BAF Automation, LLC - DBA: Dreams Tape - Legal Disclaimer
The use of Dreams Tape mouth tape ("Product") is subject to the following terms and conditions. By purchasing or using this Product, you agree to be bound by these terms. If you do not agree, do not use the Product.
- Product Intended Use
The Product is intended solely as a sleep aid and respiratory support for improving breathing during sleep. It is not designed to diagnose, treat, cure, or prevent any medical condition or disease. The Product is not a substitute for medical advice, diagnosis, or treatment provided by a qualified healthcare professional.
- Individual Responsibility
Users of the Product acknowledge and agree that they are solely responsible for their own health and well-being. BAF Automation LLC ("Company") does not assume any liability for the improper use, misuse, or application of the Product. Users must carefully read and follow all instructions, warnings, and precautions provided by the Company.
- User Acknowledgment and Assumption of Risk
By using the Product, users acknowledge that they:
- Have read and fully understand all instructions, warnings, and precautions provided by the Company.
- Are using the Product at their own risk and are responsible for determining whether the Product is suitable for their specific needs.
- Acknowledge that the Company has advised consultation with a healthcare professional before using the Product, especially if the user has any pre-existing medical conditions.
- Contraindications and Warnings
Do not use the Product if you have any of the following conditions:
- Difficulty breathing through your nose.
- Obesity with a Body Mass Index (BMI) over 35.
- Very low blood pressure.
- Severe heart or breathing problems.
- Cold, sinus, or ear infection.
- Severe chapped lips or non-intact skin around the mouth.
- Alcohol or sedative consumption.
- Asthma or any other chronic respiratory condition.
- Obstructive sleep apnea.
- Any condition that causes difficulty breathing or swallowing.
Additional Warnings:
- This Product should not be used by individuals under the age of 18 without supervision from a responsible adult or healthcare provider.
- Do not use this Product if you are alone and unable to easily remove the tape in case of emergency.
- The use of this Product during sleep carries risks, including but not limited to airway obstruction or other breathing difficulties, which can be life-threatening.
- No Medical Advice
The information provided by the Company, including but not limited to product descriptions, articles, FAQs, and other informational content, is for informational purposes only and should not be construed as medical advice. The Company makes no representations or warranties regarding the accuracy, completeness, or usefulness of any information provided. Users are strongly advised to consult with a healthcare professional before using the Product.
- Disclaimer of Liability
In no event shall the Company, its directors, officers, employees, or affiliates be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with the use or misuse of the Product, including but not limited to injury, illness, or any other damages. This includes damages for negligence or gross negligence.
Limitation of Warranty:
The Product is provided "as is" without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
- Indemnification
Users agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and affiliates from and against any and all claims, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with the use or misuse of the Product.
- Return and Refund Policy
Due to the personal nature of the Product, returns are only accepted if the Product is defective or unused. Please refer to our Return and Refund Policy for more details on how to process a return or request a refund.
- Governing Law and Dispute Resolution
This legal disclaimer and any disputes arising from the use of the Product shall be governed by and construed in accordance with the laws of the Delaware, without regard to its conflict of laws principles.
Arbitration Clause:
Any disputes, claims, or controversies arising out of or relating to this disclaimer, the use of the Product, or any relationship between the parties shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.
- Severability
If any provision of this disclaimer is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this disclaimer, and the remaining provisions shall remain in full force and effect.
- Right to Modify
The Company reserves the right to modify these terms and conditions at any time without prior notice. Any changes to the disclaimer will be effective immediately upon posting. Continued use of the Product constitutes acceptance of any such changes.