Terms of Use, Privacy Policy, User Agreement

Introduction

The mysleepbot.com website is an online community and resource for tracking, managing, and sharing your sleep activities. It is provided to you by SleepBot, LLC. (“Sleepbot“ or “us” or “we” or “our”), in connection with our service providers, sponsors, or other affiliates. So that we may safely and responsibly manage this site for all of our users, your use of this site is subject to certain terms and conditions. The terms and conditions set forth below (“Terms of Use”), as well as the privacy policy set forth at www.mysleepbot.com/privacy, apply to your use of the services and functionality provided on or through the mysleepbot.com site (the “Site”). The terms "you" and "user" refers to all individuals and entities that access the Website.
By accessing, registering, and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Privacy Policy. If you do not accept these Terms of Use and the Privacy Policy, you are not authorized to use the Site. We may modify these Terms of Use and the Privacy Policy at any time and such modification will be effective upon posting to the Site. Your continued use of the Website following the posting of such changes constitutes your acceptance of any such changes. If you do not agree with this Terms of Use, or any revised versions thereof, you may not use the Website.

Age and Eligibility

In order to use the Website you must be at least 13 years of age. Individuals who are under the age of 13 are not allowed to use the Website. Please do not attempt to register for the Website or send any information about yourself to us, including your name, address, telephone number, or email address if you are under that age. In the event that we learn that we have collected personal information from a Minor, we will delete that information as soon as possible. If we believe you are under 13 years of age your account may be terminated without warning. By accepting the terms and conditions of this Agreement, you represent and warrant that you are at least 13 years of age or older, you are a human (accounts registered by "bots" and other automated methods are not permitted), and you have legal authority to enter into this Agreement. In addition, if you enter any information on the site, you represent and warrant that you are the parent or legal guardian of the individual subject of the information or that you are otherwise authorized by the parent or legal guardian to enter such information.
You represent that the information that you provide about yourself as requested in any account registration form (the "Registration Data") is accurate and complete.

Usage

The Content (material such as software, text, graphics, images, video, audio, data and other materials) may be owned by us or may be provided through an arrangement we have with others, including other users of the Site, or our partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Site that, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.
If we determine that any user is not using the Website responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Website. We also have the right (but not the obligation) to suspend or terminate your access to other parts of the Website, or delete information you have posted to the Website, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Use, (b) violates the Community Guidelines, (c) is offensive to other users, (d) violates the rights of SleepBot or third parties, or (e) could cause SleepBot liability. Without limiting the foregoing, upon any termination of your account or access to the Website we may delete all User Generated Content and other information related to your Community Pages. If SleepBot suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

Maintenance of the SleepBot Site

You agree and acknowledge that we may modify, limit, suspend or discontinue, temporarily or permanently, the Site at any time, without notice or liability to you. SleepBot may also, from time to time, establish general rules and policies regarding use of the SleepBot Site. We will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. SleepBot will have no liability or responsibility with respect to any lost data or Messages, such as the deletion or failure to store messages, communications or other Messages transmitted by you.

Precautions

Content found on this website is for informational purposes only and is not intended to replace the relationship with your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or behavior on a medical condition. You should always consult a physician before changing your sleep or behavior or if you have any questions regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our Website. SleepBot requires that you consult with your physician before following any tips or instructions you receive through the Website or participating in any event announced on the Website. Not all exercises or activities described on the Website are suitable for everyone. If you think you may have a medical emergency, call your physician or 911 immediately. If you feel discomfort or pain, please consult your physician.
The SleepBot Website is intended for tracking and managing your sleep data. We are not responsible for any health problems that may arise during your use of the Website. By using the website you agree that you do so at your own risk and are voluntarily participating in these activities.

Information on the Website

We try to provide helpful and accurate information on the Website, but we cannot verify, endorse or vouch for the information, services or recommendations available through the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Website. Reliance on any information provided by SleepBot by invitation or as visitors is solely at your own risk.

Registration and Password

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. You grant SleepBot the right to use your information in connection with the operation of the Website. SleepBot cannot and does not assume any responsibility or liability for any loss, damange, or misuse of information you submit by you or third parties.
You represent that the information that you provide about yourself as requested in the SleepBot account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing SleepBot with your current email address, so that you may receive notifications and other account-related communications.

Indemnification

You agree to hold harmless, defend, and indemnify SleepBot LLC. and its affiliates from and against any claims, liabilities, costs, damages, actions or demands including reasonable legal and accounting fees relating to or arising from your use of the Site, any messages that you transmit to or through the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.
We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Third Party Websites

The Website may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third party websites, you do so at your own risk. SleepBot suggests that you read the terms of use and privacy policies on those third party websites. You agree that SleepBot has no liability for any damage or loss of any type that is a result of your use of a third party website.

Electronic Contracting

Your affirmative act of using this Website and/or registering for the Website constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by and construed in accordance with United States laws without respect to its conflict of laws principles. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SleepBot’s failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by SleepBot in writing. These terms and conditions constitute the entire agreement between you and SleepBot with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

Content Disclaimer

This website is provided by SleepBot and its content “as is.” You assume complete responsibility for your use of the SleepBot site. You understand and agree that the SleepBot site is not intended to substitute for any type of physician care or service. You are responsible for any decisions regarding your sleep or behavior and you should not make any decisions based solely on information provided on the SleepBot site.
SleepBot does not make any representations or warranties of any kind, express or implied, as to the operation or availability of the website, its content, or any information made available by or through the website. SleepBot does not warrant that the site will operate in an uninterrupted, secure, or error-free manner. SleepBot disclaims all warranties or representations of any kind with respect to the website, express or implied, including but not limited to the implied warranties of merchantability, fitness, title for a particular purpose and non-infringement. Any material downloaded or otherwise obtained through use of the Site is done at your own risk, and you will be solely responsible for any damage done to your computer or loss of data that results from such activity. SleepBot does not warrant the website is free of viruses or other potentially harmful content.

Limitation of Liability

SleepBot and third parties who contribute to the Site, are not responsible for any direct, indirect, punitive, economic, incidental, special or consequential damages, loss of goodwill or lost profits you might incur arising out of or in any connection with your use of or inability to use the SleepBot Site, Site content, including without limitation any and all liability arising out for breach of contract, breach of warranty, negligence, and any other statutory contract, legal theory, tort, and/or other liability. SleepBot affiliates and partners have no liability arising from the website.