WARNING: BY USING THIS WEBSITE, YOU CONSENT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT (HEREINAFTER THE “AGREEMENT”). PLEASE READ THESE TERMS OF USE IN THEIR ENTIRETY. BY CONTINUING TO USE THIS WEBSITE, YOU ARE AGREEING TO ALL TERMS LISTED IN THE AGREEMENT, WHICH INCLUDE BUT ARE NOT LIMITED TO, AN ARBITRATION AGREEMENT, LIMITATION OF LIABILITIES, A WAIVER OF CLASS ACTIONS, AND A DISCLAIMER OF WARRANTIES. IF YOU DO NOT AGREE WITH ALL OF THE TERMS IN THIS AGREEMENT, DO NOT CONTINUE TO USE THIS WEBSITE, AS YOUR CONTINUED USE CONSTITUTES AGREEMENT WITH ALL OF THE TERMS OF USE AND TERMS OF CONDITIONS.
This Agreement is binding. By using the website that you linked from or to Sleepbo.com (hereinafter known as “the Website”), you agree to abide by these Terms of Use, now and as they may be amended by Sleepbo.com, (hereinafter known as “us” “we” or “our”). These terms and conditions may be updated and amended at any time by us in our sole discretion. If the Terms of Use have been materially changed, we will post a notice on the Website. However, it is your responsibility to review the Terms of Use from time to time, and if you do you not agree with any of the Terms of Use, you must leave this Website and cease using any part of our Website.
BY USING OUR WEBSITE, YOU EXPLICITLY AGREE THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Our privacy policy is available for your review at https://www.sleepbo.com/privacy.
By using our website, you are agreeing to the following Terms and Conditions:
Intellectual Property Laws: When accessing this website, you are agreeing to obey all intellectual property laws and respect the intellectual property rights of others. By using this Website, you agree to be governed by and subject to the laws regarding copyright ownership and intellectual property use. You therefore agree not to download, upload, perform, transmit, display, or otherwise distribute any information or content (hereinafter known as “Content”) in violation of the rights of a third party, including such third party’s copyrights, trademarks or any other proprietary or intellectual property rights. You agree to abide by all laws regarding ownership of and use of intellectual property. You agree that you are solely responsible for violations of relevant copyright and intellectual property laws, and for any violation of copyright laws or infringement of a third party’s rights that were caused by Content that you upload, download, provide or transmit during your use of this Website and/or your User ID. You have the sole burden of proving that your actions do not violate laws or third party rights.
Prohibited Uses: By using our Website, you agree to abide by certain restrictions on the uses of this site. You are prohibited from violating or attempting to violate any security features of our Website, including, without limitation, (a) taking actions to hack, probe, test, scan, or test vulnerabilities in our Website, or any associated system or network, or to breach security protocols or authentication measures without proper prior authorization; (b) accessing content or data which is not intended for you as a user of this site, or attempting to log on or logging onto a server or account that you do not have authorization to access; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) attempting to reverse-engineer, decompile, modify, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any aspect of the Website’s source code. All violations of network security or systems will subject you to civil and criminal liability.
Inappropriate Content: You are strictly prohibited from making the following kinds of Content available on this site or any site associated with it. You agree not to display, download, upload, perform, transmit, or otherwise distribute any Content that (a) advocates or encourages conduct that may create civil liability, or which constitutes or could constitute a criminal offense, or which would otherwise violate any law in any jurisdiction in the world; or (b) any Content which may be libelous, defamatory, pornographic, abusive, obscene or threatening; or (c) any Content which solicits funds, advertises or otherwise constitutes a solicitation for funds, or which is a solicitation for goods or services. This Website reserves the right to terminate your use, transmission, receipt, or other distribution of any such material using our Website. This Website also reserves the right, where applicable, to delete any such material from our networks and servers. We will cooperate fully with any and all law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any laws which apply.
Violations: We reserve the right to terminate your use of this Website without notice. To ensure we provide a positive and quality experience for you and all other users of the Website, you agree that we or our representatives may access your account information and records to investigate complaints or allegations about infringement of any rights, abuse, or other unauthorized use of this Website. Although we will not disclose the existence of such an investigation unless we are compelled to do so by law, we do reserve the right to terminate our access to the website or your account, with or without notice, immediately, without any liability to you, in the event that we have reason to believe you have violated any of the Terms of Use, or if you provided false or misleading information, or interfered with others’ use and enjoyment of this Website.
User Content License: Your use of this Website grants us a license to use any materials you may post to our Website. By downloading, uploading, posting, transmitting, displaying, performing or otherwise distributing information or other Content to our website, you hereby grant us, our officers, directors, employees, affiliates, agents, consultants and representatives, a license to use the Content without any limitation. In addition, you grant us a right to distribute, copy, transfer, transmit, publicly display or perform, edit, reproduce, translate and reformat any of your Content.
Compensation: You will not be compensated for any Content you provide to this site, and by using this Website, you agree we may publish or disclose your name in connection with the Content. By posing your Content on the Website, you warrant and represent that you own the rights to such Content, or are otherwise authorized to display, post, distribute, transmit, perform, or otherwise distribute such Content.
Copyright Infringement: Our Website has in place legally mandated procedures regarding allegations of copyright infringement that is alleged to have occurred on our Website. If you believe that your work has been copied in such a way that it constitutes infringement, provide a Copyright Notice containing the information in accordance with our policy, which is located at www.sleepbo.com/privacy.
Websites Affiliated With Sleepbo: This Website has no control over, and no liability for, any third party materials, information or websites. This Website may work with partners and affiliates whose internet sites may be linked with this Website. However, neither we or our Website has control over the Content or performance of the affiliate or partner sites, and we therefore make no guarantee about the content, currency, accuracy or quality of information provided to any other site. We assume no responsibility for objectionable, misleading, inaccurate or unintended information provided by and residing on such other sites. By using our Website, you may from time to time come in connection with content items that may be owned by third parties, including Websites. You agree and admit that this Website makes no guarantees about Content on the third party websites, nor can we assume any responsibility for the accuracy, content, currency or quality of the third party’s content. Unless expressly stated otherwise, these Terms govern your use of any and all third party content.
Predispute Notification and Mediation Agreement: This Agreement requires final, binding arbitration of all disputed claims (which are discussed below). You agree, however, that it is to your and our advantage to discuss disputes before resorting to arbitration proceedings. In the event of a dispute, you must send a notice to our representative which briefly summarizes the contact@sleepbo.com. If the dispute is not resolved within 60 days after notice has been given to us, you can initiate arbitration proceedings, or any other proceedings which may be authorized by this Agreement.
Arbitration Agreement: Except to the extent otherwise noted below, any claim, controversy, or dispute which arises out of or relates to this Agreement, or your use of our Website, will be resolved by binding arbitration. The arbitration will be adjudicated by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Mediation Procedures. In the event of any conflict between the Rules and this Agreement, this Agreement shall govern.The default form of Arbitration will be a Desk Arbitration, which requires each party to submit their proofs to the Arbitrator, who will decide the case on written submissions and arguments alone. Either party may request a hearing. If a party makes a written request within 10 days after the AAA has acknowledged receipt of a claimant’s demand for arbitration, all parties will participate in a hearing by telephone. No party shall be required to travel for purposes of arbitration.
If you decide to initiate arbitration, you must pay a filing fee to the AAA. The fee is $750 for claims which are under $75,000. If for any reason your filing fee is more than $750, we will reimburse you for the excess fee amount promptly after we receive your notice of arbitration. In the event that the arbitrator decides in your favor, we will also reimburse you for the whole $750 filing fee.
This arbitration agreement is governed by Federal Arbitration Act and is enforceable pursuant to its owns terms. As such, either party may seek enforcement of the arbitration provision in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.
The Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding, notwithstanding any provision in the Rules to the contrary.
The arbitral award shall be judicially enforceable. Either party may seek enforcement of an award in any court of competent jurisdiction.
The arbitrator shall not have the power to make errors of law or legal reason, nor make clearly erroneous findings of fact, nor abuse his or her discretion. The arbitral award may be vacate or corrected if it is challenged on appeal in a court of competent jurisdiction.
Class Action Waiver: All parties, including us and you, waive the right to bring any claim covered by this alternative dispute resolution by class, consolidated, mass, collective, representative or private attorney general action which is brought by anyone else. Notwithstanding any contrary provision in the Rules, the arbitrator shall not have jurisdiction or authority to hear the arbitration as a class, consolidated, mass, collective, representative or private attorney general action to join, consolidate or otherwise combine the claims of different parties in a single proceeding.In the event that a proposed class, consolidated, mass, collective, representative or private attorney general action is initiated with disregard for the prohibition contained under these Terms, and it is determined ultimately by an arbitrator or by a court that the waiver is not enforceable, the arbitration proceedings must then be bifurcated. The arbitration proceedings will then go forward as follows, notwithstanding any provision in the Rules to the contrary:
(a) Arbitrability shall be determined by the arbitrator pursuant to the applicable rules and substantive law. (b) If the arbitrator rules that the arbitration may proceed, the arbitration shall be stayed. The issue of whether to certify any alleged or putative class for a class action or other similar collective proceeding, shall be decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to determine or decide class certification other similar issues relating to collective legal action. Any decision whether to certify or not certify a class action shall be appealable in the judicial proceedings according to the rules and law which govern the appropriate court. (c) Once any issues regarding class certification have been decided by a court, the case returns to the arbitrator, who then has jurisdiction to decide the substantive issues, in accordance with procedures established and directed by the court.
Opting Out of Arbitration and Class Action Waiver Provisions: You may exclude yourself from binding arbitration, and the class action waiver specified in the above paragraph, by taking the following steps. First, within 30 days of signing up for our website, you must submit information to our website via email to contact@sleepbo.com. The email must specify (a) your name, (b) your mailing and email addresses, and (c) your request to be excluded from the final and binding arbitration and / or class action waiver provisions specified in this Agreement. All other terms shall continue to apply, including the provision that requires pre-dispute notification and mediation. The notice must be received by the applicable 30-day deadline in order to be effective. Any notice not received by the 30-day deadline will be invalid, and the arbitration and class action waiver clauses will apply.
NO WARRANTIES APPLY. THIS WEBSITE DISCLAIMS ANY AND ALL WARRANTIES. THIS WEBSITE IS BEING MADE AVAILABLE “AS IS” AND THEREFORE WITHOUT ANY WARRANTIES. BY USING THIS WEBSITE, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OUR WEBSITE. WE EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING OUR WEBSITE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THIS WEBSITE DOES NOT WARRANT THAT IT WILL WILL MEET ALL OF YOUR REQUIREMENTS AND PREFERENCES IN ANY FORM, OR THAT THE OPERATION OF OUR WEBSITE WILL BE WITHOUT ERRORS OR TOTALLY UNINTERRUPTED AT ALL TIMES.
LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO YOU, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, WHICH MAY ARISE IN CONNECTION WITH OR ARISING FROM YOUR USE OF OUR WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US.THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARISE FROM A BREACH OF CONTRACT, TORT, OR OTHER LEGAL THEORY OR CAUSE OF ACTION. EXCEPT FOR ANY OF THE REIMBURSABLE ARBITRATION FEES DESCRIBED HEREIN, THE TOTAL LIABILITY OF US, THIS WEBSITE, OUR PARTNERS, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, AGENTS OR CONTRACTORS, FOR ANY ACTION OF CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEBSITE, SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00 USD).
Indemnity: You hereby agree to indemnify us for your acts and omissions. You hereby agree to indemnify, defend, and hold harmless this website, its employees, affiliates, directors, officers, agents, representatives or consultants, from any and all third party claims, losses, damages, liability, and/or costs (including reasonable attorneys fees and costs) which arise from your access to or use of our Website, or your violation of these Terms of Use, or your infringement, or infringement by any other person or user of your account, of any intellectual property or other right of any person or entity. You shall be notified promptly of any such claim, liability, loss, or demand, and we will provide you with reasonable assistance, in defending any such claim, liability, loss, damage, or cost, at your expense.
Miscellaneous: Other terms and conditions you hereby agree to abide by include:
Severability; Waiver. If, for any reason, a court finds that any term or condition in these Terms of Use is unenforceable, then all other terms and conditions will remain in full force and effect. No waiver of any provision or any breach of these Terms shall be considered as a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions. No waiver shall be considered effective unless the waiver is signed by an authorized representative of the waiving party.and made in writing.
No License. Nothing in this Website grants you a license to use any of the trademarks, service marks, logos, or other protectable property owned by us or by any third party.
United States Use Only. Our Website is controlled and operated from its official offices in the United States. We make no representation whatsoever that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. If you access or use our Website, such use or access shall not be construed as this Website purposefully availing ourselves of the benefits or privileges of doing business in any country other than the United States.
Modifications. In our sole discretion, without notice, this Website may, do the following (i) revise these Terms of Use; (ii) modify this Website; and (iii) discontinue this Website at any time. We shall post any revision to these Terms of Use to our Website. Such revision shall take effect immediately upon such posting. You hereby agree to review these Terms of Use and any other online policies posted on our Website on occasion, in order keep yourself aware of revisions. By continuing to use or access our Website following the notice of any revision, you agree that you shall abide by any such revision.
Governing Law. These Terms of Use shall be construed in accordance with and shall be governed by the laws of the United States and the State of California, without reference to U.S. or California rules regarding conflicts of law.
ACKNOWLEDGEMENT: BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND TO THESE TERMS OF USE.