Last Revision Date: January 24, 2026

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BY PLACING AN ORDER FOR PRODUCTS AVAILABLE ON THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH EVERSAFE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF ITS CONTENT, PRODUCTS OR SERVICES BY APPLICABLE LAW. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND CONTAIN OTHER CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY.

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YOU ACKNOWLEDGE THAT THE PRODUCTS SOLD ON THIS SITE (1) ARE NOT DESIGNED, INTENDED OR MADE AVAILABLE AS A MEDICAL DEVICE(S), AND (2) ARE NOT DESIGNED OR INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR JUDGMENT AND SHOULD NOT BE USED TO REPLACE OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR JUDGMENT. ALWAYS CONSULT A QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR HEALTH CONCERN.

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These Terms and Conditions of Sale (these "Terms") apply to the purchase of products available for sale by EverSafe Sensory, LLC (referred to as "us", "we", "our" or “EverSafe”), on this website (the "Site").

 

1. Order Acceptance and Cancellation. By placing an order to purchase products, you are making an offer to buy the specific products included in your order under these Terms. All orders must be accepted by us; we are not obligated to sell the products on the Site to you. We may choose not to accept any orders in our sole discretion. We will notify you in writing if your order is rejected. If we accept your order, we will send you a confirmation email with your order number and the details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us will not take place unless and until we have sent your order confirmation email. Once an order is placed, it cannot be cancelled by you.
 

2. Prices and Payment Terms. The price for all items available for purchase through the Site will be displayed to you on the Site. By placing an order, you agree to pay all charges, including without limitation any applicable taxes and shipping, handling, and processing charges displayed to you at the time of your order. At the time of purchase, you will be asked to supply certain information, including but not limited to your shipping address and credit card or other payment information. You agree that all information that you provide to us will be accurate, current, and complete. Unless otherwise agreed by us, we will charge your credit card when your item is purchased. Credit card orders shipped to a location other than your billing address may require additional verification. All monetary transactions on the Site take place in U.S. dollars. You are permitted to purchase products via the Site only for personal use and not for resale. We may in our discretion refuse and/or cancel any order that we believe may lead to the resale of products ordered from us. Accessing this Site from territories where its contents or products are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession and use of any products purchased from us. We reserve the right to refuse to process or complete any transaction, and to cancel any transaction, in our sole discretion. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards and other methods as detailed on the applicable payment screen. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment information for the purchase, (iii) charges incurred by you will be honored by your credit card company or payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
 

3. Shipments; Delivery; Title and Risk of Loss. When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the check-out process. We will arrange for shipment of the products to you at the designated Shipping Address. Please check the individual product page for specific delivery options, including any expedited shipping options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. By placing an order, you accept these shipping terms and all shipping charges. Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipments.
 

4. Returns and Refunds. We want you to be fully satisfied with your purchase. However, due to the nature of our products and for reasons of health and hygiene, we are unable to accept returns or exchanges on any item that has been opened, used, or otherwise unsealed after delivery. Similarly, custom items are non-returnable. If you believe your item is defective or you received the wrong product, please contact our customer support team at contact@eversafesensory.com. Unopened items in their original, sealed packaging may be returned subject to the terms of our return policy. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds are generally processed within 7-14 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site.
 

5. Warnings and Disclaimers.
 

Products are not Medical Devices. Products provided by EverSafe are not intended to diagnose, treat, cure, or prevent any health condition. EverSafe products are not intended to be used as a medical device. For the avoidance of doubt, EverSafe is not a medical device or durable medical equipment distributor or supplier, and does not represent itself as such.

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For Products Containing Lithium-Ion Batteries:  

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• Important Safety Notice: EverSafe products may contain lithium-ion batteries. Lithium batteries can pose a fire, explosion, or burn hazard if misused, mishandled, or damaged. By purchasing or using a product containing a lithium battery, you acknowledge and accept full responsibility for proper use and handling of the battery. Although the battery incorporated into the product is protected inside a plastic electronics enclosure within the silicone covering to prevent punctures or other damage, you understand and agree that the use, charging, storage, transport, and disposal of lithium batteries carries inherent risks. You assume all responsibility for any resulting damages, injuries, or losses.
   

• Battery Safety Guidelines. To minimize risk, you agree to:

• Use only the charger provided or approved by EverSafe;

• Never disassemble, crush, puncture, or short-circuit the battery;

• Do not expose the battery to fire, water, or extreme temperatures;

• Do not charge the battery unattended or overnight;

• Store the product in a cool, dry place out of direct sunlight;

• Do not use the product if it is dented, deformed, leaking, or otherwise damaged.

• Properly dispose of the battery according to local, state, and federal regulations.

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• Travel Guidelines. If you plan to travel with a product containing lithium-ion batteries, especially by air, it is your responsibility to comply with all relevant airline, TSA, and FAA regulations regarding lithium-ion batteries. Most lithium-ion battery-powered consumer devices are allowed in carry-on baggage but may be restricted from checked luggage. EverSafe does not guarantee that the product will be accepted on all airlines or in all jurisdictions. You are solely responsible for confirming and complying with applicable travel regulations before attempting to bring this product on board any commercial flight or other form of transportation.
   

• Proper Disposal. Products containing lithium batteries are not designed to be removed or replaced by the user. Due to safety and environmental concerns, these products must not be disposed of with household waste or placed in fire or water. You agree to dispose of any product purchased from EverSafe in accordance with all applicable local, state, national, and international laws and regulations regarding electronic waste and battery disposal. This includes, but is not limited to, delivering the product to a certified e-waste facility or a designated collection point for proper recycling and handling of lithium batteries.

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6. LIMITED WARRANTY.

 

We strive to describe our products as accurately as possible on the Site. However, we do not warrant that the product descriptions or other content of this Site are completely accurate, reliable, current, or error-free. All features, content, specifications, sizes and prices of products described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.

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OUR LIMITED WARRANTY FOR THE PRODUCTS IS INCORPORATED HEREIN BY REFRENCE (THE “WARRANTY STATEMENT”). OUR RESPONSIBILITY FOR ANY DEFECTIVE PRODUCTS IS LIMITED, AT OUR OPTION, TO REPAIR OR REPLACEMENT OF THE PRODUCTS OR A REFUND AS SET FORTH IN OUR WARRANTY STATEMENT. This limited warranty extends only to the original purchaser of products from the Site. It does not extend to any subsequent or other owner or transferee of the product or any transferee or other beneficiary of the service.

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7. Limitation of Liability. THE REMEDIES DESCRIBED IN OUR WARRANTY STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF OUR LIMITED WARRANTY. UNDER NO CIRCUMSTANCES WILL OUR LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU PURCHASED THROUGH THE SITE, NOR WILL WE BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, EMOTIONAL DISTRESS OR SIMILAR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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8. Export. Products purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations"). You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations.

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9. Intellectual Property Use and Ownership. EverSafe and/or its licensor(s) and suppliers are and will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual property rights relating to those products.

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10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy available at: Privacy Policy and incorporated herein by reference, governs the processing of all personal data collected from you in connection with your purchase of products through the Site. You should carefully review our Privacy Policy before placing an order for products through this Site.

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11. Force Majeure. We shall not be liable, nor be deemed to have defaulted under or breached these Terms for any failure or delay in fulfilling your order when and to the extent such failure or delay is caused by or results from acts beyond our reasonable control, including, without limitation, the following events of force majeure ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, severe weather events, catastrophe, explosion, epidemic or public health emergency; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; and (f) national or regional emergency; and (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials. We will give you prompt notice of any Force Majeure Event, stating the period of time we believe it is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized and will resume performance of our obligations as soon as reasonably practicable after the removal of the cause. You shall have the right to terminate your order if the Force Majeure Event continues unabated for more than thirty (30) days.

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12. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law principles.

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13. Dispute Resolution and Binding Arbitration. You agree to submit any dispute, controversy or claim arising regarding the purchase or sale of products on the Site to binding arbitration under the rules of the American Arbitration Association on a single plaintiff basis. Any such arbitration will be conducted in Cleveland, Ohio. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible. You also acknowledge and understand that, with respect to any dispute arising out of or relating to the products or your use of the Site:

• YOU AGREE TO ARBITRATION.  

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.  

• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

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14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

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15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EverSafe.

 

16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

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17. Notices.

 

(a) To You. We may provide you any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting the notice to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

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(b) To Us. To give us notice under these Terms, you must contact us by email at contact@eversafesensory.com. We may update our address for notices at any time by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

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18. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

19. Changes to Terms. These Terms are subject to change by EverSafe without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site. You should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

 

20. Entire Agreement. These Terms, including any other terms or policies linked to from within these Terms constitute the entire agreement between you and us with respect to your purchase of products through the Site. A printed version of these Terms will be made available to you upon request.

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