Terms of Service

THIS IS A LEGALLY BINDING CONTRACT. BY VISITING OR SHOPPING ON THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN POWERLUNG, INC.’s SOLE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Texas.

This page indicates the responsibilities of PowerLung, Inc. and you, the Customer, when using www.powerlung.com.

Contents of this page:

  • Copyright/Trademark Information
  • Purchasing
  • Your Account
  • Order Processing
  • Shipping
  • Inspection
  • Return Policy
  • Product Listings
  • Product Reviews/User Submitted Content
  • Disclaimers
  • Product Warranty
  • Privacy Policy

Copyright/Trademark Information

PowerLung, Inc. is a registered trademark of PowerLung, Inc.. This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright 2001-2010 PowerLung, Inc. All trademarks appearing herein at http://www.powerlung.com/region/us/company/copyright/ are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of PowerLung, Inc., or any of its trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice.

Purchasing

Listings on this website are not an offer to sell goods, rather, they are advertisements to receive offers. An order is not binding on PowerLung, Inc. until accepted by PowerLung, Inc. PowerLung, Inc. must receive payment before it will accept an order. It is important for you to complete the payment process. When payment process is complete, and “Order Complete” page will display. You will be notified if payment has not been received. Orders will not ship until payment is received. You agree to pay the amount due as specified on the invoice.

Prices advertised do not include shipping, handling, or applicable sales taxes, excise, import, export, value added, consumption and other taxes and duties assessed, if applicable, If product is sent to a destination within the state of Texas, sales tax will be added to the price you pay, unless you provide PowerLung, Inc. with a valid and correct tax exemption certificate applicable to the Product(s) prior to PowerLung, Inc.’s acceptance of the order. For purchases sent outside the state of Texas, you are responsible for the declaration and remission of sales tax, excise, import, export, value added, consumption and other taxes and duties assessed, to your local sales authority.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PowerLung, Inc. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Order Processing

Orders are processed and scheduled for shipping in 1 to 2 business days after order is accepted. Delays in processing accepted orders may occur during closures for holidays, natural disasters, and other unexpected events. PowerLung Inc.’s scheduled closures are posted on its website. Notices will be available of other closures when possible.

PowerLung, Inc. accepts Visa, MasterCard, American Express, Discover, and PayPal as terms of payment, which may change without notice. Payments for orders are processed by PayPal, Inc. You are not required to have a PayPal account to purchase products from PowerLung, Inc. Please visit www.paypal.com for more information on their terms of use and privacy policy.

Orders are not shipped until payment is received and cleared. You will receive notification to your registered e-mail address when your order has been accepted and payment approved. An email confirmation with your order number will be sent to the email address you provided when you registered.

Shipping

PowerLung, Inc. will arrange shipping of the Product(s) to your address. Title to the Product(s) passes to you upon delivery to the carrier, and risk of loss passes to you upon delivery to your address. The costs of shipping and handling will be shown on your purchase receipt. You shall bear all costs of shipping the Product(s).

International Shipments

Duties and taxes on international shipments are the sole responsibility of the purchaser, and, depending on the country, may be collected by the carrier at the time of delivery.

Inspection

You must examine the Product(s) immediately upon receipt. Any shortages or missing or damaged items must be reported to PowerLung, Inc. at once. You waive any claim for damaged or missing items if made more than seven (7) days after the date of delivery.

Return Policy

Please visit our Return Policy page for details.

Product Listings

Price and product specifications are subject to change without notice. PowerLung, Inc. tries to be as accurate as possible in its pricing and specifications, but does not warrant that the site and it’s contents are completely reliable, current, accurate, or error free. If a product offered by PowerLung, Inc. is not as described, your sole remedy is to return it in unopened, unused condition as per our Return Policy.

In the event a product listed on our website is labeled with an incorrect price due to typographical, informational, technical or other error, PowerLung, Inc. shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. In the event that a customer’s credit card has already been charged for the purchase at the time the order is cancelled, PowerLung, Inc. will immediately issue a credit to the customer’s credit card in the amount of the incorrect price.

Product Reviews/User Submitted Content

Visitors may post reviews, comments, photos, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PowerLung, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant PowerLung, Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PowerLung, Inc. and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PowerLung, Inc. for all claims resulting from content you supply. PowerLung, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. PowerLung, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

Disclaimers

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY POWERLUNG, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITIN. POWERLUNG, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POWERLUNG, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POWERLUNG, INC. DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM POWERLUNG, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POWERLUNG, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

POWERLUNG PRODUCTS ARE DESIGNED TO BE USED FOR EXERCISE ONLY. ANY OTHER USE IS NOT RECOMMENDED. POWERLUNG PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. CONSULT PHYSICIAN BEFORE USING POWERLUNG PRODUCTS IF YOU HAVE A MEDICAL CONDITION. CONSULT YOUR PHYSICIAN BEFORE BEGINNING THIS OR ANY EXERCISE PROGRAM.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Product Warranty

Please visit our Warranty page for product warranty details, which are incorporated as if fully set forth here.

Privacy Policy

Please visit our Privacy Policy page for details, which are incorporated as if fully set forth here.