General Terms and Conditions
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all content, services, digital products, tools or products is hereby expressly prohibited.
Without limiting the foregoing, when you use certain features of the Site and/or Services, such as features incorporating social media analytics and reporting, your use of such features will also be subject to the guidelines, term, agreements and conditions applicable to such features (the “Policies”). All such Policies are incorporated into these Terms by reference, and if these Terms are inconsistent with any Policy, the terms of such Policy will control.
In these Terms, the use of the words “SleepWorks Medical”, “SleepWorks”, “we”, “our,” and “us” refer to SleepWorks Medical Inc., a Canadian corporation doing business as SleepWorks Medical Inc. The words “user,” “you,” and “your” refer to entities that access and/or use the Site and/or the Services.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you are using the Site and/or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
We reserve the right to change or modify these Terms or any policy or guideline of the Site and the Services we offer at any time. We will notify registered users of changes by posting updates to
- Eligibility and Registration Data
You must be 13 of age or older to use the Site and/or Services. By using this Site and/or Services, you represent and warrant that you are 13 years of age or older and are fully able and competent to enter into and abide by these Terms.
- Trademarks and Materials
SleepWorks Medical Inc.’s designs, text, graphics, pictures, information, data, software (and the selection and arrangement thereof) logos, code, and designs (collectively, the “Site Materials”) are all property of SleepWorks Medical Inc. and are protected by intellectual property law. Use of these items is subject to these Terms and is only permitted within normal use of the Site and/or the Services. Your use of the Site and/or the Services grants you no right or license to reproduce or otherwise use any SleepWorks Medical Inc. or third-party trademarks except as expressly set forth herein.
- Use Restrictions; Limited License
You may access and use the Site and/or the Services only in compliance with these Terms and all applicable local, provincial, national, and international law, rules, and regulations. You are granted a limited, non-sublicensable license to access our Site and use the Services, and electronically view, copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials (except third party content) for your personal, informational and internal use only. You shall not: (i) resell or make any non-internal use of the Site, the Services or the Site Materials (or any portion thereof), unless expressly authorized in writing by SleepWorks Medical Inc.; (ii) distribute, publicly perform or publicly display any Site Materials (or any portion thereof); (iii) modify or otherwise make any derivative uses of the Site, the Services or the Site Materials (or any portion thereof); (iv) use any data mining, scraper, spider robots or similar data gathering or extraction methods to access, monitor or copy any Site Materials or other content or information used by the Site or the Services; (v) violate the restrictions in any robot exclusion headers on the Site or the Services or bypass or circumvent other measures used to prevent or limit access to the Site or the Services; (vi) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vii) deep-link to any portion of the Services for any purpose, unless expressly authorized in writing by SleepWorks Medical Inc.; (viii) “frame”, “mirror” or otherwise incorporate any part of the Site or the Services into any other web site, unless expressly authorized in writing by SleepWorks Medical Inc.; or (ix) use the Site, the Services or the Site Materials other than for their intended purpose and as expressly permitted by these Terms.
Any use of the Site, the Services or the Site Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. We reserve the right to revoke your authorization to access or use the Site and/or Services if we believe in good faith that you have violated these Terms or any laws whatsoever. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license granted by these Terms is revocable at any time.
- Third Party Links
You acknowledge and agree that any feedback, including but not limited to suggestions, comments, ideas or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant SleepWorks Medical Inc., its affiliates, subsidiaries, successors and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, legal proceedings, judgments, and any other legal claims, damage awards, or other compulsory payment or performance of any kind arising out of, resulting from, attributable to or in any way incidental to: (i) your use of the Site, the Services and/or the Site Materials; (ii) your conduct; (iii) your violation of these Terms; (iv) your violation of the rights of any third party; and (v) any User Content posted by you.
- Disclaimer of Warranties
THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT, OTHER SUBMISSIONS AND OTHER MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SITE, THE SERVICES AND THE SITE MATERIALS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. SLEEPWORKS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SLEEPWORKS AND OUR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, COMPATIBILITY AND PERFORMANCE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT. SLEEPWORKS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS DISPLAYED ON THE SITE OR THROUGH THE SERVICES OR ANY USER CONTENT.
YOU AGREE THAT YOUR USE OF THE SITE, THE SERVICES, THE SITE MATERIALS AND ALL USER CONTENT SHALL BE AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AND/OR THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, AT YOUR OWN DISCRETION AND RISK. SLEEPWORKS DOES NOT WARRANT THAT THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT DATA WILL NOT BE LOST OR THAT THE SITE OR THE SERVER THAT MAKES SUCH CONTENT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN SUCH EVENT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SLEEPWORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST SLEEPWORKS, ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO THE SITE, THE SERVICES, THE SITE MATERIALS AND THE USER CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
- Limitation of Liability
SLEEPWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT, INCLUDING NEGLIGENCE, SHALL SLEEPWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES, THE SITE MATERIALS OR ANY USER CONTENT;
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
- INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
- BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR SITES LINKED TO BY THIS SITE, BY ANY THIRD PARTY; AND/OR
- ERRORS OR OMISSIONS IN ANY CONTENT MADE AVAILABLE BY SLEEPWORS OR OUR USERS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SLEEPWORKS IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL SLEEPWORKS’ AGGREGATE LIABILITY EXCEED $100.00. THIS ALLOCATION OF RISK UNDER THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS SET FORTH IN THESE TERMS. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Copyright Infringement and Complaints
If you believe that anything on our site infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
E-Mail Address of Designated Agent: email@example.com
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including but not limited to costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- Applicable Law and Venue
These Terms and your use of the Site and/or the Services will be governed by and construed in accordance with the laws of the Province of British Columbia, applicable to agreements made and to be entirely performed within the Province of British Columbia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms or your use of the Site and/or the Services will be filed only in the Province of British Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and/or your use of the Site and/or the Services.
- Entire Agreement
These Terms, including all Policies, constitute the entire agreement between SleepWorks Medical Inc. and you concerning the Site and the Services. These Terms supersede any and all prior agreements or communications between SleepWorks Medical Inc. and you concerning the subject matter of these Terms.
Questions & Contact Information
Questions, comments and any other correspondence regarding our site may be directed to us at the email address firstname.lastname@example.org
Last Updated: September 23rd, 2019