Terms

TERMS AND CONDITIONS

Last Updated: 9/20/18

 

PLEASE READ THESE TERMS OF SERVICE (these “Terms”) CAREFULLY. These Terms set forth the legally binding terms and conditions that govern your access to and use of the PROGRAM (as defined below).  By accessing or using the PROGRAM, you are accepting these Terms (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE PROGRAM OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. If you do not agree with all of the provisions of these Terms, do not access and/or use the PROGRAM.

These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

AGREEMENT BETWEEN USER AND MIGHTY SLEEPERS, LLC

Mighty Sleepers, LLC (hereinafter, the “Company”) agrees to provide the program, “Mighty Sleepers" (herein referred to as the "Program”) identified in the online commerce shopping cart. The Program is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the content and services delivered through the Program, constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The Company reserves the right to change the terms, conditions, and notices under which the Company Program is offered, including but not limited to the charges associated with the use of the Product.

USE AND PROTECTION OF PASSWORD AND ID

 

The Company will assign a password and account ID to you so you can access and use the Program. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Program, and the Company shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND THE COMPANY YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE PROGRAM BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE PROGRAM IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES) THAT MAY RESULT FROM SUCH ACCESS OR USE.

 

You are solely responsible for protecting the security and confidentiality of the password and ID assigned to you. You shall immediately notify the Company of any unauthorized use of the assigned password or ID. You will be responsible for any activity conducted under your assigned password or ID.

 

SYSTEM REQUIREMENTS

 

Use of the Program requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). The Company may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements and the format of any downloadable content, in whole or in part, without notice or liability to you.

 

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred in purchasing the Program. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Program may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to the Company.

 

LINKS TO THIRD PARTY SITES

 

The Program may contain links to other Third Party Sites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Program, you warrant to the Company that you will not use the Program for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Program in any manner which could damage, disable, overburden, or impair the Company or interfere with any other party's use and enjoyment of the Program. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Program.

USE OF COMMUNICATION SERVICES

The Program may provide access to bulletin board services, chat areas, groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO THE COMPANY OR POSTED AT ANY COMPANY WEB SITE

The Company does not claim ownership of the materials you provide to Company (including feedback and suggestions) or post, upload, input or submit to the Company or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Company, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY PROGRAM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PROGRAM AT ANY TIME. ADVICE RECEIVED VIA THE PROGRAM SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, PSYCHOLOGICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE PROGRAM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PROGRAM, WITH THE DELAY OR INABILITY TO USE THE PROGRAM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PROGRAM, OR OTHERWISE ARISING OUT OF THE USE OF THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM.

SERVICE CONTACT: [email protected]

TERMINATION/ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Nebraska, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Lincoln, Nebraska, U.S.A. in all disputes arising out of or relating to the use of the Program. Use of the Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Program. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Program or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Program. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

INTELLECTUAL PROPERTY AND TRADEMARKS

As a user of the Company Program, you acknowledge and agree that we are the sole owner of all right, title and interest in the Program and any and all Intellectual Property (as defined below) related thereto.  We reserve all rights in and to any and all Intellectual Property, and in the event that any such rights vest in you or any of your respective representatives, you hereby irrevocably and unconditionally assign, and shall cause all such representatives to irrevocably and unconditionally assign, to us all such rights. No right, license or transfer of ownership of any Intellectual Property is granted or shall be granted by implication. All rights, licenses and transfers of ownership (if any) are granted only as expressly provided in the agreement. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Program.

Intellectual Property” means, with respect to the Company (a) all inventions (whether patentable or unpatentable and whether or not reduced to practice), all improvements thereto, and all patents, patent applications and patent disclosures filed in any jurisdiction, together with all reissuances, continuations, divisionals, continuations-in-part, revisions, extensions and reexaminations thereof; (b) all trademarks, service marks, trade dress and design marks (including, without limitation, domain names, uniform resource locators, logos and slogans), including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith; (c) all works of authorship and other copyrightable works and all copyrights subsisting under the applicable laws of any jurisdiction and all application, registrations and renewals in connection therewith; and (d) all trade secrets (including, without limitation, ideas, research and development, know-how, formulas, compositions, business practices, object code, source code, software, hardware, systems, techniques, tools, solutions, processes, procedures, methods, methodologies, applications, day-to-day business operations, technical data, designs, drawings, specifications, pricing, cost and financial information, and business and marketing plans and proposals). For the avoidance of doubt, Intellectual Property includes any and all additions, modifications, derivative works and improvements thereto.

The name Mighty Sleepers our logo and any of our slogans and other trademarks and service marks are trademarks and service marks of the Company. The use of any other trademark or service mark is not authorized by, sponsored by or associated with the Company and is for purposes of description and identification only. You shall not use, duplicate, distribute, modify, reproduce, transmit or take any other action with respect to our trademarks or service marks without our express prior written consent.

YOUR ACCOUNT

If you are under 18 years of age, you may use the Company Web Site only with the involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

 

REFUND POLICY

If you start the Program and don’t feel like it is working for you, you can return it at no cost to you within 60 days of purchase. Our policy lasts 60 days and you can return the Program by contacting our Client Services team at support@mightysleepers.com within 60 days of your purchase to request a refund. If 60 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be provided to the Company’s Copyright Agent at [email protected] or the following address:

Copyright Agent

Mighty Sleepers, LLC

Address

4501 S. 70th St., Suite 110
Lincoln, Nebraska 68516

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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