Effective Date: November 18, 2019
Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between HSD and you.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
- YOU WILL COMPLY WITH THIS AGREEMENT; AND
- YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT
Please read carefully the sections titled “DISCLAIMER OF WARRANTIES,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.” These provisions limit HSD’s liability to you and affect how disputes are resolved.
If you do not agree to any term of this Agreement, please do not use the Services.
CHANGES TO TERMS
The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. We will provide you with advance notice of material revisions to this Agreement. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.
HSD and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “HSD Content”). The name "Home Sleep Delivered" and the Hone Sleep Delivered Logo, and other trademarks used in the Services are trademarks of HSD or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by HSD that appear in the Services are the property of their respective owners.
If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy HSD Content solely for your own personal use.
Except for content that is in the public domain or unless HSD provides you with written authorization to do so, you may not:
- Incorporate any HSD Content into any other work (such as your own website) or use HSD Content in any public or commercial manner;
- Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell HSD Content in any form or by any means;
- Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the HSD Content; or
- ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).
EXCEPT FOR HSD CONTENT PROVIDED BY US OR OUR AGENTS, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY. HSD IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. HSD TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE, OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.
ANY INFORMATION RELATED TO HEALTH OR WELLNESS PROVIDED ON WWW.LIFERESTED.COM OR ANY RELATED WEBSITE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE MEDICAL ADVICE OR REPLACE DISCUSSIONS WITH A HEALTHCARE PROVIDER.
USING THE SERVICES
Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.
Your Account: You are required to create an account to use certain features of the Services.
You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. HSD treats access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. HSD may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify HSD using the contact information provided below if you believe that information you provided to us is no longer secure or if youneed to deactivate your account or password.
Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for anyand all data and other fees related to use of the Services through your Mobile Device.
Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT HSD MAY USE AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
We do not guarantee availability of the Services at all times of the day. HSD may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, HSD has no obligation to provide access to or support for the Services.
Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only.
You agree that you will not (and you agree not to encourage or allow any third party to):
- Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts, or HSD’s computer systems or networks,
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
- Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
- Use the Services to advertise, buy or sell any products or services;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of the Services without HSD’s written consent;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
- Create an Account under fraudulent pretenses; or
PRODUCTS AND ORDERS
Purchase made through this website are subject to our Terms and Conditions of Online Sale. Please review the Terms and Conditions of Online Sale carefully prior to making a purchase through the Services.
The products and information found on the Services are not intended to replace professional medical advice or treatment.
HSD may from time to time offer areas in the Services where you and other users can share ideas, comments, opinions or other information or materials (collectively, “Submissions”). You are responsible for your Submissions.
By submitting a Submission, you represent and warrant that:
- Your Submission is true and accurate;
- You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to HSD under this Agreement; and
- Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
HSD TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR SUBMISSIONS. ALL SUBMISSIONS ARE DEEMED NON-CONFIDENTIAL AND NON-PROPRIETARY.
From time to time, HSD may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). You may not be transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM HSD, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE HSD AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.
MEDICAL ADVICE DISCLAIMER
HSD PROVIDES THE SERVICES, INCLUDING THE RELATED INFORMATION AND CONTENT (COLLECTIVELY, “INFORMATION”) FOR INFORMATIONAL PURPOSES ONLY. HSD DOES NOT PROVIDE ANY MEDICAL ADVICE PURSUANT TO THE SERVICES, AND THE INFORMATION SHOULD NOT BE SO CONSTRUED OR USED. USING AND ACCESSING THE SERVICES AND PROVIDING PERSONAL OR MEDICAL INFORMATION THROUGH THE APP ARE NOT INTENDED TO AND DO NOT REPLACE THE SERVICES, ADVICE, ANALYSIS, TREATMENT, OR JUDGEMENT OF A LICENSED, TRAINED HEALTHCARE PROVIDER NOR ARE THEY INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE OF A TRAINED HEALTHCARE PROVIDER. YOU SHOULD NOT RELY ON ANYTHING CONTAINED ON THE SERVICES, AND YOU SHOULD ALWAYS CONSULT YOUR HEALTHCARE PROVIDER IN ALL MATTERS RELATING TO YOUR HEALTH. YOU HEREBY AGREE THAT YOU SHALL NOT MAKE ANY HEALTH OR MEDICAL RELATED DECISION BASED IN WHOLE OR IN PART ON ACCESS OR USE OF THE SERVICES OR ANY INFORMATION PROVIDED FROM THE SERVICES.
DISCLAIMER OF WARRANTIES
HSD warrants that HSD has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE HSD SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HSD SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM DEFECTS, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. HSD DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE OR (C) ERRORS WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY HSD OR ITS AUTHORIZED AGENTS DOES NOT AND WILL NOT CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, HSD AND ITS REPRESENTATIVES, AGENTS, AND ANY OF ITS OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (“COVERED PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING ANY LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICES INTERRUPTIONS AND PROCUREMENT OF SUBSTANTIVE SERVICES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES. YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST HSD ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, EVEN IF YOU KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO (I) THE USE OR INABILITY TO USE THE SERVICES OR (II) THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICES.
EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL HSD’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATION TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED UNITED STATES DOLLARS ($100.00).
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that HSD would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
If you have a complaint about the Services, please contact HSD via email at email@example.com.
YOU AND HOME SLEEP DELIVERED LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HOME SLEEP DELIVERED LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
GOVERNING LAW AND JURISDICTION
This website is operated from the US. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Ilinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
Home Sleep Delivered LLC
625 E. Kaliste Saloom Road, Suite 200, Lafayette, LA 70508
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
HSD’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject HSD or its affiliates to any registration requirement within such jurisdiction or country.
You may terminate your Account at any time for any reason effective upon written notice to HSD. HSD reserves the right immediately to suspend or terminate your access to the Services without notice if HSD believes you violated this Agreement.
Termination will not limit any of HSD’s other rights or remedies. The sections titled HSD Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.
LINKS TO OTHER WEBSITES AND SERVICES
The Services contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of HSD is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by HSD of the Linked Services or any association with the operators of the Linked Services. HSD does not investigate, verify or monitor the Linked Services. HSD provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
- This Agreement (i) inures to the benefit of and will be binding upon HSD’s and you and your successors and assigns, respectively and (ii) may be assigned by HSD but you may not assign them without the prior express written consent of HSD.
- If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
- If HSD fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
- Nothing contained in this Agreement will be deemed to constitute HSD or you as the agent or representative of the other or as joint venturers or partners.
- If HSD is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
- The headings and captions contained herein are for convenience only.
- This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
QUESTIONS ABOUT THE SERVICES
If you have a question about the Services, please contact HSD via email at:.
Mail: Home Sleep Delivered LLC
Attention: Legal Department
625 E. Kaliste Saloom Road, Suite 200, Lafayette, LA 70508