PRIVACY OF CHILDREN
Our Site and Services are not intended for children. You must be at least eighteen (18) years of age to use the Site and/or Services related to the Site. If we learn or have reason to suspect that a user is under age eighteen (18), we will promptly delete any personal information in that user’s account.
What is Personal Information?
Categories of Information We Collect
How We Collect Information (Sources)We collect information on our Site and during calls with you. We also obtain information from you and from third parties. For example, we collect and obtain information:
You provide, such as when you make a purchase, interact with a salesperson, visit or contact us, register for an online account, participate in a contest or sweepstakes, respond to a survey, engage in a promotional activity, apply for employment, or sign up for emails or marketing;
From Wi-Fi and mobile devices, such as information about your device when you use our Site or Services;
From third parties, such as service providers that we use, analytics companies, advertising networks and cooperatives, demographic companies, third parties that provide us with information about you and the different devices you use online, and other third parties that we choose to collaborate or work with;
From social media platforms and networks that you use in connection with our Site or mobile application, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our Site (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media), we will collect the information that you share with us, or that those social media platforms or networks share with us. For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use;
How We Use Information We use the information that we collect to conduct our business and to provide you with the best possible products, services, and experiences. We also may combine any or all of the information that we collect or obtain. Examples of how we use information include:
To provide you with products and services, such as to: fulfill your orders and process your payments; process, maintain and service your account(s); and to provide you with products and services that we think you will like;
To respond to you, such as when you: place an order; call us; make a request or inquiry; enter a contest or sweepstakes; complete a survey; or share a comment or concern;
For personalization of your experiences with us, including to: remember your interests and preferences; customize the products and services we share with you; facilitate your interactions with our salespeople; track and categorize your activity and interests on our Site, including by identifying the different devices you use; and to enrich your experience on our Site;
For marketing and advertising, such as to: send you marketing and advertising communications, and to customize the marketing and advertising that we show you (we offer choices about marketing and advertising as noted in the Your Choices section below);
For analytics, such as to: understand how you use our Site and our Services; understand how you shop with us; determine the methods and devices used to access our Site; troubleshoot technical difficulties and errors; and improve Site functionality;
For our business purposes, such as: to operate and improve upon our business and lawful business activities; to maintain our programs, accounts, and records; for research; to determine your satisfaction with our products and Services; to detect and prevent fraud or misuse of our Services; and for any other business purpose that is permitted by law;
For legal and safety purposes, such as to: defend or protect us, our customers, you, or third parties, from harm or in legal proceedings; protect our rights; protect our security and the security of our customers, employees, and property; respond to court orders, lawsuits, subpoenas, and government requests; address legal and regulatory compliance; respond to an emergency; and notify you of product recalls or safety
Who We Share Information With
Our family of brands and companies, owned or controlled by us, including our affiliates, parents, and subsidiaries;
Parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party; and
Additional third parties such as law enforcement, government entities, courts, or other third parties as required or allowed by applicable law, such as for the legal, protection, and safety purposes described under the “How We Use Information” section above, or otherwise to help prevent harm or fraud to us, you, our customers, or other third parties. We also may share personal information with third parties upon your request or with your approval, though we may not be able to accommodate all requests. Finally, we may also share aggregated and/or anonymized data with others for their own uses. We do not sell, trade, or otherwise transfer to outside parties your personal information outside of the situations detailed above, unless you consent otherwise.
Security and Protection of Your Personal Data
We take the security of your personal information seriously and use reasonable electronic, personnel and physical measures to protect information from loss, theft, alteration or misuse. However, in general, information transmitted through the Internet may not be perfectly secure, and we are unable to guarantee the security of your personal information. Please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will access your information. We are not responsible for third-party circumvention of any privacy settings or security measures.Wherever we or a trusted third-party service collects sensitive information (such as credit card data), that information is encrypted and transmitted in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for “https” at the beginning of the website address, also known as a URL, of the web page. When you make a purchase at our store with a credit card, our payment processor stores your credit card data, ensuring that it is encrypted through PCI-DSS, then deletes the transaction information as soon as it is no longer necessary. We will never transmit sensitive financial information by email.We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following: Reviewing your account periodically and immediately reporting any unexpected activity or unrecognized information;Installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;Using complex passwords (a minimum of 7 alpha/numeric cAsE sEnsitive characters);Not using the same password on more than one website;Not sharing your password with others;Password protecting your computer and mobile device; andSigning out/logging off of website sessions so that your session is closed, especially when using a public computer.We are dedicated to protecting all personal information as is necessary. However, you are responsible for maintaining the confidentiality of your personal information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you learn of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody, you should notify us immediately.
Your Choices and Access Requests
You have the right to request we disclose what personal information we collect, use, or disclosed, and we strive to offer you choices about how personal information is used and shared. Your choices include:
Social Media Platforms and Networks. We encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us.
Email Choices. You can opt out of marketing or advertising emails by using the “unsubscribe” link or mechanism noted in marketing or advertising emails you receive from us or by emailing email@example.com. You may also request to opt out of marketing or advertising emails by contacting us through one of the methods specified in the “Contact Us” section below and sharing the email address at which you are receiving marketing or advertising emails.
Direct Mail Choices. You may opt out of receiving marketing or advertising by direct mail by contacting us through one of the methods specified in the “Contact Us” section below and sharing the name and mailing address that you would like to opt out. Please note that these requests may take up to 8–10 weeks to become effective.
Telephone Choices (calls and texts). We will not place a call or send a text message for informational or marketing purposes without obtaining your consent. If you have opted-in, RealSleep provides alerts, information, promotions, specials, and other marketing offers via text messages through your wireless provider to the mobile number you provided. By opting-in, you agree to receive recurring messages each month. You may need to confirm your consent, such as by following the instructions contained in an initial text message we send. Messages may be sent using an automatic telephone dialing system or artificial or pre-recorded messages. You understand that consent to receive such text messages is not required as a condition of purchasing any goods or services. Message and data rates may apply. You will have the ability to opt-out of receiving text messages at any time by texting “STOP” in response to a text message that you receive. You can also opt out of receiving marketing or advertising calls or text messages by contacting us through one of the methods specified in the “Contact Us” section below and sharing the phone number that you would like to opt out.
Access Requests. If you have registered for an online account, we allow you to access and update certain personal information that you have provided to us by logging into your online account and using the features and functionalities available there. Unless alternate procedures are noted for your state in the “Notices, Disclosures, and Jurisdiction-Specific Rights” section below, you may also make a request for access to your personal information by sending an email or writing to us at the address specified in the “Contact Us” section below. Only you, or a person legally authorized to act on your behalf (an “Authorized Agent”), may make a verifiable consumer request related to your personal information. We are not able to grant all access requests, and we may request additional information from you in order to verify your identity before accommodating an access request.
Right to Request Deletion of Personal Information. You have the right to request deletion of your personal information. You can request the deletion of your personal information by [INSERT AT LEAST TWO SPECIFIED OPTIONS – SEE COMMENTS]. Only you, or an Authorized Agent may make a verifiable consumer request related to your personal information.
You may have additional rights in the state in which you reside. Please see the “Notices, Disclosures, and Jurisdiction-Specific Rights” section below for additional information.
Updating your Personal InformationIt is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.
Notices, Disclosures, and Jurisdiction-Specific RightsLinks to Other Websites and Services. Our Site may provide links to other Internet sites, content or videos (embedded or direct links) maintained by third parties. We are not responsible for the sites, content, or videos accessed via the links, and we have not reviewed the privacy practices of those third parties. We encourage you to review the privacy practices of those third parties.
Browsers Do Not Track Signals. While we strive to offer you choices when you use our Site and Services, we do not promise that we will be able to receive or honor web browser Do Not Track signals.
California Privacy Rights. Please see the “Your California Privacy Rights” section, below.
International Customers. If you provide personal information through our Site separate from a purchase, you agree that the personal information will be transferred to and processed in the United States of America and any other country or jurisdiction at our sole discretion. The laws that apply to the use and protection of personal information in the United States or other countries or jurisdictions in which we transfer or process personal information may be different than the laws and protections in your country.
European Privacy Rights. If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Site or Services. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Site or Services. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us. If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.To exercise any of these rights, contact us at the address set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within thirty (30) days. In addition, we may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including, as necessary, to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
Your California Privacy RightsIf you are a California resident, the California Consumer Privacy Act grants you the following rights with respect to your personal information. The right: (1) to update or amend personal information that we have collected about you if it is inaccurate or incomplete; (2) to request that we disclose the personal information that we hold about you; (3) to request the categories of sources from which your personal information is collected; (4) to request the categories of third parties with whom we share personal information; (5) to request the commercial purpose for collecting your personal information; (6) to request the categories of personal information sold and the categories of third parties to whom the personal information was sold; (7) to request that we erase or restrict personal information; (8) to object to the processing of your personal information with respect to direct marketing purposes; and (9) not to receive discriminatory treatment for the exercise of your privacy rights. You have the right to request this information up to two (2) times in a twelve (12)-month period. You also have the right to designate an Authorized Agent to make a request on your behalf.To exercise your California privacy rights, submit a request by [INSERT AT LEAST TWO SPECIFIED OPTIONS – SEE COMMENT ABOVE], and provide the information required. Once we receive your request, we will validate the information that you provide with the information we have collected and send a message to the email address you provide in the request, requesting you to verify that it is your email address. Please follow the instructions in that email to verify your email address. We will begin processing your request once you verify your email address. If you maintain a password-protected account with our Site, we may verify your identity through our existing authentication practices for your consumer account.We do not sell, trade, otherwise transfer your personal information outside of the situations detailed above, so we do not have an opt-out. If you have questions about these practices, please contact us at firstname.lastname@example.org.
Authorized AgentsIf you would like an Authorized Agent to submit a request on your behalf, please send us an email at email@example.com for instructions and details on proof required for use of an Authorized Agent.
Right Non-DiscriminationWe will not discriminate against you for exercising any of your rights under the California Consumer Privacy Act. Unless permitted by the Act, we will not:Deny you products or Services.Charge you different prices or rates for products or Services, including through the use of discounts or other benefits or imposing penalties.Provide you with a different level or quality of products or Services.Suggest that you will receive a different price or rate for products or Services or a different level or quality of products or Services.
We recognize the need to develop electronic and information technology (E&IT) products and services that are accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of RealSleep’s Site and Services.These services include:
Customer Technical Support to answer general and/or technical questions1-800- Toll-free telephone numberLive Chat for the hearing impaired and other usersAvailable Monday-Friday from 7:00 a.m. to 5:00 p.m. PST, excluding holidays
General Product Information1-800 Toll-free telephone number
Users may download free documentation, reference materials, and user guides at [INSERT LINK HERE] (e.g. URL/documentation). In addition, users may request product documentation and reference materials in alternate formats.
RealSleep, Inc.Address: 14 Mast St, Number 2, Venice, CA 90292Phone: [●]E-mail: firstname.lastname@example.org
Welcome to the RealSleep Website. Please read these terms and conditions of service (“Terms of Service”) carefully before using this website. By accessing any areas of this site, you agree to be bound and to abide by the terms and conditions set forth below. If you do not agree with any part of the following terms and conditions, you do not have any right to use this website.
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Realsleep, Inc. (“Company” or “we” or “us” or “our”), governing your access to and use of the www.realsleep.co website as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Site”), and any products (“Products”) or services supplied by or on behalf of us through the Site (collectively, “Services”). Supplemental terms and conditions or documents that may be posted on the Site from time to time, and any new features or tools that are added to the Site shall also be subject to and are hereby expressly incorporated into these Terms of Service by reference.
These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to be bound by all of the terms and conditions contained herein, you may not access or use the Site or the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify, or replace any part of these Terms of Service in our sole discretion by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. By accessing this Site or using our Services following any such change, you agree to adhere to and be bound by the Terms of Service as modified.
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years old, and that your use of the Site, Services, or Products does not violate any applicable law or regulation. Any use of the Site, Services, or Products by persons under the age of eighteen (18) is strictly prohibited.
Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Our Products are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or illness. These Products and any statements made regarding these Products have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) for any indication, including safety and efficacy. By accessing this Site, you acknowledge the information provided on this Site, within any of Company’s social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, is provided for informational and educational purposes only. In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site.
Company makes no representations that the Products or Services made available through this Site will be available or appropriate in every jurisdiction in which this Site may be accessed or Services utilized. To the best of Company’s knowledge, it operates legally under both state and federal law in the United States; however, it is up to you to determine whether accessing this Site and purchasing our Products are legal where you are. You access this Site and purchase our Products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations, and treaties. You may only place an order to purchase Company’s Products or use our Services in accordance with the laws of the United States and any applicable international jurisdiction in which you will possess, use, or ship any Products.
YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THESE TERMS IN THE FUTURE, YOU MAY NOT ACCESS, USE, OR CONTINUE TO ACCESS OR USE THE SITE OR OUR SERVICES.
SECTION 2 – SAFETY ACKNOWLEDGMENT
Please consult your healthcare professional about potential interactions or other possible complications before using any product. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical condition, seek the advice and assistance of a physician or trained health professional before purchasing our Products. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. Company shall not be held liable for medical or other claims made by third-parties or customer testimonials relating to the safety, use, or efficacy of our Products.
SECTION 3 – CONSUMPTION OF HEMP-DERIVED CBD AND DRUG TESTING
The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites. Company cannot guarantee that Products available for sale on this Site do not contain traceable amounts of THC nor can Company guarantee that use of Company’s Products will not result in failed drug screening for THC, other cannabinoids, or their metabolites. Your use of Company’s Products is at your own risk. Company is not responsible for any personal adverse employment or professional action related to your use of the Products.
SECTION 4 – REGISTRATION AND USER INFORMATION
You may also be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration or your User Information. You agree to notify us immediately of any unauthorized use of your account, username, or password.
You agree that you will not create more than one account. By registering and obtaining an account you affirm you will follow the Terms of Service. Your registration constitutes your consent to enter into agreements with us electronically.
We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.
We reserve the right to terminate your registration or to refuse Services to you, without prior notice to you, at any time and for any or no reason.
SECTION 5 – ORDERS AND PAYMENT
You agree that any order you place through the Site (each, an “Order”) is an offer to buy, under these Terms of Service, all Products and Services listed in your Order. We must accept all Orders before we are obligated to sell the Products or Services to you. Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email. We may choose not to accept any Order, or cancel any Order, in our sole discretion. If we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. You agree to pay for all Orders you place through the Site. By purchasing a Product using the Site, you agree to be bound by these Terms, [INSERT LINK TO SHIPPING POLICY] and our [INSERT LINK TO RETURN POLICY].
In the event you dispute the amount or validity of any payments made to Company, you must notify us within ten (10) days of payment, of any such dispute by mail or email at the address or email address listed below. You expressly agree that your failure to notify Company of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment. You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by Company in the event of failure to make payment.
All prices posted on this Site are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the Order is placed and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.
We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Please refer to our comprehensive Shipping Policy regarding shipping of Orders, available here [INSERT LINK TO SHIPPING POLICY].
Except for any Products designated on the Site as non-returnable, we will accept a return of the Products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made in compliance with our Return Policy available here, [INSERT LINK TO RETURN POLICY].
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, and in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – CONTENT
All content included on this Site, including without limitation, text, images, photographs, graphics, logos, button icons, trademarks, software, source code, databases, functionality, mobile applications, website designs, audio, and video (“Content”) is owned by or licensed by RealSleep and subject to copyright and other intellectual property rights under applicable laws. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ours, and is the exclusive property of RealSleep. No right, title, or interest in any materials or software is transferred to you as a result of use of this Site. You may neither actually nor attempt (nor otherwise authorize, encourage, or support others) to circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Site or its operations.
Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Site and the Content in accordance with these Terms of Service. We reserve all rights not expressly granted to you in and to the Site and Content.
We are not responsible if Content is not accurate, complete, or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Site.
SECTION 7 – THIRD-PARTY LINKS
Certain Content, Products, and Services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy for any third-party materials or websites. We do not warrant and are not liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8 – USER CONTENT, COMMENTS AND FEEDBACK
You agree that information provided to us by our visitors may be inaccurate or can change with little or no notice. RealSleep is not responsible for inaccurate information provided by visitors to the RealSleep Site. We take no responsibility and assume no liability for any User Content posted by you or any third party.
You agree that we may publish or otherwise disclose your name in connection with your User Content in our sole and absolute discretion. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content and are authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that User Content submitted by you to the Site will not violate any right of any third party, including copyright, trademark, privacy or other personal proprietary right(s). You further agree that no User Content submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site, Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are and shall remain solely responsible any User Content you make.
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
If you create a user account and provide us with your cell phone number, you agree and consent to receive certain text messages from us regarding the Site, Products and Services. These text messages may relate to the Site’s operations or include promotional messages. Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by us. You will have the option to opt out of receiving text messages by replying “STOP” to any text message sent by us. After requesting to opt out, you may receive text messages from us for just a brief time while your request is processed.
Company text messages may be generated by automatic telephone dialing systems and you hereby waive your right to pursue any claims (including any claim that arises while your request to opt out is pending) under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA cannot be waived, by using the Site or Services, you are agreeing that any claim against Company that cannot be waived, but which arises under the TCPA (including any claim that arises while your request to opt out is pending), will be arbitrated on an individual, and not on a class or representative, basis, in accordance with the Governing Law and Arbitration provisions of these Terms of Service.
SECTION 10 – MODIFICATIONS
We reserve the right at any time to modify or discontinue the Site, the Services (or any part or Content thereof) and Products without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Services, or Products.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Site or Services or on any related website is inaccurate at any time without prior notice (including after you have submitted an Order).
We undertake no obligation to update, amend or clarify information on the Site or related to the provision of any Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or Services or on any related website, should be taken to indicate that all information in the Site or Services or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Services, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sie, Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses.
SECTION 14 – DISCLAIMERS AND LIMITATION OF LIABILITY
THIS SITE AND ALL CONTENT OF THIS SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, SALABILITY OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS AS TO THE OPERATION OR AVAILABILITY OF THIS SITE OR THE IMPORTATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THIS SITE. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE, SERVICES, PRODUCTS, AND YOUR USE THEREOF.
COMPANY DOES NOT GUARANTEE THE QUALITY OF THE INFORMATION OR ANY MATERIAL PURCHASED OR ACQUIRED BY YOU ON THIS SITE IS ACCURATE OR MEETS YOUR EXPECTATIONS. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE EXTENT THAT A STATE OR DISTRICT DOES NOT PERMIT THE EXCLUSION OF LIABILITY AS SET FORTH HEREIN, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR DISTRICTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE PERIOD OF ONE (1) MONTH PRIOR TO ANY CAUSE OF ACTION ARISING, AND (B) FIVE DOLLARS ($5.00).
SECTION 15 – INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, DISTRIBUTORS, AND VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES ARISING FROM OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OF ANY OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY COMPANY, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH COMPANY’S DEFENSE OF SUCH CLAIMS. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT.
SECTION 16 - APPLICABLE LAW; JURISDICTION
The Site is created and controlled by RealSleep in the state of California. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and by the laws of the state of California without giving effect to any principles of conflicts of laws. Nothing in these Terms of Service will prevent Company from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
Each of RealSleep and you agrees to submit to the nonexclusive personal jurisdiction of the courts located within [INSERT CITY, STATE], and waives any objection to the laying of venue of any litigation in said courts.
SECTION 17 – ARBITRATION
In the event of any dispute with Company, you agree to first contact Company to attempt in good faith to resolve the dispute. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
If the dispute has not been resolved after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to these Terms of Service, the Site, Services or Products, including the determination of the scope or applicability of this agreement to arbitrate, or the alleged breach thereof, by binding arbitration, rather than in court, in [INSERT CITY, STATE], before one arbitrator jointly selected by the parties; provided that, if the parties are unable to agree upon an arbitrator within thirty (30) days of a party’s notice of intention to arbitrate, the parties shall agree to use the American Arbitration Association as an appointing authority. The arbitration shall be held in [INSERT CITY, STATE], in accordance with the American Arbitration Association’s Commercial Arbitration Rules. In any arbitration arising out of or related to this Agreement, the parties shall share the arbitrator’s fee and any filing fees equally. The arbitrator shall award the prevailing party its attorneys’ fees and costs, but shall not grant punitive damages. Judgment on the award may be entered in any state court having appropriate jurisdiction. The parties understand that by agreeing to binding arbitration, they are giving up rights that they may otherwise have to trial by a court or jury, and all rights of appeal. This section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.
SECTION 18 – CLASS ACTION WAIVER
Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Site, Products or Services signifies your explicit consent to this waiver.
SECTION 20 – SEVERABILITY
The provisions of these Terms of Service are intended to be severable. If for any reason any provision or part of a provision of these Terms of Service shall be held invalid, void, or unenforceable in whole or in part in any applicable jurisdiction, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
SECTION 21 – ACKNOWLEDGMENT; OTHER TERMS
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to any Services constitute the entire agreement and understanding between you and us and govern your use of the Site and any Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 – CHANGES TO TERMS OF SERVICE
RealSleep reserves the right to make changes to the Site, posted policies and Terms of Service at any time without notice or liability. You can review the most current version of the Terms of Service at this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 – ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
SECTION 24 – CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
SECTION 25 – MISCELLANEOUS
The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of these Terms of Service or use of the Site or Services. Upon Company’s request, you agree to furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
This Site is operated by RealSleep. All notice required or permitted under these Terms of Service shall be made in writing by mail or by email to:
14 Mast St, Number 2,
Venice, CA 90292
[Company phone number]
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to RealSleep at email@example.com.
Active ingredients: THC-free hemp extract, melatonin
Excipients (inactive ingredients): organic maltodextrin, microcrystalline cellulose, stearic acid, silicon dioxide, and magnesium stearate