopened packaging under the following terms and conditions:

(Note: This is intended to cover issues such as damaged goods; goods before and after use etc.)

Your right of return starts from the moment your order is delivered.

Methods of Reimbursements

If the product is returned, you will be reimbursed via the same payment method as was used initially.

Intellectual Property

You acknowledge that all materials at this Site, including the Site’s design, graphics, text, sounds, pictures, software and other of its contents (collectively, “Materials”), are the property of CHEMO MOUTHPIECE TM and/or its licensors, and are subject to and protected by United States and International laws.  All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners.  You may use the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained and the use is only that which is authorized by these Terms.  You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit or otherwise transfer any of the Materials in any form or by any means, without the prior written authorization of CHEMO MOUTHPIECE TM or the respective copyright owner or modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes.  The trademarks, service marks (collectively, “Marks”) contained or described at the Site are the sole property of CHEMO MOUTHPIECE TM and/or its licensors and may not be copied without the prior written authorization of CHEMO MOUTHPIECE TM and/or its licensors.  In addition, all page headers, custom graphics, and button icons may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of CHEMO MOUTHPIECE TM CHEMO MOUTHPIECE TM reserves the rights to enforce to the extent of the law.

One or more patents are pending that may apply to the Site or the products thereon including, links at the Site to third party websites which are provided only as a convenience to you.  If you use these links, you will leave the Site and be transferred to third party websites.  You agree that CHEMO MOUTHPIECE TM will not be responsible or liable for any content, goods or services on those third-party websites or for your use or inability to use such websites.  You will use these links at your own risk.  You are advised that other websites may be linked from this Site that might contain material or information that some people may find offensive or inappropriate; that is inaccurate, defamatory, libelous, infringing of others’ rights or otherwise unlawful.  CHEMO MOUTHPIECE TM expressly disclaims any responsibility for the content on these websites and for any products and services that appear on any third party website.

Non-U.S. Access to the Site

CHEMO MOUTHPIECE TM makes no representation that Materials contained at the Site or products described or offered at the Site are appropriate for sale outside the United States, or that these Terms with the laws of any other country.  Visitors who use the Site and reside outside the United States are responsible for compliance with all non-United States local laws, if and to the extent any local laws are applicable.  You agree that you will not access this Site if it is not legal in your jurisdiction, and that you, and not CHEMO MOUTHPIECE TM , are responsible for compliance with applicable local laws.

Termination

You agree that CHEMO MOUTHPIECE TM may terminate or suspend your access to all or part of this Site without notice for any conduct that CHEMO MOUTHPIECE TM in its sole discretion decides is appropriate, including without limitation violation of these Terms or any applicable law or is harmful to the interests of another user or CHEMO MOUTHPIECE TM .  Notwithstanding such termination the “Intellectual Property”, “Warranties, Disclaimers and Limitations of Liability”, “Indemnification”, “Applicable Law and Jurisdiction” provision of these Terms survive the termination.

CHEMO MOUTHPIECE TM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site and you agree that CHEMO MOUTHPIECE TM shall not be liable to you or to any third party for any such action. 

All Warranties, Disclaimers and Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND AS LIMITED IN THESE TERMS OF USE.  CHEMO MOUTHPIECE TM AND ITS RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES AND ATTORNEYS (THE CHEMO MOUTHPIECE TM PARTIES), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMIPLIED WARRANTIES OF USE FOR ANY INTENDED PURPOSE AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CHEMO MOUTHPIECE TM PARTIES MAKE NO WARRANTY THAT: (i) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (iii) THE QUALITY OF TRANSMISSION MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS; (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED.  ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES SET FORTH IN THE TERMS AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CHEMO MOUTHPIECE TM PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, or consequential damages based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, and the limitations of liability set forth herein are fundamental elements of the basis of the bargain between CHEMO MOUTHPIECE TM and you.

Notwithstanding the foregoing, the sole and entire maximum liability of the CHEMO MOUTHPIECE TM parties for any reason, and your sole and exclusive remedy is limited to the amount paid by you for any product, information or service purchased by you from CHEMO MOUTHPIECE TM on this Site.

Some jurisdiction do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages and if such is the case these limitations may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless the CHEMO MOUTHPIECE TM parties against all claims, demands, causes of action, losses, expenses, damages including attorneys’ fees, resulting or arising from or relating to your use of or conduct at the Site, any activity related to your Account or your use of the Site and your breach of these Terms and your infringement or violation of any rights of third party rights on this Site.

Applicable Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey in the United States, and your agreement to submit to personal jurisdiction in the State of New Jersey and further agree that any cause of action arising from or relating to these Terms be brought exclusively in the Federal or State Courts residing in New Jersey.

To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Site or these Terms such claim or cause of action arose, or be forever barred.