Website Terms And Conditions Of Use
We have taken every effort to design our Web site to be useful,
informative, helpful, honest and fun. Hopefully we’ve
accomplished that — and would ask that you let us know
if you’d like to see improvements or changes that would make
it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and
Conditions. Take a few minutes to look them over because by using
our site you automatically agree to them. Naturally, if you don’t
agree, please do not use the site. We reserve the right to make any
modifications that we deem necessary at any time. Please continue
to check these terms to see what those changes may be! Your continued
use of this website means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the SleepEasily.com site, including, without
limitation, text, software, names, logos, trademarks, service marks,
trade names, images, photos, illustrations, audio clips, video clips,
and music are copyrighted intellectual property. All usage rights
are owned and controlled by SleepEasily.com. You, the visitor, may
download Online Materials for non-commercial, personal use only provided
you:
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retain all copyright, trademark and propriety notices
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you make no modifications to the materials,
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you do not use the materials in a manner that suggests an
association with any of our products, services, events or brands,
and
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you do not download quantities of materials to a database,
server, or personal computer for reuse for commercial purposes.
You may not, however, copy, reproduce, republish, upload, post,
transmit or distribute Online Materials in any way or for any other
purpose unless you get our written permission first. Neither may
you add, delete, distort or misrepresent any content on the SleepEasily.com
site. Any attempts to modify any Online Material, or to defeat or
circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying
it, is considered licensed to you by SleepEasily.com or third-party
licensors for your personal, non-commercial home use only. We do
not transfer title of the software to you. That means that we retain
full and complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute
or sell the material or to reverse-engineer, disassemble or otherwise
convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information
that you send to SleepEasily.com through our site (other than information
we promise to protect under our privacy policy becomes and remains
our property, even if this agreement is later terminated.
That means that we don’t have to treat any such submission
as confidential. You can’t sue us for using ideas you submit.
If we use them, or anything like them, we don’t have to pay
you or anyone else for them. We will have the exclusive ownership
of all present and future rights to submissions of any kind. We can
use them for any purpose we deem appropriate to our SleepEasily.com
mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you
make. This means that you (and not we) have full responsibility for
the message, including its legality, reliability, appropriateness,
originality, and copyright.
Limitation of Liability
SleepEasily.com will not be liable for any damages or injury that
accompany or result from your use of any of its site. These include
(but are not limited to) damages or injury caused by any:
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Use of (or inability to use) the site
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Use of (or inability to use) any site to which you hyperlink
from our site
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Failure of our site to perform in the manner you expected
or desired
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Error on our site
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Omission on our site
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Interruption of availability of our site
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Defect on our site
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Delay in operation or transmission of our site
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Computer virus or line failure
Please note that we are not liable for any damages, including:
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Damages intended to compensate someone directly for a loss
or injury:
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Damages reasonably expected to result from a loss or injury
(known in legal terms as "consequential damages.")
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Other miscellaneous damages and expenses resulting directly
from a loss or injury (known in legal terms as "incidential
damages.")
We are not liable even if we’ve been negligent or if our authorized
representative has been advised of the possibility of such damages
or both.
Exception: certain state laws may not allow us to limit or exclude
liability for these "incidental" or "consequential" damages.
If you live in one of those states, the above limitation obviously
would not apply which would mean that you might have the right to
recover these types of damages.
However, in any event, our liability to you for all losses, damages,
injuries, and claims of any and every kind (whether the damages are
claimed under the terms of a contract, or claimed to be caused by
negligence or other wrongful conduct, or they’re claimed under
any other legal theory) will not be greater than the amount you paid
if anything to access our site.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide
Web sites from our site. Such a link should not be seen as an endorsement,
approval or agreement with any information or resources offered at
sites you can access through our site.
If in doubt, always check the Uniform Resource Locator (URL) address
provided in your WWW browser to see if you are still in a SleepEasily.com-operated
site or have moved to another site.
SleepEasily.com is not responsible for the content or practices
of third party sites that may be linked to our site. When SleepEasily.com
provides links or references to other Web sites, no inference or
assumption should be made and no representation should be inferred
that SleepEasily.com is connected with, operates or controls these
Web sites.
Any approved link must not represent in any way, either explicitly
or by implication, that you have received the endorsement, sponsorship
or support of any SleepEasily.com site or endorsement, sponsorship
or support of SleepEasily.com, including its respective employees,
agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You
may terminate this agreement at any time, by destroying all materials
obtained from all SleepEasily.com Web site, along with all related
documentation and all copies and installations. SleepEasily.com may
terminate this agreement at any time and without notice to you, if,
in its sole judgment, you breach any term or condition of this agreement.
Upon termination, you must destroy all materials. In addition, by
providing material on our Web site, we do not in any way promise
that the materials will remain available to you. And SleepEasily.com
is entitled to terminate all or any part of any of its Web site without
notice to you
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States,
you are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced
in accordance with the laws of the State of Colorado,
as it is applied to agreements entered into and to be performed entirely
within such jurisdiction.
To the extent you have in any manner violated or threatened to violate
SleepEasily.com and/or its affiliates' intellectual
property rights, SleepEasily.com and/or its
affiliates may seek injunctive or other appropriate relief in any
state or federal court in the State of Colorado,
and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator in
the following location: Boulder, Colorado.
Any costs and fees other than attorney fees associated with the mediation
will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location:Boulder, Colorado under
the rules of the American Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any court
with jurisdiction to do so.
SleepEasily.com may modify these Terms of
Use, and the agreement they create, at any time, simply by updating
this posting and without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.
The application of the United Nations Convention on Contracts for
the International Sale of Goods, as amended, is expressly excluded.
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