Terms of Use

Terms of Use

EFFECTIVE DATE: September 2020

 

INTRODUCTION

Thank you for visiting SleeplessinNola.com (the “Site”). Please read these Terms of Use carefully each time you access our Site. All content, including these Terms of Use, is subject to change without notice.

The following is a legal agreement between you (“you,” “your” or “user”) and Sleepless in Nola, LLC. (“we,” “us” or “our”), which governs your access to and use of the Site and Service (defined below).

By accessing or using our Site, you acknowledge that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree with any of these terms, you may not access or use this Site.

These Terms of Use explain our obligations to you and your obligations to us and apply to all visitors, customers, and all others who access this Site.

We reserve the right, at any time, to modify, suspend, or discontinue the Site and/or Service without notice. You agree that Sleepless in Nola, LLC will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site and/or Service.

 

DESCRIPTION OF OUR SITE AND SERVICE

On this Site, we provide you with information about Sleepless in Nola, LLC., descriptions of our products and services, general sleep-related information, and pricing about our services (the “Service"). The information presented is subject to change without notice and is not guaranteed to be free from errors.

 

YOUR ELIGIBILITY TO USE OUR SITE AND SERVICE

This Site is not directed to children under the age of 18. To access or use this Site, you warrant that you are at least 18 years of age and are otherwise legally able to form a binding contract. You may use this Site only in compliance with these Terms of Use and all applicable laws and regulations. Any other use of this Site is prohibited. If you engage in any prohibited activity, Sleepless in Nola, LLC reserves the right to terminate or deny further access to Sleepless in Nola.com.

 

OUR INTELLECTUAL PROPERTY

The information contained on the Site and Service, including but not limited to informational text, writings, graphics, images, designs, layout, photographs, audio, video messages, data, and other content (the “Materials”) are owned by Sleepless in Nola, LLC. or parties that have licensed their material to us and are protected by copyright, trademark, trade secret, and other intellectual property laws and proprietary rights. All Sleepless in Nola, LLC. trademarks and service marks, logos, slogans, and taglines are the property of Sleepless in Nola, LLC. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on SleeplessinNola.com without our express written permission, or the express written permission of such third party that may own the trademark, service mark, logo, slogan, or tagline.

 

YOUR RIGHTS TO USE OUR INTELLECTUAL PROPERTY

You may view, download for caching purposes and print pages from portions of the Site for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

You may not modify or delete any copyright or proprietary notices from the Materials you print or download. You may not reproduce, re-publish, modify, post, transfer, transmit, display, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms of Use. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in these Terms of Use.

Any use of the Materials for any purpose other than as specifically permitted herein or without our prior written consent is expressly prohibited. We reserve all rights not expressly granted in these Terms of Use.

 

YOUR ACCEPTABLE USE OF OUR SITE AND SERVICE

We trust you to use our Site and/or Service responsibly. You agree to use the Site and/or Service for non-commercial purposes (i.e. you may not use the Site and/or Service to provide ads).

You agree not to use the Site and/or Service for any unlawful, illegal, harmful, or fraudulent activity. For example, you must not do any of the following through the Site and/or Service:

* Impersonate others;

* Misrepresent your affiliation with a person or entity that does or is intended to mislead or deceive others;

* Post, transmit or otherwise use other people’s private or personally identifiable information without their express consent;

* Send unsolicited commercial communications such as advertisements, promotions, spam, or other similar types of information;

* Imply or state, directly or indirectly, that you are affiliated with or endorsed by Sleepless in Nola, LLC. without our express written permission;

* Post or transmit any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or another right to do so;

* Post or transmit any materials which infringe or violates the rights of others;

* Post or transmit any defamatory, libelous, threatening, abusive, obscene, profane, sexually explicit, invasive of privacy or publicity rights, or otherwise objectionable information; or

* Any other conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law.

We reserve the right but are not obligated, to review, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the acceptable uses of our Site and Service or any other provision of these Terms of Use.

 

YOUR CONTENT

Some areas of the Site and/or Service may allow you to post, upload, submit, share, or otherwise make available information, text, graphics, or other material (“Content”). You retain full ownership of your Content, but you agree to grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use your Content for business purposes and in connection with providing the Site and/or Service to you.

You represent and warrant that you have all the rights, power, and authority to use or distribute any Content that you submit and that such use or distribution of the Content will not violate any laws, rules, regulations, or rights of third parties, including, but not limited to, any intellectual property rights or rights of privacy. You understand that if you do not have the right to submit Content, doing so may subject you to liability. You shall be liable for any damage resulting from any alleged or actual infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. We reserve the right but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.

 

Terminations/suspensions of account

This is for families that don't want access to the site or newsletter. You can unsubscribe to any correspondence we send you including newsletter, email, scheduling apps, text, or phone service.    

 

YOUR ACCOUNT

In order to use the Site and/or Service, you may be required to create an account by providing information such as your first name, last name, email address, username, and password. You agree to fully and accurately provide the information requested when you create your account and to regularly update such information. You further agree to not use your account for any inappropriate or unlawful use. You are responsible for safeguarding the password that you use to access the Site and/or Service and for any activities or actions under your password and may be held liable for any losses arising out of such a failure. Disclosure of your account information to third parties is strictly prohibited and may result in discontinuance of our Service and forfeiture of all fees. We reserve the right to refuse or cancel your account if fraud and/or an unauthorized or illegal transaction is suspected.

 

OUR TERMS OF SALE

PRODUCT AND PRICING DESCRIPTION. While we endeavor to be as accurate as possible, we do not warrant those product descriptions or other material of the Site and/or Service are accurate, complete, reliable, current, or error-free. In the event of a listing with an incorrect price and/or with incorrect information, we reserve the right to refuse or cancel the order.

PAYMENT TERMS. For each product you order on the Site, you agree to pay the price applicable for the product as of the time you submitted your order, any applicable delivery fees, and any applicable taxes.

 

VIEW REFUND POLICY

THIRD-PARTY LINKS

We may include links on this Site and/or Service for your use. However, we are not responsible for any such third-party websites, information, materials, products, or services. If you access a third party website from the Site and/or Service, you do so at your own risk, and you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You expressly relieve Sleepless in Nola, LLC. from any and all liability arising from your use of any third-party website, service, or content.

 

NO WARRANTY

OUR SITE, SERVICE, AND MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SLEEPLESS IN NOLA, LLC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. SLEEPLESS IN NOLA, LLC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, CONTENT, INFORMATION, SERVICES, GOODS, GRAPHICS, AND LINKS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS TERMS OF USE. PLEASE CHECK YOUR LOCAL LAWS FOR ANY SUCH RESTRICTIONS.

 

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SLEEPLESS IN NOLA, LLC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SLEEPLESS IN NOLA, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SLEEPLESS IN NOLA, LLC.’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM SLEEPLESS IN NOLA, LLC., AND IF NO PURCHASE HAS BEEN MADE BY YOU SLEEPLESS IN NOLA, LLC.’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $50.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sleepless in Nola, LLC., its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

 

CHANGES TO OUR TERMS OF USE

We reserve the right to amend these Terms of Use at any time with or without notice. If we make any changes, we will change the Effective Date above. By continuing to use the Site and/or Service after we post any such changes, you accept the Terms of Use as modified. It is your responsibility to review the current Terms of Use in force when using the Site. We suggest that you check the Site periodically to remain informed about the terms and conditions of this Site.

 

EFFECT OF HEADINGS

The headings contained in these Terms of Use are for convenience only and are not intended to vary or supplement the terms of the section which follow the heading. The headings are not to be given any weight if an issue arises regarding the interpretation of these Terms of Use.

 

SEVERABILITY

Any term or provision of these Terms of Use that is determined to be invalid, illegal or unenforceable, in whole or in part, in any situation, in any jurisdiction shall not affect the validity, legality, or enforceability of the remaining terms and provisions contained herein and the severed provision shall be treated as if it had never been contained herein.

 

ASSIGNMENT

You agree that we may assign, transfer, sub-contract, or otherwise transfer our rights and obligations under these Terms of Use. You may not assign, transfer, sub-contract, or otherwise transfer any of your rights and obligations under these Terms of Use.

 

GOVERNING LAW; VENUE

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Louisiana, without reference to its conflict-of-law provisions. Any dispute between the parties concerning these Terms of Use shall be subject to the exclusive jurisdiction of the state and/or federal courts for the parish (county) of Orleans Parish, Louisiana.

 

ENTIRE AGREEMENT; WAIVER

These Terms of Use constitute the entire agreement between you and Sleepless in Nola, LLC. with respect to the Site and Service, and supersede all prior or contemporaneous agreements, communications, and understandings with the respect to the Site and Service.