Terms of Use
Welcome to the Pure Sleep® Company website, www.puresleep.com, and its sub directories (together the “Site”). The Site is operated by The Pure Sleep Company (“PSC”, “We” or “Us”). Your use of and access to the Site is conditional upon your acceptance of these Terms of Use (“Terms”) including the Privacy Policy which is incorporated herein. We reserve the right, in our sole discretion, to modify or update these Terms from time to time, without notice and with immediate effect. It is your responsibility to review these Terms periodically for updates.
AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OR THE PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THE TERMS AND THE PRIVACY POLICY.
Intellectual Property and Content Rights. Unless otherwise noted, the copyrights to all materials, text, images, content and layout of the Site (including user and visual interfaces, images, look and feel, design, sound, etc..., and any underlying software and computer codes) are proprietary to Us, our affiliates, parents, subsidiaries, or licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. © 2007-2012 The Pure Sleep Company. All rights reserved. PureSleep® and the PureSleep logo are registered trademarks of PSC. Any other product names are trademarks or registered trademarks of their respective owners.
You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any content from or portion of the Site or make any derivative works from the Site in any way without PSC's express prior written consent. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site. Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Use of the Site. We maintain the Site for your personal information. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media.
You may not use this Site to: (1) transmit any information, data, text, images, files, links, or software except in connection with your authorized use of the Site or otherwise in response to specific requests for information by Us; (2) obtain unauthorized access to any computer system; (3) impersonate any other person, including but not limited to, a registered user of the Site or a Pure Sleep Company employee or contractor; or (4) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
By using the Site, you agree to indemnify, hold harmless and defend PSC from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Site.
Modifications to Site. The information on the Site is believed to be reliable; however, the information may contain inadvertent errors or inaccuracies. We reserve the right to make changes to prices, document names, content, product descriptions, specifications, or other information without notice.
Notice of Infringement. If you believe that your work or mark has been copied in a way that constitutes copyright or trademark infringement, please provide a Notice with the following information to the Site's Agent:
* An electronic or
physical signature of the person authorized to act on behalf of the
owner of the intellectual property interest;
* A description of
the work or mark that you claim has been infringed;
* A
description of where the material that you claim is infringing is
located on the Site;
* Your address, telephone number and e-mail
address;
* A statement by you that you have a good-faith belief
that the disputed use is not authorized by the rightful owner, it's
agent or the law;
* A statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and
that you are the rightful owner or authorized to act on the rightful
owner's behalf.
Our Agent for Notice is:
Copyright Agent
The Pure Sleep Company
900 Larkspur Landing Circle
Larkspur, CA 94939
No Warranties. PSC DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.
PSC also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
Limitation of Liability. In no event shall PSC be liable to any user of the Site or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary, punitive damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the Site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if PureSleep has been advised of the possibility of such damages or losses.
Indemnification. You agree to defend, indemnify and hold PSC its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of the Terms, or your violation of any rights of another.
On-Line Stores; Promotions. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including but not limited to contests, sweepstakes, invitations, or other similar features (each an "Application"), all of which additional terms and conditions are made a part of the Terms by reference. By using the Site you agree to abide by such Application terms and conditions. If there is a conflict between the Terms and the terms of the Application, the terms of the Application will control as relating to the Application.
Communication with the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. PSC will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Any content or comments you transmit to Us becomes the property of PSC and may be used by PSC or its affiliates for any purpose, including, but not limited to, worldwide, unlimited reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, PSC is free to use any ideas, designs, words, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose what so ever including, but not limited to, developing, manufacturing and marketing products using such information.
PSC is under no obligation to monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any information within such locations on the Site. PSC assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of the Site.
Links to Other Websites. This Site may provide, as a convenience to you, links to sites owned or operated by parties other than PSC. Each linked-to website has its own terms and conditions of use, as described in that site's legal notice/terms of use. Those terms and conditions may be different than Our Terms, and We urge you to read each website's legal notice/terms of use carefully before you use that site. PSC does not control, and is not responsible for the availability, content or security of these external websites, nor your experience interacting or using these external sites.
Third Party Products. Descriptions of, or references to, products, publications or websites not owned by PSC or its affiliates do not imply endorsement of that product, publication or website.
Void Where Prohibited. We make no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws are applicable. Void where prohibited.
Agreement to Arbitrate, Waiver of Trial, Choice of Law and Venue. The Terms shall be governed and interpreted pursuant to the laws of the state of California, notwithstanding any principles of conflicts of law. BY USING THIS SITE YOU AGREE TO RESOLVE ANY DISPUTES AND CLIAMS YOU HAVE WITH PSC EXCLUSIVELY THROUGH BINDING ARBITRATION IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE BOTH YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PSC, SLEEP SCIENCE PARTNERS, INC, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES. In order to seek arbitration, you must first send a certified letter to: General Counsel, The Pure Sleep Company, 900 Larkspur Landing Circle, Larkspur, CA 94939, which states (a) the nature and basis for the claim or dispute, and (b) the specific relief sought. If PSC and you do not reach an agreement to resolve the claim within 30 days of PSC's receipt of your letter, then you may commence arbitration through and under the commercial rules of the American Arbitration Association (http://www.adr.org). You agree that such arbitration shall take place exclusively in San Francisco, CA and may be conducted via telephone and/or web video.
The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, PureSleep shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Northern District of California, the Superior Court of California located in Marin County or any other court of competent jurisdiction.
Severability. If any part of the Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No Waiver. Waiver of any part of the Terms does not constitute a continuing waiver of that part or a waiver of any other term.
Entire Agreement. These Terms, the Privacy Policy and any other terms or agreements incorporated herein, constitute the entire agreement between the parties relating to the subject matter herein and supersede any prior agreement. Please click here to read our Privacy Policy which is incorporated herein.
If you have any questions about these Terms of Use, please write us at the address below.
Updated July 19, 2012.
USE OF PURESLEEP'S WEB SITE AND CONTENT
We may alter, suspend, or discontinue this web site in whole or in part, at any time and for any reason, without notice or cost. The web site may periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that we authorize you to view, copy, download, and print posted documents (such as price lists, papers, forms, catalogs, manuals, and FAQs) that are available on this web site, subject to the following conditions:
1. The documents may be used solely for your personal informational purposes.
2. The documents may not be modified.
3. Copyright, trademark, and other proprietary notice may not be removed.
Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this web site.
By using this web site, you agree to indemnify, hold harmless and defend us from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of this web site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all text and images contained on this web site are the property of PureSleep and/or its affiliates, parents, subsidiaries, or licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. © 2007 The PureSleep Company. All rights reserved. PureSleep and the PureSleep logo are trademarks of The Pure Sleep Company. Any other product names are trademarks or registered trademarks of their respective owners.
ACCURACY OF CONTENT AND FUTURE MODIFICATIONS TO WEB SITE
The information on this web site is believed to be complete and reliable; however, the information may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to prices, document names and content, product descriptions or specifications, or other information without obligation to issue any notice of such changes.
PROHIBITED CONDUCT
Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this web site to: (1) transmit via or through the site any information, data, text, images, files, links, or software except in connection with your authorized use of this web site or otherwise in response to specific requests for information by us; (2) introduce viruses, worms, Trojan horses and/or harmful code on the Internet; (3) obtain unauthorized access to any computer system; (4) impersonate any other person, including but not limited to, a registered user of this web site or a PureSleep employee; or (5) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN
If you believe that any materials on this web site infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must: (1) identify the allegedly infringing materials; (2) indicate where an authorized version can be obtained; (3) provide your name and contact information; (4) state that you have a good faith belief that the materials are infringing; (5) state that the information in your claim is accurate; and (6) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. To contact our agent for copyright issues relating to this web site email: legal@PureSleep.com, or call 415-448-7725.
DISCLAIMER OF WARRANTY
All text, images, and other information on or accessible from this web site are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Specifically, but without limitation, PureSleep does not warrant that: (I) the information available on this web site is free of errors; (ii) the functions contained on this web site will be uninterrupted or free of errors; (iii) defects will be corrected, or (iv) this web site or the server(s) that makes it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
In no event shall PureSleep be liable to any user of the PureSleep web site or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of the use or inability to use the PureSleep web site or any information contained thereon, whether based upon warranty, contract, tort, or otherwise, even if PureSleep has been advised of the possibility of such damages or losses.
THIRD PARTY LINKS
Our site contains links to third party links. If you leave PureSleep.com by linking to a third party link, you will be subject to such third party's privacy policies and procedures and this Privacy Statement will no longer apply. PureSleep is not responsible for the content of third party links or the use, collection or dissemination of information on such third party links.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by PureSleep of that third party or of any product or service provided by a third party. Likewise, a link to any non-PureSleep web site does not imply that we endorse or accept any responsibility for the content or use of such a web site.
JURISDICTIONAL ISSUES
We make no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
ENFORCEMENT OF TERMS OF USE
These Terms of Use shall be governed and interpreted pursuant to the laws of the state of California, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in the English language in San Francisco, California, U.S.A., by a sole, jointly appointed arbitrator, under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, PureSleep shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Northern District of California or any other court of competent jurisdiction.
SEVERABILITY
If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
CONTACT INFORMATION
If you have any questions about these Terms of Use, please call 415-448-7725
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