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Terms of Use
Terms & Conditions
For Use of
SleepAidGuide.com
The use of this web site constitutes agreement with the
following terms and conditions:
(a) The owner of this site ("SleepAidGuide.com")
maintains this web site (the “Site”) as a courtesy
to those who may choose to access the Site (“Users”).
The information presented herein is for informative purposes
only. SleepAidGuide.com grants permission to Users to visit
the Site and to download and copy the information, documents
and materials (collectively, “Materials”) from the
Site for the User’s personal, non-commercial use, without
any right to resell or redistribute them or to compile or create
derivative works there from, subject to the terms and conditions
outlined below, and also subject to more specific restrictions
that may apply to specific Material within this Site.
(b) The reproduction, duplication, distribution (including
by way of email, facsimile or other electronic means), publication,
modification, copying or transmission of material from this
Site is strictly prohibited unless you have obtained the prior
written consent of SleepAidGuide.com or unless it is expressly
permitted by this Site. The material covered by this prohibition
includes, without limitation, any text, graphics, logos, photographs,
audio or video material or stills from audiovisual material
available on this Site. The use of materials from this Site
on any other Web site or networked computer environment is similarly
prohibited. Requests for permission to reproduce or distribute
materials found on this Site can be made by contacting
SleepAidGuide.com in writing.
(c) SleepAidGuide.com administers this Site. All Material
on this Site from SleepAidGuide.com appears subject to the
present Terms and Conditions.
Limitation of Liability/Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SleepAidGuide.com
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF SleepAidGuide.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SleepAidGuide.com SITE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SleepAidGuide.com SITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SleepAidGuide.com SITE; OR (v) ANY
OTHER MATTER RELATING TO THE SleepAidGuide.com SITE. YOU EXPRESSLY
ACKNOWLEDGE THAT SleepAidGuide.com HAS ENTERED INTO THIS AGREEMENT,
AND HAS AND WILL MAKE THE SleepAidGuide.com SITE AND CONTENT
AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS
OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS AND
CONDITIONS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN
BETWEEN YOU AND SleepAidGuide.com. YOU EXPRESSLY AGREE THAT
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS
SET FORTH IN THESE TERMS AND CONDITIONS WILL SURVIVE, AND CONTINUE
TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE
OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE
REMEDY OR TERMINATION OF THIS AGREEMENT.
Materials provided on this Site are provided “as is”,
without warranty of any kind, either express or implied, including,
without limitation, warranties of merchantability, fitness for
a particular purpose and non-infringement.
SleepAidGuide.com specifically does not make any warranties
or representations as to the accuracy or completeness of any such
Materials. SleepAidGuide.com periodically adds, changes, improves
or updates the Materials on this Site without notice. Under no
circumstances shall SleepAidGuide.com be liable for any loss,
damage, liability or expense incurred or suffered that is claimed
to have resulted from the use of this Site, including, without
limitation, any fault, error, omission, interruption or delay
with respect thereto. The use of this Site is at the User’s
sole risk. Under no circumstances, including but not limited to
negligence, shall SleepAidGuide.com be liable for any direct,
indirect, incidental, special or consequential damages, even if
SleepAidGuide.com has been advised of the possibility of such
damages.
The User specifically acknowledges and agrees that SleepAidGuide.com
is not liable for any conduct of any User.
This site may contain advice, opinions and statements of various
authors. SleepAidGuide.com does not represent or endorse the
accuracy or reliability of any advice, opinion, statement or other
information provided by any information provider, any User of
this Site or any other person or entity. Reliance upon any such
advice, opinion, statement, or other information shall also be
at the User’s own risk. SleepAidGuide.com shall not be
liable to any User or anyone else for any inaccuracy, error, omission,
interruption, deletion, defect, alteration of or use of any content
herein, or for its timeliness or completeness, nor shall they
be liable for any failure of performance, computer virus or communication
line failure, regardless of cause, or for any damages resulting
therefrom.
As a condition of use of this Site, the User agrees to indemnify
SleepAidGuide.com from and against any and all actions, claims,
losses, damages, liabilities and expenses (including reasonable
attorneys’ fees) arising out of the User’s use of
this Site, including, without limitation, any claims alleging
facts that if true would constitute a breach by the User of these
Terms and Conditions. If the User is dissatisfied with
any Material on this Site or with any of its Terms and Conditions
of Use, the User’s sole and exclusive remedy is to discontinue
using the Site.
This Site may contain links and references to third-party web
sites. The linked sites are not under the control of SleepAidGuide.com,
and SleepAidGuide.com is not responsible for the content of
any linked site or any link contained in a linked site. SleepAidGuide.com
provides these links only as a convenience, and the inclusion
of a link or reference does not imply the endorsement of the linked
site by SleepAidGuide.com.
Professional Information Disclaimer
The SleepAidGuide.com Site may make available certain information
provided by third parties related to various professional fields
such as, without limitation, medicine and other health and fitness
related matters, law and financial planning (the "Professional
Information"). The Professional Information is provided for
educational and entertainment purposes only and should not be
interpreted as a recommendation for a specific treatment plan,
product or course of action. Use of the SleepAidGuide.com Site
does not replace consultations with a qualified medical, legal,
financial or other relevant professional. In addition, while the
Professional Information is frequently updated, this information
changes rapidly and therefore, some of the Professional Information
may be out of date. You agree that all risk associated with the
use of, or reliance on, any of the Professional Information rests
with you. You further agree that SleepAidGuide.com, including
its suppliers, shall not be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind incurred
as a result of, or in connection with your use of, or reliance
on, any such Professional Information.
Medical/Health Information Disclaimer
The Professional Information may contain health-related and medical-related
information (including any facts, views, opinions, recommendations,
descriptions of, or references to, products, services and medications).
Such health-related and medical-related information made available
by SleepAidGuide.com is: (a) for informational purposes only;
(b) not to be used or construed as a substitute for professional
medical advice, diagnosis, or treatment; (c) not intended as a
recommendation or endorsement of any specific tests, products,
procedures, opinions or any other information. Reliance on any
health-related or medical-related Professional Information on,
or accessible through, the SleepAidGuide.com Site is solely
at your own risk. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR
OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY
HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL
MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU
HAVE READ ON THE SleepAidGuide.com SITE.
User Submissions
You acknowledge and agree that any suggestions, ideas, graphics,
opinions (including without limitation, reviews) or other information
submitted or otherwise communicated by you to us through the Website
(collectively, the "Submission") become the property
of SleepAidGuide.com, including all copyrights and other intellectual
property rights therein, and SleepAidGuide.com will be entitled
to use each Submission for any commercial or other purpose whatsoever
without compensation or other accounting to you or any other person
sending the Submission. You assign to SleepAidGuide.com, and
waive in favor of SleepAidGuide.com, any and all present and
future rights, including but not limited to, moral rights, in
such Submission. You will continue to be responsible for the substance
of the Submission including, without limitation, any indemnification
obligations related to such Submission. SleepAidGuide.com will
not be required to treat any Submission as confidential and will
not incur any liability as a result of any similarities that may
appear in future SleepAidGuide.com operations. You acknowledge
and agree that all or any portion of the Submission may be used,
edited, reproduced, published, translated, sublicensed, copied
and distributed and/or incorporated into other works in any form,
media, or technology now known or hereafter developed, without
compensation or accounting of any kind. By submitting any Submission,
you represent and warrant that you have the full right and authority
to submit such Submission, and that none of such Submission is
subject to any copyright or other proprietary right of a third
party or is in any respect illegal or in violation of any law.
SleepAidGuide.com reserves the right to review, edit, or remove
any Submission that SleepAidGuide.com deems, in its sole discretion,
to be inappropriate, illegal or offensive for the Website, for
any reason whatsoever.
When submitting your personal experiences we ask that you do
not use the real names of companies or individuals. We reserve
the right to edit submissions made to SleepAidGuide.com to
ensure standards of confidentiality and fairness are upheld.
Governing Law/Jurisdictional Issues
SleepAidGuide.com is controlled, operated and administered
within Canada. SleepAidGuide.com makes no representation or
warranty that the SleepAidGuide.com Site is appropriate or
available for use at any locations outside Canada. If you access
the SleepAidGuide.com Site from outside Canada, you are responsible
for compliance with all applicable laws. You may not export any
of the Content accessible through the SleepAidGuide.com Site
in violation of applicable export laws and regulations. These
Terms and Conditions shall be interpreted, construed and governed
by the laws in force in the Province of Alberta, and the federal
laws of Canada applicable therein, without reference to its conflict
of laws principles. Each party hereby agrees to submit to the
jurisdiction of the courts of the Province of Alberta and the
Federal Courts situate therein, and to waive any objections based
upon venue. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to these Terms and
Conditions.
General
SleepAidGuide.com reserves its exclusive right in its sole
discretion to alter, limit or discontinue the Site or any Materials
in any respect. SleepAidGuide.com shall have no obligation
to take the needs of any User into consideration in connection
therewith.
SleepAidGuide.com reserves the right to deny in its sole discretion
any user access to this Site or any portion thereof without notice.
No waiver by SleepAidGuide.com of any provision of these Terms
and Conditions shall be binding except as set forth in writing
and signed by its duly authorized representative.
These Terms and Conditions constitute the entire agreement between
SleepAidGuide.com and you pertaining to your use of the SleepAidGuide.com
Site and, except as specifically set forth herein, supersede any
prior agreements between you and SleepAidGuide.com relating to
the SleepAidGuide.com Site. SleepAidGuide.com may assign these
Terms and Conditions, in whole or in part, at any time. SleepAidGuide.com's
failure to insist upon or enforce strict performance of any right
or provision of the Terms and Conditions shall not constitute
or be construed as a waiver of any right or provision. If any
of the provisions (or parts thereof) contained in the Terms and
Conditions are determined to be void, invalid or otherwise unenforceable
by a court of competent jurisdiction, such determination shall
not affect the remaining provisions (or parts thereof) contained
herein.
Your use of this web site constitutes agreement with
these terms and conditions of use.
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Copyright Notice
All content found on SleepAidGuide.com is the sole property of
SleepAidGuide.com unless otherwise noted. Duplication, downloading
or other use of any content is expressly prohibited without prior
written consent.
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Last Updated on
Friday, December 2, 2011 17:41
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