Our Terms of Service (“Agreement”) is a binding legal contract between Sleepytime, (“we”, “us”, or “our”) and you (“you”, “your” or “User”), and governs your use of (1) our website, Sleepytime (the “Site”); and (2) everything we make available to you through the Site (collectively and individually, the “Services”). By accessing the Site, you are agreeing to be bound by this Agreement, which includes our Privacy Policy. If you do not agree with any of these terms, you are prohibited from using or accessing the Site. You understand and agree that when we say “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information, or communication associated with the Services.
Persons who are under 14 years of age are prohibited from using any Services offered by or through the Site that require personal information as a condition of use.Nothing on the Site is intended to diagnose, treat, cure, or prevent any disease or medical condition. Also, no information on the Site constitutes medical advice, and it should not be relied upon as such. You should consult with your doctor before taking any action based on information contained on this Site.
WE DO NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY WEBSITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE.
WE PROVIDE ANY AND ALL SERVICES AND INFORMATION ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services, materials on the Site, or on any websites linked to this Site.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY SERVICES, REGARDLESS IF CAUSED BY OUR NEGLIGENCE OR GROSS NEGLIGENCE AND REGARDLESS OF THE FORM OF ACTION, THE BASIS OF THE CLAIM, OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BEYOND ANY CERTAIN MONETARY AMOUNT. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND REPRESENTATIVES FROM AND/OR FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
As a matter contract, you agree that you will not download or copy any material on the Site for any purpose, commercial or otherwise, without our express written permission. You further warrant and represent that we will be entitled to disgorge any and all gross revenues you receive through the use of any of our content, regardless if a portion of any revenue was or may have been generated through another source but is not capable of being proportionately attributed to the sources. We reserve the right to terminate, block, or restrict your access to, or use of, the Site for any breach or suspected violation of any provision of this Agreement. In such an event, we may terminate this Agreement, restrict, suspend, or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us.
The information on the Site could be outdated, incorrect, or incomplete and/or include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site are accurate, complete, or current. In our sole discretion, we may make changes to the materials contained on the Site at any time without notice. However, we do not make any commitment to update anything on the Site. Likewise, we reserve the right to modify the terms of this Agreement at any time, without notice, and it is your responsibility to periodically review the Site, along with this Agreement, for revisions. Revisions to terms and conditions on the Site become effective immediately upon posting. By using the Site, you are agreeing to be bound by the most current version of this Agreement.
We may provide links to other websites or resources owned and operated by third parties. We have no control over such websites; therefore, you acknowledge and agree that (1) we are not responsible for the availability of such websites; and (2) we are not responsible or liable for any content, advertising, products, services, or other materials on or otherwise made available through such websites. You further warrant and represent that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on, any such content, goods, or services, and that the use of any such content, goods, or services is completely at your own risk. Simply because you see a link to a third-party’s website or an advertisement on our Site for a product or service, it does not mean that we are familiar with the third-party or its products, or that we may endorse or recommend the third-party or its products or services. Unless we expressly state otherwise on our Site, we do not endorse or recommend any third-party or its products or services.
You agree to defend, indemnify, and hold us harmless against any losses, expenses, costs, or damages (including our attorneys’ fees, expert fees’ and other costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of any provision contained in this Agreement, and/or (b) your use of the Services. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding obligation to defend will end; however, your duty to indemnify shall continue.
This Agreement shall be governed in accordance with the laws of the State of Arizona, USA, notwithstanding any conflict-of-law provisions to the contrary. All disputes related to this Agreement or the Services shall be resolved by litigation in the federal or state courts located in the State of Arizona, USA, Maricopa County, and each Party irrevocably consents to the jurisdiction of such courts, regardless of whether the action arises out of tort or contract, and hereby waives any jurisdictional or venue defenses available.
If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing or by revisions we post on the Site. The Site, as posted and amended in the future, and this Agreement, as posted and amended in the future, shall be the valid document respecting the rights and obligations of you and us.
If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction such invalidity shall not affect the validity or operation of any other term, clause, or provision and such invalid term, clause, or provision shall be deemed to be severed from the Agreement. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights, and similar provisions set forth in this Agreement.
You agree that any claim or defense arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be brought or asserted within one (1) year after the action or inaction occurred that gave rise to such claim or defense or will be forever barred, regardless of any statute of limitations, time of discovery statute or rule, savings statute, tolling statute or doctrine, equitable doctrine, or other theory that may be used to extend the time in which a claim or defense can be asserted.
In the event of a breach or threatened breach by you of any of the provisions of this Agreement pertaining to intellectual property or unauthorized use of the Site, you hereby consent and agree that we shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of relief. Upon the issuance of any injunctive relief, we shall be entitled to recover from you, as part of our costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).