Terms of Service

Effective date: March 7th, 2024

OVERVIEW

This website is operated by SleepHabits. Throughout the site, the terms “we”, “us” and “our” refer to SleepHabits. SleepHabits offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 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.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the 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, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on an e-commerce platform that allows us to sell our products and services to you.

SECTION 1: ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information which is provided for your reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information.

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service without notice.

We shall not be liable for any modification, price change, suspension or discontinuance of the Service.

SECTION 5: PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display will be accurate.

We reserve the right to limit sales of our products or services to any person, geographic region or jurisdiction on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order. We may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

SECTION 7: OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or related to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

Certain content, products, and services available via our Service 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, and we do not warrant and will not have any liability or responsibility 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 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail,

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through our store is governed by the SleepHabits Privacy Policy. We value your privacy and are committed to protecting your personal data in compliance with the latest data protection regulations.

SECTION 11: ERRORS, INACCURACIES, AND OMISSIONS

From time to time, there may be information on our site that contains typographical errors, inaccuracies, or omissions related 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 on the Service or any related website is inaccurate, at any time without prior notice.

SECTION 12: PROHIBITED USES

In using our site, you are prohibited from any unlawful use, soliciting others to perform unlawful acts, violating any laws, infringing on intellectual property rights, harassing or discriminating against others, submitting false information, transmitting harmful code, collecting personal information of others without consent, and interfering with security features of our Service or any related website.

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

SleepHabits does not guarantee that your use of our Service will be uninterrupted or error-free and does not warrant the accuracy or reliability of any results from using the Service. The Service is provided 'as is' without any representation or warranties of any kind. Our liability for any damages related to your use of the Service is strictly limited by these Terms.

SECTION 14: INDEMNIFICATION

You agree to indemnify and hold harmless SleepHabits and its affiliates from any claims, damages, or expenses arising from your breach of these Terms of Service or your violation of any law or third-party rights.

SECTION 15: SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, that provision will be severed from these Terms without affecting the enforceability of the remaining provisions.

SECTION 16: TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive termination. These Terms are effective unless terminated by you or us. We may terminate these Terms if we suspect you have failed to comply with any term or provision.

SECTION 17: ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver. These Terms and any policies posted by us constitute the entire agreement between us and supersede any prior agreements.

SECTION 18: GOVERNING LAW

These Terms and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of The State of Florida, United States.

SECTION 19: CHANGES TO TERMS OF SERVICE

We reserve the right to modify these Terms at any time. It's your responsibility to check for changes. Continued use of our website after changes constitutes acceptance of those changes.

SECTION 20: CONTACT INFORMATION

For questions about these Terms of Service, please contact us via info@oursleephabits.com

SECTION 21: SLEEPHABITS PRODUCT DISCLAIMER

The use of SleepHabits products is subject to the user's acknowledgment of responsibility for their own health and well-being. Our products are intended as aids for better sleep but are not medical devices. Users should consult with healthcare professionals before using our products if they have any health concerns. SleepHabits is not liable for misuse of products or for any indirect damages resulting from their use.

SLEEPHABITS SHIPPING PROTECTION TERMS OF USE

This agreement outlines the terms under which SleepHabits offers shipping protection services. Users must give timely notice of loss or damage, provide evidence if required, and understand that replaced items become SleepHabits property. The services are provided "as is" with disclaimers on warranties and limitations on liability. Users must be at least 18 years old and agree to these terms upon use.

SECTION 22: SLEEPHABITS PRODUCT USE TERMS

The use of SleepHabits products ("Products") is subject to the following terms and conditions:

Product Intended Use: Our Products are designed solely for enhancing sleep quality and providing respiratory support during sleep. They are not intended to diagnose, treat, cure, or prevent any medical conditions.

Individual Responsibility: Users of our Products acknowledge their responsibility for their own health and well-being. SleepHabits does not assume liability for improper use, misuse, or application of its Products.

User Acknowledgement: By using our Products, users confirm they have read and understood all provided instructions, warnings, and precautions and agree to use the Products at their own risk.

No Medical Advice: Information provided by SleepHabits, including product descriptions and articles, is for informational purposes only and is not medical advice. Users should consult healthcare professionals before using any Products.

Disclaimer of Liability: SleepHabits, its directors, officers, employees, or affiliates shall not be liable for any damages arising out of or in connection with the use of the Products, whether direct, indirect, incidental, consequential, or otherwise.

Indemnification: Users agree to indemnify SleepHabits and its affiliates against any claims or damages arising from the use of the Products.

Governing Law: This disclaimer is governed by the laws of the state where SleepHabits is registered, without regard to its conflict of law principles.

Contraindications for Use: The Product should not be used by individuals with respiratory conditions, trouble breathing through the nose, severe heart conditions, or any other condition that may compromise breathing or is contraindicated with the use of our Products.

Risk Acknowledgment: The use of our sleep aid products carries inherent risks if used improperly. Users should immediately discontinue use and seek medical attention if they experience adverse reactions. SleepHabits is not liable for any injuries or damages resulting from the use of its Products.

TERMS OF USE

This is a legal contract between SleepHabits ("Company") and you ("User"). By using the Company's Sites or Services, you agree to these Terms of Use. If you disagree with these Terms, you should not use the Sites or Services.

SleepHabits Shipping Protection Service: This service enhances our online storefront by offering Users the option to add Shipping Protection to their purchases. This is not insurance; it provides value coverage for lost or damaged items subject to our discretion.

(a) Declared Value: The cost of the product as stated at the time of purchase.

(b) Procedure for Shipping Protection:

Timely Notice: Users must report lost or damaged products within a specified period from the purchase date.

Replacement Shipping: The Company will determine shipping methods for replacements.

Additional Verification: Users may need to provide proof for claims.

Ownership After Claim: Approved claimed products become the Company's property, and any recovered items must be returned to the Company.

Eligibility: Users confirm they are of legal age and agree to these Terms.

Disclaimer of Warranties & Limitation of Liability: The Company provides Sites and Services "as is" and limits its liability according to these Terms.

Modifications, Assignment & Communications: The Company may modify these Terms. Users cannot assign their rights under these Terms without consent. Agreement to electronic communications for all contractual purposes.

Privacy & Entire Agreement: Recognition of the Company's Privacy Policy and acknowledgment that these Terms constitute the full agreement between User and Company.

Governing Law & Dispute Resolution: These Terms are governed by applicable state laws. Disputes will be resolved through mediation or arbitration.

Waiver of Jury Trial: Both parties waive any rights to a jury trial in favor of arbitration or mediation.

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