Terms of Use and Sale

Effective date August 19, 2026

1Who you are agreeing with

This agreement is between you and Nefense Professional Corporation, a corporation based in Dubuque, Iowa. In this document, Nefense, we, us and our all mean that company. You and your mean the person reading this and, where you are buying for someone else, the person you are buying for.

Nefense is a separate company from Sleep Balance Academy PC. We are a retailer. We sell products, we do not provide health care of any kind, and we do not hold medical records. If you bought something from that other company, or you have an account with it, this document does not govern any of it. Each company publishes its own terms on its own site, and the two are not interchangeable.

This agreement covers your use of our website and anything you buy from us. Several parts of it are covered in more detail by the documents listed in section 4, which form part of this agreement.

2What we sell, and what it is not

We sell consumer nasal and airway hygiene and comfort products for everyday personal use. They are ordinary consumer goods, bought the way you would buy anything else from a store.

Our products are hygiene and comfort products. They are not a treatment, a cure, or a way to prevent any condition, and buying one is not medical advice.

Nothing on this site is a diagnosis and nothing on this site is a recommendation for you personally. Articles, product pages, comparisons and answers to common questions are general information written for a general audience. Buying from us does not create a health care relationship, because we are not in that business.

If you have a health concern, if you are recovering from surgery, if you are treating a child, or if you are simply unsure whether one of our products suits you, ask a qualified health professional before you use it. We cannot answer that question for you and we will not pretend to.

Whatever you buy from us, please:

• read the label and the instructions in the box before the first use
• use the product only in the way those instructions describe
• keep it clean, and replace a part when the instructions say to replace it
• do not share a device or a nozzle between people
• stop using it if it hurts, if you have a reaction, or if something does not seem right

The Product Safety and Medical Information Disclaimer has the full detail, including the warnings that apply to particular products.

3Who may use this site, and your account

You must be at least 18 years old to create an account or to buy anything from us. An adult may buy for a household, including for a child, and in doing so takes responsibility for how the product is used.

You do not need an account to shop, but if you create one you are responsible for keeping your sign-in details private and for what happens under it. Tell us promptly if you think someone else has used it. We will never ask you for your password.

We may suspend or close an account where there is fraud, payment abuse, a threat to someone's safety, a serious breach of this agreement, or a legal requirement. Where it is practical and lawful, we tell you first and give you a chance to respond. If we close your account we refund what you have paid for anything we have not shipped, and closing an account does not cancel a right you already have under the Returns and Refunds Policy for something we already sent you.

4Other documents that form part of this agreement

These documents apply to you as well, and they are part of this agreement. Where one of them says something more specific than this document does, the more specific document governs on that point.

• Shipping Policy. How and when we ship, what shipping costs, and what we do when a delivery goes missing.
• Returns and Refunds Policy. What can be returned and what cannot, and what we do about a defect, a damaged item, the wrong item, or a recall.
• Warranty Policy. What we stand behind on a product, and for how long.
• Subscription and Auto-Renewal Terms. How a recurring order works, and how to stop one. You can cancel a plan yourself, online, whenever you want to.
• Product Safety and Medical Information Disclaimer. Warnings, intended uses, and the limits that apply to what we sell.
• Privacy Policy. What we collect, why, and what we do not do with it.
• Consumer Health Data Privacy Notice. How we treat information that a state health privacy law may reach, including anything that could be inferred from what you bought.
• Cookie and Tracking Notice. What our site stores on your device, and what we do not run.

5Orders, prices and payment

Prices are in US dollars. Tax and shipping are calculated at checkout and shown to you before you pay, so the number you approve is the number you are charged.

Placing an order is an offer to buy. The sale is made when we accept your order, which we normally do by confirming it or by shipping it. Until then there is no contract for that item, which matters mostly when something has sold out between the moment you clicked and the moment we picked the order.

Occasionally a price or a product description is wrong. If the error is obvious and material, we may decline or cancel the order rather than fill it at the wrong price. If we do, we tell you and we refund you in full. We do not quietly charge you the corrected price. We ask you first, and you are free to say no.

We take payment when you place your order. Your card details are handled by our payment processor on our checkout page; we do not store your full card number. If we cannot fill the order, we refund you in full.

We normally get an order ready to ship in one to three business days, not counting weekends and recognized holidays. We may limit quantities, decline an order, or cancel an order we cannot lawfully or safely fill, and if we cancel after you have paid you get all of your money back.

6Where we ship

We sell and ship within the United States. If your delivery address is outside the United States we are not able to accept the order today.

Where and when we ship, what it costs, and what happens if a parcel does not arrive are set out in the Shipping Policy. If a delivery goes missing, tell us. We check the address, look at the delivery evidence, ask the carrier to trace the parcel, and then either replace it or refund you. A missing parcel is not your problem to chase alone.

7Reviews and other content you post

You keep ownership of reviews, photographs, questions and anything else you post. By posting it on a public part of our site you give us permission to host, display, reproduce and adapt it for the purpose of operating and promoting the store, worldwide and without a fee.

That permission lasts while your content is posted, and for a reasonable period afterwards for backups, records and legal obligations. You can ask us to take your content down and we will, subject to records we are required to keep. If we want to use your review or your photograph in advertising, we ask you separately first.

Three things we will not do with reviews:

• We do not write a review and publish it under a customer's name.
• We do not pay anyone for a favorable review, and we do not condition a discount, a refund or a replacement on what a review says.
• We do not take a review down because it is unflattering.

We do remove content that is unlawful, that is not yours to post, that identifies someone else without their agreement, that is off topic, or that a court or a regulator requires us to remove. When we remove something you posted, we tell you.

A review is public. Do not put anything in one that you would not want a stranger to read, including anything about your health. If you want to tell us something private about an order, write to us instead.

8Acceptable use

While using our site, do not:

• break the law, or use the site to help someone else break it
• try to get into an account, an order or a system you are not authorized to reach
• scrape, crawl or bulk-download the site, or work around a technical limit we have set
• interfere with the site, its security, or other people's use of it
• misrepresent who you are, including impersonating a member of our staff
• buy from us to resell, unless we have agreed to that with you in writing
• submit a payment method that is not yours, or abuse a refund, a promotion or a discount code

9Our intellectual property

The site, its design, our text, photographs, video and our brands belong to us or to our licensors and are protected by copyright, trademark and other law. We give you permission to use them for your own personal, non-commercial use of the store, and nothing more.

If you believe material on our site infringes your copyright, send a notice to support@nefense.com identifying the work, identifying the material and where it is on our site, giving us your contact details, and confirming you have a good faith belief that the use is not authorized. We respond to properly made notices and to counter-notices under the Digital Millennium Copyright Act, and we tell the person who posted the material when we act on a notice about it.

10Products made by other companies

Some of what we sell is made for us and some is made by other companies. A product made by someone else may carry that manufacturer's own warranty, and the Warranty Policy explains how theirs and ours fit together.

We do not disclaim responsibility for the products we choose to sell you. If something we sold you is defective, damaged, not what you ordered, or subject to a recall, come to us. We will put it right under the Returns and Refunds Policy, whoever made it, and we will not send you away to argue with a manufacturer.

11Availability of the site

We work to keep the store available, but we do not promise uninterrupted service. Maintenance, a failure at a supplier, or something outside our control can interrupt it. We may also change, withdraw or replace a product at any time.

If the site fails while you are checking out, check your email and your order history before trying again, and tell us if you think you have been charged twice. A duplicate charge caused by our site is refunded in full, and we do not ask you to prove it was our fault.

12What we promise, and what we do not

Except where this agreement, another document listed in section 4, or the law says otherwise, the website and the general information on it are provided as they are. We do not promise that the site will be error free, that an article is complete or current, or that a product will produce a particular result for you.

Three limits on that:

• Products. It does not remove a warranty the law gives you on a product we sold you, including the implied warranties of merchantability and of fitness for a particular purpose where your state provides them. Some states do not allow those warranties to be excluded or limited, and in those states the exclusion does not apply to you.
• Our own promises. It does not affect any promise we make elsewhere in this agreement, including our commitments on returns, refunds, warranty, recalls and missing deliveries.
• Safety. It does not limit what we owe you if a product we sold you was unsafe. Nothing in this agreement is intended to reduce your rights under product safety or product liability law, and no time limit in our returns policy applies to a recall or a safety remedy.

13Limits on what we owe you

Where the law allows us to limit our liability, we limit it as follows. Neither of us is liable to the other for indirect or consequential loss, or for lost profits, lost revenue or lost data. Our total liability arising out of this agreement is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or one hundred dollars.

That limit does not apply to any of the following, and we do not ask you to agree that it does:

• death or personal injury caused by our negligence
• fraud, fraudulent misrepresentation, or willful misconduct
• our obligation to refund money you paid for something you did not receive
• liability for a defective product, to the extent the law does not permit it to be limited
• anything else that cannot lawfully be limited or excluded in your state

Some states do not allow the exclusion or limitation of certain damages. Where that is your state, the limits above apply only as far as that state allows, and the rest of this section still stands.

14Indemnity

If someone brings a claim against us because you broke this agreement, used the site unlawfully, resold a product against section 8, or infringed someone else's rights, you agree to cover our reasonable costs and any damages awarded for that claim.

This does not apply to a claim that arises from something we did wrong, from a product defect, or from our own breach of this agreement. We will tell you promptly about any claim we expect you to cover, we will not settle it without asking you first, and you may take over the defense with counsel we reasonably approve.

15Rights this agreement does not touch

Nothing in this agreement waives, limits, or conditions any of the following, and we do not require you to give any of them up in order to buy from us, to have a refund paid, or to keep an account.

• Your right to complain to a government agency, including the Federal Trade Commission, the Food and Drug Administration, the Consumer Product Safety Commission, and the attorney general of your state.
• Your right to report a safety concern about a product, to us or to a regulator, at any time. We will never treat a safety report as a breach of this agreement, and we will not condition a refund or a replacement on your keeping quiet about one.
• Your rights under our Privacy Policy, our Consumer Health Data Privacy Notice, and state privacy law.
• Any right that the law of your state says cannot be waived by an agreement like this one.

Nothing in this agreement prevents a government agency from investigating us or from obtaining relief on your behalf.

16Resolving a dispute

16.1 Talk to us first

Most problems are solved quickly by telling us about them. Before starting an arbitration or a lawsuit, send us a Notice of Dispute at support@nefense.com or to our legal notice address below. Say who you are, how to reach you, what happened, and what you want us to do about it. If we have a dispute with you, we will send you the same thing.

Both of us then have 60 days to try to sort it out. Either of us may ask for a phone or video conversation, and both of us should take part in good faith. If we settle it, that is the end of it. If 60 days pass without a resolution, either of us may start a proceeding. The 60 days do not run against a deadline the law gives you: any statute of limitations is paused while this step is under way.

16.2 What is not covered by arbitration

The arbitration agreement in 16.3 does not apply to any of the following, and you do not give up your right to go to court about them.

• Sexual assault and harassment. A dispute alleging sexual assault or sexual harassment. Under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, you may choose whether such a dispute goes to arbitration or to court, and the choice is yours alone.
• Small claims. Either of us may bring an individual claim in small claims court instead, as long as it stays in that court and is brought on an individual basis.
• Urgent protective orders. Either of us may ask a court for an injunction or a similar order to stop misuse of intellectual property, unauthorized access to a system, or a disclosure of confidential or personal information.
• Claims the law keeps in court. A claim for public injunctive relief, and any claim that the law of your state says cannot be sent to arbitration. Where a court decides such a claim must be heard in court, it is heard in court, and the rest of this section still applies to everything else.
• Government enforcement. Action by a government agency. Nothing here stops a regulator or an attorney general from acting, including on your behalf.

16.3 Individual arbitration

Except for what section 16.2 excludes, you and Nefense agree that any dispute between us arising out of or relating to this agreement, the website, a purchase, a product, or our relationship, including a dispute about whether this arbitration agreement applies, will be resolved by binding individual arbitration rather than in court, and that each of us gives up the right to a jury trial for those claims.

The arbitration is administered by the American Arbitration Association under its Consumer Arbitration Rules in effect when the arbitration is started, as modified by this section. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. If the AAA will not administer the arbitration consistent with this section, either of us may ask a court to appoint an administrator or an arbitrator instead.

• Costs. Fees follow the AAA Consumer Arbitration Rules. Where those rules require you to pay a filing fee that is more than the fee to file the same claim in your local court, we pay the difference. We also pay the arbitrator's fees and the AAA's administrative fees to the extent those rules place them on us, and we will not seek our attorney fees from you unless the arbitrator finds your claim was frivolous or brought for an improper purpose.
• Where and how. You may choose a hearing by telephone or video, a hearing on documents only, or an in-person hearing in the county where you live. We will not ask you to travel to Iowa for a hearing.
• The arbitrator and the award. One arbitrator decides the case and may award the same individual relief a court could award, including statutory damages and attorney fees where a statute provides for them. The award is written, gives reasons, is final, and may be entered as a judgment in any court with jurisdiction.
• Many similar claims at once. If 25 or more similar claims are filed against us by or with the help of the same counsel or coordinated group, the AAA's supplementary rules for multiple case filings apply, and both sides will cooperate with a staged process so cases move in batches rather than stalling. Nothing in this paragraph delays your individual claim beyond what those rules allow.

16.4 Individual basis only

Claims covered by 16.3 are brought individually. Neither of us may bring a class, collective, consolidated or representative action in arbitration, and the arbitrator may not preside over one or award relief to anyone who is not a party.

This paragraph is severable in a specific way: if a court decides the individual basis requirement is unenforceable for a particular claim, that claim, and only that claim, is taken out of arbitration and heard in court. Everything else stays in arbitration. If the individual basis requirement is found unenforceable as to all claims, then this whole section 16.3 does not apply and disputes go to the courts identified in section 17.

16.5 How to opt out of arbitration

You can refuse the arbitration agreement and keep everything else. Doing so costs nothing and changes nothing else about your account, your orders, your prices or your returns.

1. Send an email to support@nefense.com with the subject line "Arbitration opt-out", or mail a letter to our legal notice address below.
2. Include your full name, the email address on your account or on your order, and a statement that you do not agree to arbitrate.
3. Send it within 30 days of the date you first accepted these terms, or within 30 days of the date a new arbitration section takes effect, whichever applies.

We will confirm we received it. If you opt out, section 16.3 and section 16.4 do not apply to you and disputes go to the courts identified in section 17. If we change this section later, you get a fresh 30 day opt-out window for the change, and a change does not apply retroactively to a dispute we already knew about.

17Governing law and where claims are heard

Iowa law governs this agreement and any dispute arising out of it, without applying conflict of law rules that would point somewhere else.

That choice does not take away a protection your own state's law gives you that cannot be waived by agreement. If you are a consumer resident in another state, those protections still apply to you, and a term of this agreement that conflicts with one of them gives way to it.

For any claim that is not in arbitration, the state and federal courts serving Dubuque County, Iowa have jurisdiction, and both of us consent to it. This does not prevent you from bringing a claim where the law of your state entitles you to bring it, and it does not prevent either of us from enforcing a judgment elsewhere.

18Notices

We send notices to the email address on your account or on your order, or by posting them where you will see them when you sign in. Keep your contact details current; a notice we send to the address you gave us counts as delivered.

Send a formal legal notice to the legal notice address below. Everything else, including anything about an order, a delivery, a return, a refund or your privacy rights, should go to support@nefense.com, which is monitored.

19Changes to this document

We update this document when what we do changes, when the law changes, or when we find wording that is unclear. Every version is kept, and each one records the date it took effect.

How you find out depends on how much changed. A correction that does not change your rights is simply published. A change that does affect your rights is announced before it takes effect. A change that materially alters what you agreed to is not applied to you by silence: we ask you to accept it, and continuing to browse the site is not treated as acceptance.

If you want a copy of an earlier version, or want to know what changed and when, write to support@nefense.com and we will send it to you.

20The rest

If part of this is unenforceable

The rest still applies. A court or arbitrator should give an unenforceable term the narrowest reading that makes it lawful rather than striking the whole document.

If we do not enforce something straight away

We have not given up the right to enforce it later.

Transferring this agreement

You may not transfer it without our consent. We may transfer it to a company that acquires our business, and we will tell you if that happens.

The whole agreement

This document and the documents listed in section 4 are the whole agreement between us about their subject matter, and they replace earlier versions. Nothing here limits a statement we made to you that the law says we cannot disclaim.

Events outside our control

Neither of us is responsible for a delay or failure caused by something genuinely outside our reasonable control. If that happens to us, we tell you, and if we cannot deliver what you paid for, we refund you.

Doing this electronically

You agree that we may give you agreements, notices and records electronically, and that an electronic acceptance is as binding as a signature on paper. You may ask us for a paper copy of anything at any time and we will send it at no charge.

We record your acceptance of these terms against the exact version you accepted, so that both of us can later tell what the agreement said at the time.

21Contact

Use the address above only for service of a formal legal notice. For everything else, including orders, returns, billing, safety concerns and privacy requests, use the contact below. A notice sent to the wrong one of these still reaches us, but it takes longer to reach the right person.