By continuing to use the Services, You agree as follows:
- You are at least 18 years old or have been legally emancipated;
And if Your minor child is using the Services, You are the legal parent or guardian of the child(ren) that will use the Services and You agree to allow your child(ren) to use the Services;
- You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
- You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by SleepSpace from time to time; and
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION HIGHLIGHTED IN THE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND SLEEPSPACE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE SERVICES, AND UNLESS YOU OPT-OUT, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING DR.SNOOZE@SLEEPSPACE.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Effective: July 8, 2021
Last Updated: July 8, 2021
What Are The Services?
The Services are intended to provide a convenient platform for (1) Users to use to monitor, track, and transmit their heart rate, motion data, sound data, location data, eeg data, and/or other physiological data, in addition to subjective data about sleep and habits that may include alcohol and medication use, for the purpose of displaying sleep stages, quality, efficiency, cortical arousals, estimates of hypopneas and other analyses related to sleep health in real time and, where applicable, communicate that information to their SleepSpace provider (the “Provider”), and (2) Providers to use to proactively track and analyze User data for review and to make sleep coaching and care decisions. It is not intended for use by Providers or Users for continuous user monitoring in such a way that would allow immediate clinical action in an emergency situation.
By accepting these Terms, You agree and acknowledge that We do not provide clinical, laboratory, or supplement manufacturing services. Our role is limited to supporting and facilitating Your access to these products and services via Our App. Each third-party affiliate is responsible for the products and services provided. YOU HEREBY AGREE AND ACKNOWLEDGE THAT SLEEPSPACE IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREES THAT THE INFORMATION, PROCESSES, PRODUCTS AND OTHER ITEMS REFERENCED IN THE APP ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-USER RELATIONSHIP WITH YOU.
If at any time You are concerned about the care or treatment You receive from professionals affiliated with the Services (“Providers”), please contact Your primary care physician or other current treatment provider. If You believe or suspect or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
A PROVIDER’S USE OF OUR SERVICES TO DELIVER COACHING SERVICES TO YOU IS NOT AN ENDORSEMENT OR RECOMMENDATION OF SUCH PROVIDER BY SLEEPSPACE. WE DO NOT PROVIDE MEDICAL ADVICE, AND WE ARE NOT RESPONSIBLE FOR OR IN CONTROL OF THE MEDICAL ADVICE PROVIDED TO YOU BY PROVIDERS, EVEN IF SUCH ADVICE IS PROVIDED THROUGH THE SERVICES.
We do not confirm the credentials of any Provider using the Services. We do not validate that any such persons are in good standing with their respective licensure board(s) or that they are using the Services in accordance with laws applicable to their scope of practice. It is Your responsibility to separately confirm that a Provider is in good standing with his or her respective licensing board(s) and to exercise whatever other due diligence You feel appropriate in selecting and maintaining Your choice of healthcare professionals.
Any advice provided by a Provider through the Services is based on the information You provide. If You do not provide complete and accurate information, the advice You receive may not be accurate or appropriate. Questions and information collected from You through the Services are designed for informational and or research purposes and to identify potential patterns in symptomologies and treatments.
General information available through the Services about medical conditions, symptomology, available drugs, treatment options, or other general information such as educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay in obtaining medical advice from a physician or other qualified healthcare professional because of something contained in the Services.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTH CARE PROFESSIONAL OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately. Never disregard, avoid, or delay obtaining medical advice from a doctor or other qualified healthcare professional because of something learned or instructed via the Services. THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROFESSIONALS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.
Who Is Eligible To Use The Services?
You must register to create an account (“User Account”) and become a “Registered User” to use the Services. To register, You must create a username and provide Your name, Your email address, and other information specified in the registration form (“Registration Data”). You may change or correct information in Your account by contacting SleepSpace at email@example.com. You agree not to register for a User Account on behalf of an individual other than Yourself unless You are legally authorized to bind such person to these Terms. By registering another person, You hereby represent that You are legally authorized to do so.
By registering for an account and using the Services, You represent and warrant:
- That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
- Your Registration Data is true, accurate, current, and complete;
- You will update Your Registration Data as needed to maintain its accuracy;
- You are authorized to create a User Account (either for Yourself or another person);
- You are legally authorized to view information accessible through the Services;
NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
How Will We Tell You If We Change These Terms?
With the exception of the Arbitration Agreement (see “Dispute Resolution” section) included at the end of these Terms, SleepSpace reserves the right to change or modify these Terms at any time without prior notice to You. If We materially change or modify these Terms, We will let You know by
(1) posting a new version of the Terms to the App and/or (2) sending you a notification to the email address you provided Us in the Registration Data.
If You continue to use the Services after We have let You know that We have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer or mobile device.
Who Owns The Services?
SleepSpace owns the Services, including all content and functionality You access through the App. Subject to Your compliance with these Terms, SleepSpace grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services by accessing the App via User's computer or mobile device.
You may not use SleepSpace’s name, trademarks, service marks, or logos, or those of third parties appearing on or affiliated with the Services in any advertising or publicity or to otherwise indicate SleepSpace’s or such third party’s sponsorship or affiliation with any product or service without express written permission from SleepSpace or such third party.
App Store & Google Play
If You downloaded the Application from the Apple App Store or Google Play (the “App Provider”), by agreeing to this Agreement, You acknowledge that You understand and agree to the following:
- This Agreement is only between You and SleepSpace and not between You and the App Provider, and only SleepSpace is responsible for the Application (not the App Provider);
- The App Provider has no obligation to furnish any maintenance or support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, (i) You may notify the App Provider and the App Provider will refund the purchase price for the Application to You (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Application, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the App Provider’s responsibility;
- The App Provider is not responsible for addressing any claims You have or any claims of any third party relating to the Application or Your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- In the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; and
- The App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to Your license of the Application. This means that, upon Your acceptance of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to Your license of the Applications against You.
For Apple users only: If You downloaded the Application from the App Store, the license granted to You in this Agreement is non-transferable and is for use of the Applications on any Apple products that You own or control.
What Are You Prohibited From Doing?
You may use the Services only for lawful purposes and in accordance with these Terms, In addition, We impose certain restrictions on Your use of the Services, which are highlighted below.
While using the Services, You shall not:
- provide false, misleading or inaccurate information to Us or any other User or Provider;
- use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- impersonate or attempt to impersonate Us, one of Our employees, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- use or attempt to use any manual process, engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the App for any use, including without limitation, use on third-party websites, without Our consent;
- use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to use the Services;
- access content or data not intended for You, or log onto a server or account that You are not authorized to access;
- violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- attempt to probe, scan, or test the vulnerability of the App or any associated system or network, or breach security or authentication measures without proper authorization;
- interfere or attempt to interfere with the use or functionality of the App by any other user or Provider, host or network, including, without limitation by means of submitting a virus, trojan horse, worm, logic bomb or other material which is malicious or technologically harmful, overloading, "flooding," "spamming," "mail bombing," or "crashing";
- forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the App;
- post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
- post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by US, You, or any other third-party (including another user) to protect the App;
- attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Services. Any violation of this section may subject You to civil and/or criminal liability;
- engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Us, may harm the Us, Users, or Providers of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the App;
- connect or use the Device(s) with any application or software platform other than the App; or
- encourage or enable any other individual to do any of the above.
We are not obligated to monitor Your use of the Services, but We may do so to ensure Your compliance with these Terms, and to respond to law enforcement or other government agencies if and when We are required to. SleepSpace reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.
How Should You Protect Your Login Information?
The App is designed to require Users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (A) maintaining the strict confidentiality of Your User Credentials, (B) not allowing another person to use Your User Credentials to access the Services, (C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials, regardless of whether You were aware of those activities. You agree to immediately notify Us in writing by email of any unauthorized use of Your User Credentials or any other compromise of the security of Your User Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL DATA, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by SleepSpace and/or its affiliates, officers, directors, and representatives (“Company Representatives”) due to someone else’s use of Your account or password, regardless of whether You were aware of such use.
How Do We Protect Your Privacy?
You expressly acknowledge and agree that We are neither responsible for nor liable to You or any third party for the treatment of Your Personal Data by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of Your Personal Data, whether or not such treatment violates applicable law or the third party’s privacy practices.
Computer Equipment and Internet Access
You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, "Systems") necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.
THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.
How Can You Opt-Out Of Receiving Emails From Us?
In providing the Services, You may receive periodic email communications that are essential to the proper functioning and delivery of the Services (e.g., information regarding Your User Account), which are part of the Services, and which You cannot opt out of receiving.
When such messages are sent to You via the Web Portal, You will receive an email alert indicating that a message has been received.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS. Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply Our endorsement or recommendation.
Certain features, aspects, products and services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). For example, We use Third-Party Services to provide You with log-in assistance and to fulfill customer service requests.
If use of Third-Party Services may be subject to additional terms and conditions. You will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
Your Representations and Warranties
You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable laws, regulations, rules, and any SleepSpace policies and procedures We provide to You in writing. Specifically, YOU REPRESENT AND WARRANT THAT YOU ARE LEGALLY AUTHORIZED TO SHARE PERSONAL DATA (BELONGING TO YOURSELF OR OTHERS ON WHOSE BEHALF YOU ARE SUBMITTING SUCH PERSONAL DATA) WITH US.
Warranty Disclaimers & Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SLEEPSPACE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SLEEPSPACE MAKES NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SLEEPSPACE MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SLEEPSPACE OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITHIN THE APP AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION PROVIDERS, CAREGIVERS, AND OTHER AUTHORIZED THIRD PARTIES.
WE CANNOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. WE THEREFORE WILL NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE APP.
YOUR RESPONSIBILITY FOR LOSS OR DAMAGE
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SLEEPSPACE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER SLEEPSPACE NOR ANY OTHER COMPANY REPRESENTATIVE INVOLVED IN CREATING, PRODUCING, MAINTAINING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND MEDICAL MALPRACTICE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SLEEPSPACE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.
YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. SLEEPSPACEIS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR GUIDANCE AVAILABLE THROUGH THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SLEEPSPACE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $500 USD. ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SLEEPSPACE AND COMPANY REPRESENTATIVES FROM ANY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SERVICES, YOUR VIOLATION OF THIS AGREEMENT, OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Feedback and Who Owns It
We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing Us at firstname.lastname@example.org. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
Termination of Your Account
If You breach any of these Terms, We may suspend or disable Your account or terminate Your access to the Services without prior notice to You. There may be other instances where We may need to terminate Your access to the Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Services at any time, with or without cause.
If You wish to terminate Your account, please contact SleepSpace at email@example.com immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer or mobile device.
*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*
Most User concerns can be resolved quickly and to Your satisfaction by emailing support at firstname.lastname@example.org. In the unlikely event that our support team is unable to resolve a complaint You may have (or if We have not been able to resolve a dispute with You after attempting to do so informally), including but not limited to any alleged breach of these Terms, You and agree to resolve the dispute through binding arbitration in the before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and the laws of without reference to its conflict of laws provisions. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.
This agreement to arbitrate will not preclude You or SleepSpace from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or SleepSpace from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN State of DELAWARE; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
Exceptions to Agreement to Arbitrate: SleepSpace may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the App or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting email@example.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You hereby submit to the exclusive jurisdiction of any state or federal court sitting in the State of Delaware in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
General Contract Terms
These Terms shall be governed by the laws of the State of Delaware without reference to its conflict of laws provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without SleepSpace’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. SleepSpace may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by SleepSpace via email (in each case to the address that You provide); and/or (ii) by posting to the App. For notices made by email, the notice will be effective as of the date the notice is first transmitted. You agree that any notice received from SleepSpace electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH SLEEPSPACE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY DR.SNOOZE@SLEEPSPACE.COM OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.
You shall give any notice to SleepSpace by email to: firstname.lastname@example.org. Notice to SleepSpace shall be effective upon receipt of notice by SleepSpace.
NO INADVERTENT WAIVER
The failure of SleepSpace 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 such right or provision will be effective only if in writing and signed by a duly authorized representative of SleepSpace. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.
INTELLECTUAL PROPERTY RIGHTS
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (d) trade secrets, (e) mask works, and (f) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
As between You and Us, all right, title and interest, including all Intellectual Property Rights, in the Services, any related materials, logos, products, and documentation, and any other property or materials furnished or made available hereunder, and all modifications and enhancements thereof, belong to and are retained solely by SleepSpace or its licensors, vendors and affiliates, as applicable. All rights not expressly granted are reserved by Us. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
You represent and warrant that: (i) You own the Content or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the App does not result in a breach of contract between You and a third party. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of Content You post on or through the Services. You also acknowledge and agree that Your Content is non-confidential and non-proprietary.
SleepSpace may review and remove Your Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users or Providers of the Services.
Reporting Alleged Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the App infringe Your copyright, You may request removal of those materials (or access to them) from the App by submitting written notification to Our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the App, a representative list of such works.
- Identification of the material You believe to be infringing in a sufficiently precise manner to allow Us to locate that material.
- Adequate information by which We can contact You (including your name, postal address, telephone number, and, if available, email address).
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
Please send the DMCA Notices to Our copyright agent: Michael Downs, One Stamford Plaza 263 Tresser Blvd, 9th Floor, Stamford, CT 06901.
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective.
Please be aware that if You knowingly materially misrepresent that material or activity on the App is infringing Your copyright, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
SleepSpace reserves the right, in its sole discretion, to terminate the account or access of any User of the Services who is the subject or repeated DMCA or other infringement notifications.
Proactive Life Inc. d/b/a SleepSpace
NYC, NY 10012
DATA SECURITY OFFICER:
Jeremiah J Merrick