Please read these terms and conditions of use (“Terms”) carefully. This page describes the terms and conditions governing your use of Better Sleep’s (“Better Sleep”, “we”, “us” or “our”) website, subdomains and software applications containing a link to these Terms (the “Site”). The content of this Site and any services provided on the Site are provided subject to notices, terms and conditions described herein. The terms “you” and “yours” refer to the person using the Site, or in the case of a use of the Site on behalf of an individual minor under the age of eighteen (18) or higher age of majority under applicable state law, “you” and “yours” refer to and include the parent or legal guardian who uses the Site on behalf of such minor.
Better Sleep does not provide medical advice or care. Any healthcare providers rendering medical services pursuant to referrals through the Site are independent of Better Sleep and are not contracted or employed by Better Sleep. The providers, and not Better Sleep, are responsible for the quality and appropriateness of the care they render to you. Any information or advice received from a provider comes from them alone, and not from Better Sleep. You acknowledge that your reliance on any providers or information delivered by the providers is solely at your own risk and you assume full responsibility for all risks associated herewith. Better Sleep does not make any representations or warranties about the training or skill of any providers who deliver services. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Better Sleep, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
CONSENT TO BE BOUND AND PRIVACY
The information, files, documents, text, photographs, images, audio, and any materials accessed through or made available for use or download through our Site (“Content”), including, without limitation, any information about diseases, conditions, treatments, or medicines, are for informational purposes only. The Content is not intended to be and is not a substitute for professional medical advice, diagnosis, or treatment. Nothing on our Site should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others. Inclusion of Content on our Site does not mean that we recommend a specific treatment, drug, physician, or test. Any reliance on Content is solely at your own risk. We use reasonable efforts to update this Site, but some information may become out of date over time. Except as specifically stated, Better Sleep makes no claims or warranties as to the accuracy, completeness or use of the information contained on this website.You should consult a doctor or other qualified health care professional regarding any questions you have about your health or before making any decisions related to your health or wellness. Never disregard medical advice or delay in seeking it because of something you have read on this Site or in the Content. If you are a doctor or other qualified health care professional, you should not offer any medical advice or treatment on our Site, nor should you allow the content of our Site to substitute for your own medical judgment, which you should exercise in evaluating the information on any of our Site. Please thoroughly review the information provided on our Site before deciding whether any of the products, services or treatments mentioned are right for you or others.
This Site may contain information about products that may or may not be available in certain countries, may be available under different trademarks in some countries, and may only be approved or cleared for use in certain countries subject to varying indications or restrictions. Nothing contained on this Site should be construed as a promotion or solicitation for any product or for the use of any product in a way that is not authorized by the laws and regulations of the country where the site is being accessed. Specific questions about the availability and use of products described on this Site should be directed to email@example.com.
Our Site is controlled and operated by us from our offices within the United States of America and is not intended to subject us to the laws or jurisdictions of any state, country, or territory other than the United States although the Site may be compliant with such laws. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with applicable laws, rules and regulations.
RESTRICTION ON USE
You agree not to use any of the Site or the Content: (a) in violation of these Terms or any applicable law, rule or regulation (“Law”); (b) to transmit or upload information or content that is false, inaccurate, or misleading; (c) to transmit or display any material that, in our sole discretion, is illegal, abusive, graphically distressing, inflammatory, profane, threatening, hateful, tortious, defamatory, discriminatory, obscene, sexually explicit or contains pornography, libelous, invasive of another’s privacy, hateful, or otherwise objectionable or offensive, or to harass or harm us, another entity or another individual; (d) to infringe, misappropriate or violate any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party; (e) to transmit any unsolicited or unauthorized advertising or promotional materials; (f) to transmit any material that contains adware, malware, spyware, software viruses, or any other harmful code; (g) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (h) to interfere with or disrupt any of the Site or any software, hardware, telecommunications equipment or networks used by us; (i) disparage or injure the reputation or goodwill of Better Sleep, or any of its officers, directors, or employees; (j) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (k) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site or (l) interfere with other users’ use and enjoyment of the Site (for example, by spamming, soliciting or overly promoting personal interests).
You are prohibited from violating or attempting to violate the security of any of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using any Site or any portion thereof without authorization, in violation of these Terms or in violation of Law. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting people who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any activity being conducted on any Site. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, removing the offending content from the Site, suspending or terminating the access of such violators to the Site and reporting violations to the law enforcement authorities. Notwithstanding the foregoing, Better Sleep may suspend or terminate your use of the Site for any reason at any time.
The trademarks, tradenames, logos, service marks, trade dress and products (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of ours or others. The Trademarks displayed on the Site may be protected in the United States and internationally. Ownership of the Trademarks and the goodwill associated with them remains with us or those other entities. You must abide by all rights notices, information, or restrictions contained in or attached to any Content and must not remove any trademark, copyright, or other notice from the Site or any Content. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site without our prior written permission or any third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site or any other content on the Site, except as provided in these Terms, is strictly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
You are also advised that we reserve the right to strictly and aggressively enforce our intellectual property rights to the fullest extent of the Law, including the seeking of criminal prosecution. The entire contents of this Site—including, but not limited to, images and text—are subject to copyright protection. You may not copy the contents of the Site other than for noncommercial individual reference with all copyright or other proprietary notices retained. Except as expressly provided in these Terms, via specific language on the Site, or by our prior, express, written consent, you may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, images, text, or documents contained in this Site or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such content. Nothing contained in the Site or in these Terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned or used under license by us and are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only.
THIRD PARTY CONTENT
You represent and warrant that: (a) you own or otherwise control all of the rights to the content that you post, including any intellectual property or other proprietary rights other than content that you clearly identify as third party content, e.g., links to third party websites; (b) Your Content is accurate; (c) neither Your Content nor your posting or submission of Your Content violates any of these Terms, including without limitation the prohibitions on use of the Site set forth herein; and (d) neither Your Content nor your posting or submission of Your Content will cause injury to any person or entity, including any privacy or security risk. Better Sleep has no responsibility for any of Your Content or the consequences of your sharing any of Your Content with others.
THIRD PARTY SERVICES AND SITES
Portions of the Site may allow you to use third party products and services, which may include without limitation social networking services, and the Site may contain links to third party websites or resources (such products, services, websites, and resources, collectively “Third Party Services”). We are not associated with such Third Party Services. Your use of Third Party Services is subject to the license agreements, terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services. We do not approve or endorse any Third Party Services, their content, or any views expressed on any Third Party Service, nor are the Site approved or endorsed by any Third Party Services. We have no responsibility to you for any Third Party Services. If you wish to link to any of the Site, you may include an active link on any website you control directing a browser to the home page of that Site, provided that you agree to remove the link at any time upon our request. You may not link to or otherwise provide access to any of the Site in any way that: (a) alters the look, feel, or functionality of any aspect of the Site; (b) in any way that disparages the Site or products or that could injure our reputation or goodwill or any of our products; (c) implies that we are endorsing you or your products or services; or (d) misrepresents your or your site’s relationship with us.
INDEMNITY AND RELEASE
You agree that you will release, indemnify and hold harmless us, our affiliates (if any), and our or their respective content providers, suppliers, distributors, or customers, and any of our or their respective officers, directors, employees, contractors, representatives, or agents (collectively, the “Better Sleep Parties”) for any and all claims, actions, losses, damages and expenses (including attorneys’ fees) arising out of or resulting from: (a) your use of the Site, (b) Your Content, (c) your connection to our Site, (d) your violation of these Terms, (e) or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. This defense and indemnification obligation will survive the availability and your use of the Site.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT USE OF ANY OF THE SITE, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES IS AT YOUR SOLE RISK. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BETTER SLEEP PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, QUIET ENJOYMENT, AND NONINFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE). IN PARTICULAR, THE BETTER SLEEP PARTIES DO NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR OTHER CONTENT OBTAINED OR VIEWED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT YOUR ACCESS TO THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. THE BETTER SLEEP PARTIES DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. THE BETTER SLEEP PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES.
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER LAW, IN NO EVENT WILL ANY OF THE BETTER SLEEP PARTIES BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES, (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) YOUR USE OF OR INABILITY TO USE ANY OF THE SITE, (B) ANY OF OUR CONTENT, ANY THIRD PARTY CONTENT, OR ANY THIRD PARTY SERVICES AVAILABLE THROUGH ANY OF THE SITE OR (C) ANY LOSS OF DATA. SHOULD ANY BETTER SLEEP PARTIES BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED $100.00 IN THE AGGREGATE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of the Better Sleep Parties will be the minimum permitted under such applicable Law.
MODIFICATIONS TO TERMS
You and we agree that in the event of any dispute between us, we will first try to resolve it by talking with each other. These Terms and the relationship between us will be governed by the Laws of the State of New York as applied to agreements made, entered into, and performed entirely in the State of New York. All lawsuits arising out of or relating to these Terms or your use of any of the Site will be brought in the federal or state courts located in New York County, New York. We and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose and waive any objection to such courts on any basis, including without limitation improper venue or inconvenience of the forum.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may only resolve disputes with us on an individual basis and may not bring and expressly waive bringing a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF YOUR USE OF THE SITE OR THESE TERMS. ELECTRONIC COMMUNICATIONS NOTICE.
When you use the Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable Site. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use the Site.
The Site may include certain services that are available via a mobile device, including (a) the ability to upload content to the Site via a mobile device; and (b) the ability to browse the Site from a mobile device (collectively, the “Mobile Site”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain elements of the Mobile Site may be prohibited or restricted by your carrier, and not all aspects of the Mobile Site may work with all carriers or devices. By using the Mobile Site, you agree that we may communicate with you regarding Better Sleep by electronic means and that certain information about your usage of the Mobile Site may be communicated to us.
NOT AN INVITATION TO DEAL
Nothing on this website constitutes an invitation or offer to invest or deal in the securities. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this website, and the past performance of the price of securities must not be relied on as a guide to their future performance.