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SleepGuide, Inc. Terms of Service
By using this site, you signify that you have read and assent to these Terms and Conditions of Use. If you do not agree to follow all of the Terms and Conditions of Use, do not use this site. SleepGuide, Inc. reserves the right to update these Terms and Conditions of Use at any time. Your continued use of the SleepGuide, Inc. website means that you accept those changes.
This site does not provide medical advice. The content of the SleepGuide, Inc. site, including text, graphics, images, information obtained from licensors, and other material (“Content”) contained on the SleepGuide, Inc. site, are intended for informational and educational purposes only.
The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your medical condition. Never disregard professional medical advice or delay seeking it because of something you’ve read on the SleepGuide, Inc. website.
Use of ContentSleepGuide, Inc. authorizes you to view or download a single copy of the material on the SleepGuide, Inc. website solely for your personal, noncommercial use. Any use of the Content must carry the copyright notice as follows: “© 2012, SleepGuide, Inc., All rights reserved.”
The Content is protected by copyright under United States and foreign laws. Title to the Content remains with SleepGuide, Inc. or its licensors. Any use of the Content not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of SleepGuide, Inc. If you violate any of these terms and conditions your permission to use the Content automatically terminates, and you must immediately destroy any copies of any portion of the Content.
Liability of SleepGuide, Inc. and Its Licensors
The use of the SleepGuide, Inc. site and its Content is at your own risk. When using the SleepGuide, Inc. site, information is transmitted over a medium which is beyond the control and jurisdiction of SleepGuide, Inc.. Accordingly, SleepGuide, Inc. assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the SleepGuide, Inc. site.The SleepGuide, Inc. site and the Content are provided on an “as is” basis. SleepGuide, Inc. and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, noninfringement of third-party rights, and fitness for a particular purpose. Specifically, SleepGuide, Inc. makes no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site.
In no event shall SleepGuide, Inc., its licensors, or any third party(ies) mentioned on the SleepGuide, Inc. site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, and damages resulting from lost data or business interruption) resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not SleepGuide, Inc. is advised of the possibility of such damages. SleepGuide, Inc. is not liable for any personal injury, including death, caused by the use or misuse of the site. Content or public areas must be brought within one year of the date of the occurrence of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
Submissions to Site
You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any submissions of any nature whatsoever on the SleepGuide, Inc. site are nonconfidential for all purposes. If you make such submission, you are warranting that you or the owner of such content, as the case may be, has expressly granted SleepGuide, Inc. a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.
SleepGuide, Inc. Public Area Discussion Boards, Groups, Photos and Videos
If you use a Public Area, you are solely responsible for your own communications, the consequences of posting those communications, and reliance upon and communications found in the Public Areas. SleepGuide, Inc. is not responsible for the consequences of any communication in the Public Areas. The SleepGuide, Inc. site is an open social network, meaning that contributions you make to the network are visible to others outside the network and may appear in search results of search engines including Google and Bing. You should exercise caution when deciding whether or not to disclose your medical/health information. Use common sense: avoid sharing more about yourself than you feel comfortable doing.
We also recommend that you do not use your full name on the site. If you have added your first and last name as part of your profile, you can change it by clicking on the "Settings" link on the left side (below your name). When you get to the My Settings page, you can change your Full Name to anything you want (removing your last name will do) and click on the "Save" button at the bottom of the page.
Notwithstanding anything to the contrary set forth herein, and as previously referenced above in the "Submissions to Site" section, you agree that any submissions of any nature whatsoever on the SleepGuide, Inc. site are nonconfidential for all purposes. If you make a submission, you are warranting that you or the owner of such content, as the case may be, has expressly granted SleepGuide, Inc. a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these terms and conditions:
Using the Public Area for any purpose in violation of local, state, national, or international law;
Posting material that infringes upon the intellectual property rights of others or on the privacy and publicity rights of others;
Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SleepGuide, Inc. in its sole discretion;
Posting advertisements or solicitations of business;
After receiving a warning, continuing to disrupt the normal flow of dialogue or posting comments that are not related to the topic being discussed;
Posting chain letters or pyramid schemes;
Impersonating another person;
Distributing viruses or other harmful computer code;
Harvesting or otherwise collecting information about others, including mail addresses without their consent;
Allowing any other person or entity to use your identification for posting or viewing comments;
Posting the same note more than once or “spamming”;
or
Engaging in any other contact that restricts or inhibits any other person from using or enjoying the Public Areas or the site, or which in the judgment of SleepGuide, Inc., exposes SleepGuide, Inc. or any of its sponsors or guests to any liability or detriment of any type.
SleepGuide, Inc. reserves the right but is not obligated to do any or all of the following:
Record the dialogue in correspondence of any type between members;
Investigate the allegation that a communication does not conform to the terms of this Agreement;
Remove communications which are abusive, illegal, disruptive, and otherwise fail to conform with these terms and conditions;
Terminating user’s access to any of the public areas or the SleepGuide, Inc. site entirely upon any breach of these Terms and Conditions;
Monitor, edit, or disclose any communication in the Public Areas;
Edit or delete any communication posted on the SleepGuide, Inc. site, regardless of whether or not such communication violates the standards.
SleepGuide, Inc. reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. SleepGuide, Inc. has no liability or responsibility to users of the SleepGuide, Inc. site or any person or entity for performance or nonperformance of the aforementioned activities.
Advertising and Links to Other Sites
SleepGuide, Inc. does not endorse the content of any third-party website.
SleepGuide, Inc. is not responsible for the content of links, third-party sites, sites framed within the SleepGuide, Inc. site or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk. SleepGuide, Inc. does not endorse any product advertised on the SleepGuide, Inc. site.
Indemnity
You agree to defend, indemnify, and hold SleepGuide, Inc., its officers, directors, employees, agents, licensers, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these terms and conditions.
General
SleepGuide, Inc. is based in New York, in the United States of America.
SleepGuide, Inc. makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the SleepGuide, Inc. site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction. All of the provisions of this agreement survive the expiration or termination of the Terms and Conditions for any reason whatsoever.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with SleepGuide, Inc. or in any way relating to your use of the SleepGuide, Inc. site, resides in the Federal Courts of Southern District of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the Southern District of New York in connection with any dispute including any claim involving SleepGuide, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws of the State of New York, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement
With the exception of our Medical Disclaimer, which is incorporated by reference herein, these Terms and Conditions, along with the Ning Terms and Conditions set forth below, constitute the entire agreement between you and SleepGuide, Inc. with respect to the use of the SleepGuide, Inc. site and Content. Your use of the SleepGuide, Inc. site is also subject to the SleepGuide, Inc. disclaimers and policies posted herewith.
Ning Terms of Service
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to anyone younger than 16 and is offered only to users 16 years of age or older. Any person who provides their personal information through this Network represents that they are 16 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
Additionally, you agree not to:
To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.