Terms of Service
EFFECTIVE MAY 11, 2016
Thank you for visiting the deltasleeper.com referred to as the Site owned by SomniResonance, LLC. SomniResonance, LLC is referred to as “we” or “us.” End users such as yourself are referred to as “you.” By visiting our site, you agree to our Privacy Policy. You agree that our provision of the Site and associated services would not be possible on the same terms without your agreement to these terms and policies. Please read it carefully.
SHIPPING INFORMATION
Please note that for warranty and delivery confirmation purposes, a signature for delivery is required and is already configured into the shipping. Please keep this in mind when entering the shipping address for delivery.
Orders received are processed and shipped with 24 hours, Monday thru Friday.
ELECTRONIC COMMUNICATIONS
BY SIGNING UP FOR AN ACCOUNT AND PROVIDING US WITH YOUR EMAIL ADDRESS, YOU EXPRESSLY CONSENT TO RECEIVE EMAILS FROM US AND OUR PARTNERS. YOU MAY OPT OUT OF RECEIVING THESE EMAILS AT ANY TIME BY FOLLOWING THE INSTRUCTIONS IN OUR PRIVACY POLICY. You further agree that communications between us may be done electronically and are considered to be communications in writing. We may send you communications from us electronically, whether by email, posting notices on the website, or other electronic means. You agree not to send Personal Information (as defined in the Privacy Policy), such as addresses or credit card information, by email.
HYPERLINKS
Some of the links we make available to you on the Site will redirect you to leave the Site(s). We cannot guarantee that the hyperlinks set out on our Site(s) will be accurate in any respect. You agree and acknowledge that the third party webSite accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control, and that we cannot and do not monitor these third party webSite. You agree that we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these webSite in any manner or respect. You acknowledge that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of Internet users. These links are provided only for your convenience, and their inclusion does not constitute or imply our approval or endorsement of those Site or their content.
INTELLECTUAL PROPERTY
All content included on the Site, including text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is our property or that of our suppliers, and protected by United States and international copyright laws.
Our graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress, of ours in the United States and/or other countries. You agree not to use these trademarks and trade dress in any manner prohibited by law or prohibited by us, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit us. There may be other trademarks we do not own appearing on the Site. Those trademarks are the property of their respective owners, who may or may not be affiliated with us.
If you believe that your work has been copied by us, please contact our Legal Department at:
SomniResonance, LLC
Attn: Legal Department
BOX 1669
DACULA, GA 30019
Email: michael@deltasleeper.com
LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal and non-commercial use only. You may not copy or reproduce the Site, or any portion of them, without our express written consent. In addition, we grants you a limited, revocable, and nonexclusive right to create a hyperlink to any of the Site, so long as the link does not portray us in a misleading, derogatory, false, or otherwise offensive manner.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access the Site without the involvement of a parent or guardian over the age of 18.
SECURITY
The Internet, being an open network, is not secure. If you choose to send us electronic communications via the Site (whether by means of email or posted messages on the Site), you recognize the inherent risk of such an open network. You agree that we do not, and cannot, guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, when we request that you provide us with Personal Information (as defined in our Privacy Policy), including credit card information, to complete a transaction or survey, or enter a contest, we use commercially reasonable security measures meeting industry standards to protect that information. Credit card information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.
YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO CONTENT AND MATERIAL SUBMITTED BY YOU
You may submit comments, reviews, posts, feedback, questions, answers, notes, messages, images, video, audio, materials, ideas, suggestions or other communications a user submits (“User Content”) on certain portions of the Site, and submit other content or information to us. User Content is not private or proprietary. You agree that as a condition of permitting you to submit User Content to us, you grant us, our affiliates, and any sublicensees, a non-exclusive, irrevocable, royalty-free, worldwide, fully sublicensable, perpetual right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works based upon such User Content, in any form, media, software or technology of any kind now existing or developed in the future.
By submitting User Content, you represent and warrant that (a) you are its sole author, that it originated with you and was not copied in whole or in part from any other work, and/or that you own or otherwise control all the intellectual property rights to it; (b) if necessary, you have obtained all permissions associated with it, including without limitation permissions relating to intellectual property, rights of publicity and/or rights of privacy; (c) it does not contain hate speech or profanity, is not libelous, obscene, injurious to third parties, otherwise objectionable (as determined by us), or in violation of this Agreement; (d) that you are not a minor and have the legal right and capacity to enter into and comply with these terms; and (e) it is not composed of and does not contain software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You agree to use your own e-mail address to submit all User Content. YOUR SUBMISSION OF USER CONTENT CONSTITUTES AN AGREEMENT THAT YOU WILL DEFEND, INDEMNIFY, AND HOLD US HARMLESS FOR ALL CLAIMS RESULTING FROM USER CONTENT YOU SUPPLY.
You agree that if you violate any of these representations and warranties, we have the right, at any time, without notice and without limiting any and all other rights we may have in law or equity, to (a) refuse to allow you to submit further User Content; (b) remove and delete your User Content; (c) revoke your registration and right to submit User Content; and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name, and your password.
Subject to these terms and our Privacy Policy, your submission of User Content grants us permission, in connection with our use of User Content, to use your name, alias, and any other information (provided by you) for attribution purposes, and to share that information with our affiliates and on other Site. You also grant us the right to use any material, information, ideas, concepts, know-how or techniques contained in such User Content. We are not responsible for the similarity of any of our content or programming in any media to User Content submitted by you. Any and all rights granted in this section are granted without the need for any compensation to you in any form. User Content does not reflect our views, and we do not represent or guarantee the truthfulness, accuracy, completeness, timeliness or reliability of any User Content, nor endorse or support any opinions expressed in any User Content.
You acknowledge that we do not regularly review posted User Content. You agree that we have the right (but not the obligation) to monitor and edit or remove any activity or User Content, and that under no circumstances shall we take responsibility or assume liability for any User Content posted by you or any third party.
WE DO NOT ENDORSE, ARE NOT RESPONSIBLE FOR USER CONTENT, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE Site.
RISK OF LOSS, FOREIGN SHIPMENTS, RETURNS, REFUNDS AND TITLE
You acknowledge and agree that all items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
If you request that we ship an item to a country outside the U.S. (a “Foreign Shipment”), you acknowledge and agree that those shipments may be subject to taxes, customs duties, and fees levied by the destination country (“Import Levies”). THE RECIPIENT OF THE SHIPMENT IS THE IMPORTER OF RECORD IN THE DESTINATION COUNTRY AND IS RESPONSIBLE FOR ALL IMPORT LEVIES.
We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
PRICING, PRODUCT DESCRIPTIONS, AND RESELLERS
We make every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced due to administrative or other error. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. In addition, if we determine, in our sole discretion, that you are a reseller or commercial entity, we reserve the right to cancel your order.
PRESS RELEASES
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of our knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE (:DSLEEP, LLC. AND ITS AFFILIATES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE Site; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSite), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Site; OUR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE Site AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSite) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Site ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSite) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Site, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Site IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CLAIMS AGAINST US TO BE RESOLVED BY ARBITRATION / WAIVER OF class ACTION AND JURY TRIAL
If you have a claim against us, you agree that it will be resolved by binding arbitration. Without your agreement to binding arbitration, we would be unable to provide our products and services to you on the same terms. Your agreement to binding arbitration means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. You also agree not to bring a class action suit against us, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.
OUR RIGHT TO AMEND AND REMOVE POLICIES
We have the right to modify, amend or delete any policy posted on the Site at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
OUR ADDRESS
SomniResonance, LLC
Attn: Legal Department
BOX 1669
DACULA, GA 30019
Email: customerservice@somniresonance.com