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Last updated: March 19, 2021

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://lungsmacker.com website (the “Service”) operated by LUNGSMACKER (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

Accounts

 

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

Intellectual Property

 

The Service and its original content, features, and functionality are and will remain the exclusive property of LUNGSMACKER and its licensors.

 

Links To Other Web Sites

 

Our Service may contain links to third-party websites or services that are not owned or controlled by LUNGSMACKER.

LUNGSMACKER has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that LUNGSMACKER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

 

Termination

 

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

 

Governing Law

 

These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

Refund & Return Policy.

(a) There are no returns or refunds for any custom orders. All customers requesting a refund must submit a Refund Request Form. This can be emailed to you by your Sales Representative, and adhere to its instructions. It is your responsibility to retain product packing, whether supplied by us or by you, for claims and substantiation. If approved, refunds are usually processed within ten (10) business days of approval. If you do not receive your approved refund within this timeframe, please contact your Sales Representative. In addition to the terms contained in the Refund Request Form, you acknowledge and agree that by requesting a refund, you are releasing us from any further obligations with respect to your order.

(b) There are NO refunds for any shipping. You are responsible for shipping the product back to us before your refund will be processed. We cannot accept any product returns without a legitimate and confirmed product quality or nonconformance. There is a 20% restocking fee associated with all approved returns.

(c) Refunds will be made only for defects or material nonconformity in products where the defect or material nonconformity is the result of our negligent acts, provided such refunds are requested in accordance with these terms. We have the sole discretion to remedy the defect or provide a full or partial refund in a reasonable amount of time. All customers requesting a refund must submit a timely Refund Request Form and adhere to its instructions. It is your sole responsibility to retain product packing, whether supplied by us or by you, for claims and substantiation. Once approved, refunds will be made in a reasonable time. In addition to the terms contained in the Refund Request Form, you acknowledge and agree that by requesting a refund, you are releasing us from any further obligations, whatsoever, with respect to your order.

(d) All customers requesting a replacement must notify us, in writing, within twenty-four (24) hours of delivery of their order and must include photos that accurately depict the damage or other nonconformity. If we determine, in our sole discretion, that the damage or nonconformity is due to our sole negligence, then we will replace the damaged or nonconforming portion of your order. You acknowledge that there may be some variation in the product produced and the packaging and appearance of the product given our manufacturing limitations, which variations will not constitute a defect or material nonconformity.

(e) You acknowledge and agree that the policies set forth in these Terms contain your exclusive remedies with respect to non-conforming goods. Except as provided herein, all sales are final. You further acknowledge and agree that your strict performance under our return and replace policy is required in order to obtain any refund or replacement goods.

 

Contact Us

 

If you have any questions about these Terms, please contact us.