SleepandDreams.com is an Internet-based online information and communication service and e-commerce Web site. By accessing or using SleepandDreams.com and its employees, hereafter collectively referred to as SleepandDreams.com, you agree to be bound by the terms and conditions of this document. If you do not wish to be bound by this agreement, you may not access or use SleepandDreams.com
SleepandDreams.com reserves the right to modify this agreement at any time, and such modification shall be effective immediately upon posting of the modified agreement.
By accessing or using SleepandDreams.com you agree to review this document regularly to ensure that you are aware of any modifications. Your continued access or use of SleepandDreams.com shall be deemed your conclusive acceptance of the modified document.
The information listed on SleepandDreams.com is presented for the purpose of educating and entertaining people on sleep and dream related issues, overall health and its management. Nothing listed on SleepandDreams.com is intended to be instructional for medical diagnosis or treatment.
The information listed on SleepandDreams.com should not be considered complete, or take the place of a consultation with a physician or competent healthcare professional for medical diagnosis and/or treatment; or serve as an endorsement for any medical practice, physician, pharmaceutical product, medical device or software. It should not be used in place of a visit, call, consultation with or the advice of your physician or other qualified health care provider.
Information obtained from SleepandDreams.com is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. See your physician or other qualified health care provider promptly with any health care related questions. Always consult with your physician or other qualified health care provider before embarking on any new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of information obtained from SleepandDreams.com .
The information listed on SleepandDreams.com is compiled from a variety of information providers. Neither SleepandDreams.com nor the information providers directly or indirectly practice medicine or dispense medical services as part of SleepandDreams.com.
All services and information are provided “as is” and SleepandDreams.com disclaims any warranty of any kind, including but not limited to warranties of merchantability and fitness for particular purpose or use with the exception of the warranties associated with the physical products sold herein.
SleepandDreams.com does not make, and hereby disclaims, any warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the information and services available from SleepandDreams.com. SleepandDreams.com cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data.
SleepandDreams.com cannot and does not guarantee or warrant that files available for downloading from SleepandDreams.com will be free of infection from viruses, worms, Trojan horses or other computer code that manifest contaminating, malicious or destructive properties.
SleepandDreams.com does now warrant or guarantee that the functions or services provided by SleepandDreams.com will be uninterrupted or error-free or that defects in SleepandDreams.com will be corrected. Users of SleepandDreams.com are responsible for:
a. implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements do accuracy of data input and output, and
b. maintaining a means external to SleepandDreams.com for the reconstruction of any lost data.
Without limiting any of the foregoing, SleepandDreams.com specifically disclaims any representation or warranty regarding any benefit, economic, health-related or otherwise, that might be obtained through SleepandDreams.com.
2. Other Web Sites and Sources
You are encouraged to use discretion while browsing the Internet on searches initiated at SleepandDreams.com as links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. We do not warrant the accuracy, appropriateness, quality or stability of third-party information to which we link. SleepandDreams.com does not warrant the accuracy, appropriateness, or quality of any information from third parties presented by SleepandDreams.com.
3. Review of Postings and Uploads
SleepandDreams.com does not and cannot review all communications and materials posted or uploaded to SleepandDreams.com and is not responsible for the content of these communications and materials. However, SleepandDreams.com reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be:
a. abusive, libelous, defamatory or obscene,
b. fraudulent, deceptive, or misleading,
c. in violation of a copyright or trademark, other intellectual property right of another or
d. offensive or otherwise unacceptable to SleepandDreams.com.
Any messages, advice, opinions or other information contained in any discussion area should not be construed as professional advice or instruction.
4. Limited license
By this Agreement, SleepandDreams.com grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use SleepandDreams.com in real time and to use the materials in SleepandDreams.com in a manner consistent with paragraph 11 (Copyright) below.
5. User’s Agreement
You agree to:
a. maintain all equipment required for your access to and use of SleepandDreams.com
b. maintain the security of your user identification, password and other confidential information relating to your SleepandDreams.com account; an
c. be responsible for all charges resulting from use of your SleepandDreams.com account, including unauthorized use prior to your notifying SleepandDreams.com of such use and taking steps to prevent its further occurrence by changing your password.
6. Communications Online
Your participation in online communications occurs in real time and is not edited, censored, or otherwise controlled by SleepandDreams.com. SleepandDreams.com cannot and does not screen content provided by you to SleepandDreams.com. Notwithstanding the foregoing, SleepandDreams.com reserves the right to monitor content on SleepandDreams.com and to remove content that SleepandDreams.com, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or SleepandDreams.com operating policies for users of SleepandDreams.com .
You may send and receive e-mail, engage in conferences and chats, download and upload files and otherwise use SleepandDreams.com as permitted by this Agreement, SleepandDreams.com’s operating policies and applicable laws. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by SleepandDreams.com from any area where your uploading or other activity takes place. SleepandDreams.com reserves the right in its sole discretion to change operating policies relating to online conduct, storage and deletion of e-mail and uploaded files, conferences, forums (a.k.a. “BBSs”) and other matters at any time. Files uploaded to a forum may be subject to limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
You are responsible for your communications and your use of SleepandDreams.com. You may not, under any circumstances, do any of the following:
a. use simultaneous, unattended or continuous connections to SleepandDreams.com with one account;
b. post or transmit any message which is libelous or defamatory;
c. post or transmit any message, data, image or program which is indecent, obscene or pornographic;
d. post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;
e. use SleepandDreams.com to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
f. intercept or attempt to intercept e-mail or other private communications not intended for you;
g. send e-mail for any purpose other than personal communication, including mass unsolicited distribution medium to communicate a generally unsolicited message, or use your e-mail account as an address to which users need to respond (except as otherwise expressly permitted by SleepandDreams.com;
h. send unsolicited e-mail messages through third-party mail servers in order to relay your e-mail or hide the origination of your e-mail to others;
i. upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents;
j. upload files that contain a virus or corrupted data;
k. delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to SleepandDreams.com;
l. falsify the source or origin of software or other material contained in a file that you upload to SleepandDreams.com;
m. use SleepandDreams.com in a manner that adversely affects the availability of its resources to other users;
n. use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity the user directory or any portion thereof other than for personal, non-commercial purposes (except as otherwise expressly permitted by SleepandDreams.com);
o. falsely purport to be an employee or agent of SleepandDreams.com;
p. cause repeated disruptive incidents; or
q. act, or fail to act, in your use of SleepandDreams.com, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message that is harmful, threatening, abusive or hateful.
It is not the intent of SleepandDreams.com to discourage users from taking controversial positions or expressing vigorously what may be unpopular views on SleepandDreams.com, nonetheless, SleepandDreams.com reserves the right to take such action as it deems appropriate in cases where SleepandDreams.com is used to disseminate statements that are deeply or widely offensive and/or harmful. Each time you upload a file on SleepandDreams.com, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other user the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
SleepandDreams.com considers its users’ privacy to be of the utmost importance. Please see our Privacy and Security Code for a detailed description of our information gathering and dissemination practices.
SleepandDreams.com reserves complete and sole discretion with respect to the operation of any SleepandDreams.com e-mail messaging services. SleepandDreams.com may, among other things:
a. delete e-mail if it has not been accessed by a user within the time established by SleepandDreams.com policies;
b. subject to Section 6, make available to third parties information relating to SleepandDreams.com and users; and
c. withdraw, suspend or discontinue any functionality or feature of SleepandDreams.com.
SleepandDreams.com may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. SleepandDreams.com will not review the contents of e-mail except as required or allowed by applicable law or legal process. SleepandDreams.com at its sole discretion may preserve any and all e-mail (including any and all files attached to or otherwise associated with that e-mail), forms, or any other submitted information. Notwithstanding the foregoing, you will not rely on SleepandDreams.com to preserve any of your information and you agree to release SleepandDreams.com from any liability that may arise from not preserving your information.
9. User Representations
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use SleepandDreams.com in accordance with this Agreement. You agree to be financially responsible for your use of SleepandDreams.com (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You acknowledge that statements made by SleepandDreams.com and within its newsgroups, message boards, e-mail, forums, conferences and chats reflect only the views of their authors, and that forum managers, forum hosts, or partners appearing on SleepandDreams.com are not authorized SleepandDreams.com spokespersons, and their views do not necessarily reflect those of SleepandDreams.com.
All SleepandDreams.com information, provided on the Web site, e-mail any other means is copyrighted as a collective work under the Canadian copyright laws and other copyright laws. SleepandDreams.com holds the copyright in the collective work. The collective work includes works that are the property of information providers, which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of SleepandDreams.com or its other information sources solely for your own non-commercial use, unless otherwise permitted (e.g. in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the expressed written consent of SleepandDreams.com. You agree not to change or delete any proprietary notices from materials downloaded from SleepandDreams.com.
12. Licenses and Idea Submissions
You agree to grant to SleepandDreams.com a non-exclusive, world-wide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to SleepandDreams.com by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against SleepandDreams.com for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
You agree to indemnify, defend and hold harmless SleepandDreams.com, its officers, directors, employees, agents, information providers, licensers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ intellectual property rights, wherever arising, or negligent or wrongful conduct) by you or any other person accessing SleepandDreams.com using your service account, whether or not authorized by you.
14. Waiver, Release and Limitation of Liability
You agree that neither SleepandDreams.com, nor its officers, directors, employees, agents, information providers, licensers or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of SleepandDreams.com. You hereby release and forever waive any and all claims you may have against SleepandDreams.com, its officers, directors, employees, agents, information providers or suppliers (including but not limited to claims based upon the negligence of SleepandDreams.com, its officers, directors, employees, agents, information providers or suppliers) for losses of damages you sustain in connection with your use of SleepandDreams.com.
Notwithstanding the foregoing paragraph, the total liability of SleepandDreams.com, its officers, directors, employees, agents, information providers or suppliers, if any, for losses or damages shall not exceed the fees paid by the user for the particular information service provided. In no event shall SleepandDreams.com, its officers, directors, employees, agents, information providers or suppliers be liable to you for any losses or damages other than the amount referred to above. All other damages, direct or indirect, special, exemplary, incidental consequential or punitive arising from any use of the information or other parts of SleepandDreams.com are herby excluded even if SleepandDreams.com, its officers, directors, employees, agents, information providers or suppliers have been advised of the possibility of such damages.
15. Third Party Rights
The provisions of paragraphs 13 (Indemnification) and 14 (Waiver, Release and Limitation of Liability) are for the benefit of SleepandDreams.com and its officers, directors, employees, agents, information providers and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
16. Term; Termination
Either you or SleepandDreams.com may terminate your right to use SleepandDreams.com at any time, with or without cause, upon notice. SleepandDreams.com also reserves the right to terminate or suspend your SleepandDreams.com membership without prior notice, but SleepandDreams.com will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the Country of Canada. You agree that any legal action or proceeding between SleepandDreams.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Ottawa, Ontario, Canada. Any cause of action or claim you may have with respect to SleepandDreams.com must be commenced within one (1) year after the claim or cause of action arises. SleepandDreams.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right hereunder. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SleepandDreams.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
SleepandDreams.com may deliver notice to you under this Agreement by means of electronic mail, a general notice on SleepandDreams.com, or by written communication delivered by first class Canadian mail to your address on record in SleepandDreams.com’s account information. You may give notice to SleepandDreams.com at any time via letter delivered by first class postage prepaid Canadian mail or overnight courier to the following address:
1160 Beaverwood Road, P.O. Box 1518
Ottawa, Ontario, K4M 1A4, Canada
The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.