Welcome to Sleep Easy! Sleep Easy, LLC ("Sleep Easy") provides its website located at www.SleepEasyMethod.com (the "Site") and its sleep programs are accessible via its mobile device application ("App"). The Site, our services and App are collectively called the "Services." Please read these Terms of Service (the "Terms") carefully because they govern your use of our Services.
Agreement to Terms
Your access to and use of the Services is conditioned on your acceptance of and compliance with the Terms. These Terms apply to all Services used by you and may be amended prospectively at any time. Such terms as are in effect at the time of your use of our Services shall continue to apply to such Services. These Terms apply to all visitors, users and others who access or use the Services. By signing up or otherwise using Services, you are entering into a binding contract with Sleep Easy.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we make material changes to the Terms, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may terminate your Account and you may not use the Services anymore. Because our Services are evolving, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion - see "Service Limitations and Modifications" below.
Except for certain types of disputes described in the "Arbitration" section below, you agree that disputes between you and Sleep Easy will be resolved by good faith best efforts of us both, and if unsuccessful, by binding, individual arbitration. You are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Who May Use the Services
You may use the Services only if (i) you are 18 years or older, or 13 years or older and have your parent's or guardian's consent to the Terms and (ii) have the power to enter into a binding contract with us and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled "Purchases" below), you must be 18 years or older and capable of forming a binding contract.
Registration and Your Information
If you want to use certain features of the Services, you'll have to create an account ("Account"). You can do this via the App or the Site or through your account with certain third-party social networking services such as Facebook (each, an "SNS Account"). If you choose the SNS Account option, we'll create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information as your Privacy settings on the SNS Account permit us to access. It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone, and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them unless you notify us as quickly as possible in writing.
Using the Services
Via the Services, users can select from a variety of sleep programs and resources audio sessions. You can also use the paid functionality of the Services to utilize the enhanced functionality of the Services or purchase items that are offered for sale through the Services (the "Products"), as described in further detail under the Section titled "Purchases" below. You agree that you are using the Services for your own personal, non-commercial use and that you will not redistribute or transfer the Services.
You understand and agree that the Services, Products and any other information you learn from Sleep Easy are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
You agree to abide by our Terms and not use the Services or any part thereof in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, we grant no right, title or interest in the Services.
If you have any concerns or objections regarding charges, you agree to raise them with us first, and you agree not to cancel or reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Sleep Easy. Sleep Easy reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Sleep Easy deems appropriate in its sole discretion. Sleep Easy also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Sleep Easy will either not charge you or refund the charges for orders that we cancel or do not process.
Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription
All amounts are payable and charged: (i) for yearly subscriptions, at the beginning of the subscription term and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at support@SleepEasyMethod.com. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current Subscription period, and you will continue to receive the Services ordered until the end of your current Subscription period. The cancellation will take effect the day after the last day of the current Subscription period.
Changes to Price Terms for Subscriptions
Sleep Easy reserves the right to change its pricing terms for Subscriptions at any time and Sleep Easy will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Sleep Easy's pricing terms, you may choose not to renew your Subscription prior to the price change taking effect per the section "Subscriptions Automatically Renew Until You Cancel & How to Cancel Your Subscription.
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Sleep Easy regarding future functionality or features.
We welcome feedback, comments and, suggestions for improvements to the Services or Products ("Feedback").
You can submit Feedback by emailing us at feedback@SleepEasyMethod.com. You acknowledge that the Feedback is not confidential, and you authorize Sleep Easy to use Feedback without restriction and without payment to you. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and that otherwise exploit the Feedback for any purpose. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any Feedback and your right to object to derogatory treatment of such Feedback.
Content and Content Rights Is For purposes of these Terms,
(i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that users (including you) provide to be made available through the Services, including Feedback. Content includes without limitation User Content.
Aside from the rights specifically granted below, Sleep Easy does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Sleep Easy and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to Sleep Easy a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and other users. You agree that, with respect to any User Content you post on the App, (i) you own or have the right to post such User Content and (ii) such User Content, or its use by Sleep Easy as contemplated by the Terms, doe not violate the Terms or any other rights set forth under applicable law or the intellectual property, publicity, personality or other rights of others or imply any affiliation with or endorsement of you or your User Content by Sleep Easy without the express written consent from Sleep Easy.
Sleep Easy may, but has no obligation to, monitor, review or edit User Content. In all cases, Sleep Easy reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Sleep Easy's sole discretion, violates the Terms. Sleep Easy may take actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion.
You are solely responsible for all User Content that you post. Sleep Easy is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SLEEP EASY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SLEEP EASY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
Rights in Content Granted by Sleep Easy
Subject to your compliance with these Terms, Sleep Easy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps
Rights in App Granted by Sleep Easy
Subject to your compliance with these Terms, Sleep Easy grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your non-commercial purposes. Sleep Easy reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. In consideration for the rights granted by Sleep Easy, you grant us the right to (i) allow Sleep Easy to use the processor, bandwidth and storage hardware on your mobile device or computer, (ii) to provide advertising and other information to you and (iii) to allow our business partners to do the same. In any part of the Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Sleep Easy's agreements with third parties. Some Content licensed by, provided to, created or otherwise made available by Sleep Easy may contain advertising as part of the Content. The Services makes such Content available to you unmodified.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only (i) on an Apple-branded product or device that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" outlined in the Apple Store Terms of Service.
If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:
You agree not to do any of the following:
Although we're not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so to operate the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third-Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and you acknowledge that we have no control over and are not responsible for the content, products or services on or available from or through those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources and you further acknowledge and agree that Sleep Easy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such websites.
We may terminate or suspend your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at support@SleepEasyMethod.com. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. If you or Sleep Easy terminate your access to the Services or your Account, or if Sleep Easy suspends your access to the Services, you agree that Sleep Easy shall have no liability or responsibility to you, and Sleep Easy will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
Service Limitations and Modifications
Sleep Easy will make reasonable efforts to keep the Service operational. However, certain technical difficulties, maintenance or testing, or updated required to reflect changes in relevant laws and regulatory requirements may, from time to time, result in temporary interruptions. Sleep Easy reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification or discontinuation of the Services or any function or feature thereof. You understand, agree and accept that Sleep Easy will make reasonable efforts, although it has no obligation, to maintain, support, upgrade or update the Services, or to provide all or any specific content through the Services. Sleep Easy and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
The Services, Products and Content are provided "as is," without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
Neither Sleep Easy nor any other owner of Content warrants that the Services are free of malware or other harmful components. In addition, Sleep Easy makes no representation nor does it warrant, endorse, guarantee or assume responsibility for any third party applications (or the content thereof), User Content, devices or any other product or service advertised, promoted or offered by a third party on or through the Services or any hyperlinked website, or featured in any banner or other advertising and Sleep Easy is not responsible or liable for any transaction between you and third party providers of the foregoing. No advice or information, whether or al or in writing, obtained by you from Sleep Easy shall create any warranty on behalf of Sleep Easy.
This section does not affect your statutory rights as a consumer.
You will indemnify and hold harmless Sleep Easy and its officers, directors, employee and, agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Limitation of Liability
Neither Sleep Easy nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, indirect, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sleep Easy has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will Sleep Easy's total liability arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content exceed the lesser amount you have paid to Sleep Easy for use of the Services, Products or Content or fifty dollars ($50), if you have not had any payment obligations to Sleep Easy, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Sleep Easy and you.
These Terms and any action related thereto will be governed by the laws of the State of Colorado without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Sleep Easy agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction pending a final ruling from the arbitrator. You acknowledge and agree that you and Sleep Easy are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Sleep Easy otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. This "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. In the alternative and with the written agreement of both parties hereto, the substantive elements of the dispute may instead be determined and conducted under procedures and requirements of JAMS, applying Colorado law and only such rules of procedure and evidence as may be required or stipulated by JAMS. The following provisions relating to the Arbitration Process may, in the event of mutual agreement of the parties, be replaced by applicable JAMS procedures.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Sleep Easy otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely based on the documents that you and Sleep Easy submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's claim. It is agreed by you and Sleep Easy that each party to the arbitration will be responsible for its own costs and expenses, including attorneys' fees, and will share equally in all costs and fees of the arbitration proceedings.
Notwithstanding the provisions of the "Modification" section above, if Sleep Easy changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to feedback@SleepEasyMethod.com) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Sleep Easy's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Sleep Easy per the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Sleep Easy and you regarding the Services, Products and, Content, and these Terms supersede and replace all prior oral or written understandings or agreements between Sleep Easy and you regarding the Services, Products, and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Sleep Easy's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Sleep Easy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Sleep Easy under these Terms, including those regarding modifications to these Terms, will be given: (i) by Sleep Easy via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Sleep Easy's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sleep Easy. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Thank you for reading our Terms. We hope you enjoy Sleep Easy! If you have any questions about these Terms or the Services or Products, please contact Sleep Easy at email@example.com.