Terms of Use

YOU SHOULD CAREFULLY READ THIS ENTIRE TERMS OF USE AGREEMENT (“TERMS OF USE”) BEFORE USING AND/OR SUBMITTING INFORMATION ON THE VMOSO DBA RESTORE SLEEP (“PROVIDER,” “RESTORE SLEEP,” “WE,” “US,” “OUR”) WEBSITES (“SITE” OR “SITES”).  BY USING THE SITES AND PARTICIPATING IN THE SERVICES OFFERED ON THE SITES OR AVAILABLE THROUGH THE SITES’ APPLICATIONS AND/OR PURCHASING OUR PRODUCTS OR SERVICES (“PRODUCTS”) BY OR THROUGH THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE. THESE TERMS OF USE EXPLAIN A CONTRACTUAL AGREEMENT BETWEEN YOU AND RESTORE SLEEP REGARDING YOUR USE OF THE SITE AND YOUR ACCESS TO THE CONTENT AVAILABLE ON THE SITE.

You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein.

Agreement to Terms of Use

By using the Site, you agree to these Terms of Use as amended from time to time.  If you do not intend to accept these Terms of Use, please do not use the Site. When you access the Site and at various other places on the Site, you specifically acknowledge your agreement with the most current version of these Terms of Use.  The failure to include a specific acknowledgment at any point on the Site shall not be construed to diminish the applicability or effectiveness of these Terms of Use. Restore Sleep’s Privacy Policy (the “Privacy Policy”) (located at https://Restore Sleep.com/privacy-policy) and Restore Sleep’s Terms of Use (the “Terms of Use”) (located at https://Restore Sleep.com/terms-of-sale) are each incorporated by reference and are subject to these Terms of Use, as set forth below.

Terms of Use Changes

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use, including, but not limited to, the Privacy Policy or Terms of Use, at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site after the posting of changes to these Terms of Use will mean you agree to abide by those changes.  Any amendment to these Terms of Use by you must be agreed to by us in writing.

Content Ownership

The Site and the content accessible through the Site, and all intellectual property rights included in or associated with the Site, including but not limited to patents, copyrights, trademarks, and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Site and Content remain with us. Except as ordinarily occurs when a website is downloaded to your computer in the normal course of browsing websites, material from the Site may not be copied, distributed, republished, uploaded, posted, modified, reverse-engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. In any event, you may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Site or in the Content.

Disclaimer of Warranties

The material on this site could include technical inaccuracies or typographical errors. YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORTS ARE WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY, OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT. We also do not guarantee uninterrupted or secure access to the Site, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components.

Limitation of Liability

We are an online service provider; we are not responsible for any loss or injury whatsoever due to content or other information published through this Site. The Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. We will also not have any liability for any loss of data, degraded data, old or outdated data, or errors in data resulting from non-deliveries, misdeliveries, or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Site. The limitations of liability provided in these Terms of Use inure to our benefit, our affiliates’ benefit, and all of our respective officers, directors, employees, attorneys, and agents.

IN NO EVENT SHALL RESTORE SLEEP BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

No Medical Advice

Information that WE post on the Site is for educational or informational purposes only and is not intended to substitute in any way for medical treatment, advice, or diagnosis by a healthcare professional. You should not rely on the information you receive from or through the Site for any personal, medical, or health decision; you should consult with a qualified healthcare professional for specific information suited to your needs. You should never change or stop any course of treatment prescribed by your healthcare provider without first consulting him or her. IF YOU ARE EXPERIENCING A HEALTH EMERGENCY, PLEASE CALL 911.

Termination

We may, at our sole discretion and at any time, discontinue the Site, either in part or in whole, with or without notice. You agree that any termination of your access to the Site may be affected without prior notice, and you agree that we shall not be liable to you or any third party for any such termination.

Prohibited Activities

You may not use any device, software, or routine, including but not limited to any viruses, trojan horses, worms, time bombs, or other malicious code, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.

Linking and Third-Party Content

The Site may contain links to third-party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Site may contain news, information, or pricing published by various third-party providers. Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.

Laws and Regulations

You must comply with all applicable laws, statutes, ordinances, and regulations regarding: (i) use of the Site and (ii) release of information to and retrieval of information from the Site.

Indemnification

You agree to indemnify, defend, and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to Provider; and/or (iv) any intentional wrongdoing by you.

Assignment

You do not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

Governing Law, Arbitration and Jurisdiction

You recognize that, although the Internet can be accessed from anywhere in the world, the Site is located in CALIFORNIA, United States of America, and that when you access the Site, you are doing so in CALIFORNIA, United States of America. These Terms of Use shall be governed by and construed per the internal substantive laws of CALIFORNIA without giving effect to any principles of conflict of law and the federal laws of the United States of America.  

In the interest of resolving disputes between you and Restore Sleep most expediently and cost-effectively, you and Restore Sleep agree that any dispute arising out of or in any way related to these Terms or your use of the Site or Products will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site or Services or Products, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND RESTORE SLEEP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue enforceable action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE SHALL BE FILED ONLY IN SAN MATEO COUNTY, CALIFORNIA, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN SAN MATEO COUNTY, CALIFORNIA.

No Class Actions- YOU AND RESTORE SLEEP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Restore Sleep agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Privacy Policy and Terms of Use

As set forth above, by agreeing to these Terms of Use, you also agree to our Privacy Policy located at https://www.restoresleep.com/privacy-policy and our Terms of Use located at https://www.restoresleep.com/terms-of-sale each of which is incorporated herein by reference. These Terms of Use and the Privacy Policy are subject to change from time to time. Your continued use of the Site constitutes your acceptance of any changes to the Privacy Policy or the Terms of Use.

Miscellaneous

Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.  These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us concerning this subject.

Contact

If you have any questions about these Terms of Use or any Restore Sleep site, you may contact us at:

customercare@RestoreSleep.com or 650-268-4289 or send mail to us at:

Restore Sleep, Inc.

Attn: Privacy Officer

700 El Camino Real Suite 120
Menlo Park, CA 94025