Terms and Conditions
Accuracy of Information
Sleep Icon, LLC does not warrant that the product descriptions, colors or other content available on the Website is accurate, complete, reliable, current, or error-free.
Restrictions on Use
You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without Sleep Icon, LLC’s prior written consent, which consent may be withheld in its sole discretion. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii)hyperlink to this Site without the express prior written consent of an authorized representative of Sleep Icon, LLC. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party, in a manner that is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Sleep Icon, LLC in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.
The material and content accessible on this Site, and any other site owned, operated, licensed, or controlled by Sleep Icon, LLC (the “Content”) is proprietary information of Sleep Icon, LLC and its subsidiaries or the party that provided the Content to Sleep Icon, LLC, and it or the party that provided the Content to Sleep Icon, LLC retains all right, title, and interest in and to the Content.Content may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Sleep Icon, LLC, which may be withheld in its sole discretion. In doing so, you may not remove or alter, or cause to be removedor altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates Sleep Icon, LLC’s intellectual property rights.Neither title nor intellectual property rights are transferred to you by access to this Site.
This Site may be hyperlinked to other sites which are not maintained by, or related to Sleep Icon,LLC. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Sleep Icon, LLC. Sleep Icon, LLC has not reviewed such sites and is not responsible for their content. Hyperlinks are to be accessed at the user's own risk, and Sleep Icon, LLC makes no representations or warranties about the content, completeness, or accuracy of such hyperlinks or the sites hyperlinked to this Site. Sleep Icon, LLC is not responsible for any hyperlinked site’s privacy policies or Terms and Conditions and Sleep Icon, LLC takes no responsibility for such sites. A hyperlink to a service or site is not an endorsement of the service of the site, its content, or its sponsoring organization. Furthermore, Sleep Icon, LLC shall not be
liable for any direct or indirect system damage or other problems you may incur as a result of
linking to a Website, including consequences arising from your accessing third-party
technologies, sites information and/or programs.
What Information is Collected by the Site
In general, you can visit the Site while remaining anonymous by not providing any Personal Information. In some cases, non-personal information may be automatically collected, such as your Internet browser, computer operating system, domain name of your Internet service provider, and/or the Website from which you linked to our Site. Personal Information about you(e.g., your name, address, telephone number, SSN, and/or e-mail address) will not be collected unless you provide it to us voluntarily. For example, Sleep Icon, LLC retains e-mail addresses of visitors who respond to the Site's e-mail forms, online forms, registration forms, and surveys and contest entries, if any. Sleep Icon, LLC also retains information about the frequency of Site visits, duration of each visit, and aggregate information on which Site pages visitors access. If you choose not to provide personally identifiable information, we may not be able to respond to a request, or an error message may be displayed on your browser.
Sleep Icon, LLC sends Site visitors “cookies” a small data file sent by the Site to your browser,which may then be stored on your hard drive. The Sleep Icon, LLC cookie enables the Site to recognize you if you have utilized certain Site features. In addition, the cookie may recall information so that you do not have to resubmit it, and also automatically updates Site information. If available, you may program your browser software to notify you of attempts to send cookies and/or you may decline to accept or delete them.
Violations of Rules and Regulations
Sleep Icon, LLC reserves the right to seek any remedy available at law or in equity for any violation of these Terms and Conditions, including the right to block access from a particular Internet address to this Site.
Passwords used to access any features for this Site (if any) are for individual use only. You will be responsible for the security of your password. Sleep Icon, LLC will be entitled to monitor your password and, at their discretion, require you to change it. If you use a password that Sleep Icon, LLC considers insecure, Sleep Icon, LLC will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Sleep Icon, LLC reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Sleep Icon, LLC reserves the right to investigate suspected violations of these Terms and Conditions.
You agree that Sleep Icon, LLC shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your password. If you permit access to your password by third parties, then you agree to defend, indemnify and hold Sleep Icon, LLC harmless against any liability, losses, damages, or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of this Site. Sleep Icon, LLC reserves the right to block access to this Site for any reason. You also agree to immediately notify Sleep Icon, LLC if you:
- become aware of any loss or theft of your password, or
- become aware of any unauthorized use of your password.
Finally you acknowledge and agree that you will not: (i) collect or store data about other users of this Site, or (ii) upload, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs that might interrupt, limit, or interfere with the functionality of any computer software, hardware, database or file, or communications equipment that is owned, leased, or used by Sleep Icon, LLC.
For your protection, Sleep Icon, LLC may require the use of encryption technologies for certain types of communications conducted through this Site. This Site has adopted industry standard security measures to protect the loss, misuse, and alteration of the information under our control.While we provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay,interruption, interception, or error. While there is no such thing as “perfect security” on theInternet, we will take reasonable steps to in sure the safety of the information transmitted. There is always the possibility of unknowingly acquiring computer viruses on the Internet and thus we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. Sleep Icon, LLC is not responsible or liable for any damage caused by viruses or related hazards, whether or not that virus or hazard resulted from a visit to this Site. You, and not Sleep Icon, LLC, assume the entire cost of all necessary servicing, repair, or correction related to computer viruses.
Sleep Icon, LLC reserves the right to fully cooperate with any law enforcement authorities,regulatory authorities, or court order requesting or directing them to disclose the identity of
anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions.
BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS SLEEP ICON, LLC AND ITS SUBSIDIARIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SLEEP ICON, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER SLEEP ICON, LLC OR LAW ENFORCEMENT AUTHORITIES.
Certain portions of this Site may offer you the ability to e-mail a message to Sleep Icon, LLC. E-mail functionality, if any, is provided to you to facilitate communications between you and Sleep Icon, LLC. Sleep Icon, LLC shall have no liability for any loss or damage that arises from unaccepted e-mail requests, orders, or instructions. Moreover, Sleep Icon, LLC shall have no liability for any loss or damage that result from interception and/or unauthorized use by third
parties of any information you send by e-mail.
Representations and Warranties; Limitation of Liability
THE WEBSITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MIS- DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES,
SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD
PARTY WEBSITES; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You will indemnify and hold Sleep Icon, LLC, its subsidiaries, licensors, content providers,service providers, employees, agents, officers, directors, and contractors (the “Indemnified
Parties”) harmless from any breach of these Terms and Conditions by you, including any use of Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Virginia, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Virginia. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Virginia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunction or other appropriate relief in Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extentpossible, our original objectives and intent as reflected in the original provision.