1. Description of Service. SleepGraph.Com is a web publishing service and optional hosting service (the "Service"). You will be responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. SleepGraph.Com disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. SleepGraph.Com also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least eight teen (18) years of age to use the Service. SleepGraph.Com reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You agree to abide by the SleepGraph.Com Content Policy (https://www.sleepgraph.com/policies/content.php) and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the SleepGraph.Com Content Policy, you should periodically review the most up-to-date version. SleepGraph.Com may, in its sole discretion, modify or revise the SleepGraph.Com Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, including the SleepGraph.Com Content Policy (https://www.sleepgraph.com/policies/content.php), may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. SleepGraph.Com reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Much of the content of SleepGraph.Com -- including the contents of specific postings -- is provided by and is the responsibility of the person or people who made such postings. While SleepGraph.Com does monitor the content of SleepGraph.Com to ensure Global Policy conformant, SleepGraph.Com takes no responsibility for Published Content. Instead, SleepGraph.Com merely provides access to such content as a service to you.
By their very nature, SleepGraph.Com may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using SleepGraph.Com.
SleepGraph.Com does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
4. General Practices Regarding Use and Storage. You agree that SleepGraph.Com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. SleepGraph.Com retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of the Service. SleepGraph.Com takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does SleepGraph.Com have any obligation to monitor such third-party content. SleepGraph.Com reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. SleepGraph.Com also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of SleepGraph.Com, its users and the public. SleepGraph.Com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights. SleepGraph.Com's Intellectual Property Rights. You acknowledge that SleepGraph.Com owns all right, title and interest in and to the Service, including all intellectual property rights (the "SleepGraph.Com Rights"). SleepGraph.Com Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, SleepGraph.Com Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.
Your Intellectual Property Rights. SleepGraph.Com claims no ownership or control over any Content submitted, posted or displayed by you on or through SleepGraph.Com services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through SleepGraph.Com services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through SleepGraph.Com services which are intended to be available to the members of the public, you grant SleepGraph.Com a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on SleepGraph.Com services for the purpose of displaying and distributing SleepGraph.Com services. SleepGraph.Com furthermore reserves the right to refuse to accept, post, display, suspend, terminate or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any materials on or through the SleepGraph.Com service or under a public license (e.g. a Creative Commons license), whether by manually marking your materials as such or using SleepGraph.Com service tools to do so. For avoidance of doubt, SleepGraph.Com is not a party to any such public license between you and any third party. Also, for avoidance of doubt, SleepGraph.Com may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
7. No Resale of the Service. Unless expressly authorized in writing by SleepGraph.Com, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.
8. Publicity. Any use of SleepGraph.Com's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "SleepGraph.Com," and "SleepGraph.Com" must be in compliance with this Agreement and only used with the writen permission of SleepGraph.Com
9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to SleepGraph.Com to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination; Suspension. SleepGraph.Com may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination. Any attempt to circumvent a Suspension or Termination of an account will lead to that permanent denial of Service. Circumvention includes re-registering under a non-terminated account, changing IP addresses to evade an IP ban, registering a new email account to evade an email termination. Circumvention includes posting as an anonymous user.
11. Indemnification. You agree to hold harmless and indemnify SleepGraph.Com, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SleepGraph.Com will provide you with written notice of such claim, suit or action.
12. Entire Agreement. This Agreement constitutes the entire agreement between you and SleepGraph.Com and governs your use of the Service, superseding any prior agreements between you and SleepGraph.Com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SleepGraph.Com services, affiliate services, third-party content or third-party software.
13. Waiver and Severability of Terms. The failure of SleepGraph.Com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of SleepGraph.Com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Humboldt County, California, and you consent to the jurisdiction of such courts.
16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please refer to https://www.sleepgraph.com/policies/dmca.php for information on how to file or respond to a notice of infringement.
17. Content Monitoring. SleepGraph.Com reserves all rights to monitor and review all Published Content, including those marked Private by the Customer, in order to investigate and monitor all compliance with the Terms of Service and all other Global Policies.
18. Impersonation. SleepGraph.Com does not allow impersonation of others through our services in a manner that is intended to or does mislead or confuse others. SleepGraph.Com has a zero-tolerance policy against members impersonating themselves as employees of SleepGraph.Com, volunteers of SleepGraph.Com, other members of SleepGraph.Com or any account or Service provided by SleepGraph.Com.
19. Solicitation. SleepGraph.Com does not allow soliciting funds or signatures, conducting membership drives, posting, distributing literature or gifts, offering to sell or to purchase merchandise or services, or engaging in any other solicitation, distribution, or similar activity on SleepGraph.Com Services.
20. Identifiable Information. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service and (b) maintain and promptly update your Identifiable Information to keep it true, accurate, current and complete. If you provide any Identifiable Information that is untrue, inaccurate, not current or incomplete, or SleepGraph.Com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SleepGraph.Com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
21. Data Forging. Forging or misrepresenting data, either manually or via automated systems, whether in whole or in part, is strictly prohibited.
22. Unsolicited Commercial E-mail. The abuse and misuse of the SleepGraph.Com Services, including e-mail, internal private messages, shoutouts, or any other Service are a serious problem and it will not be tolerated. The use of webpages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses provided by SleepGraph.Com. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM. Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message. Intentional use of a SleepGraph.Com Service with the intent to send mass messages to the SleepGraph.Com membership.
23. Policing. SleepGraph.Com reserves the right to terminate the account of any member who violates one or many of these policies at any time, for any reason, without refund of account if applicable, and without notification nor explanation.
Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; ii) your Payment Subscriptions; iii) your usage of the our Services; iv) advertisements, promotions or oral or written statements related to our Services or your account; v) any benefits related to our Services; or vi) any activity with your account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: AAA, at 335 Madison Avenue, New York, NY 10017 or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of your account, or any amounts owed by your account, to any other person or entity; or iv) suspension of your account. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE YOUR ACCOUNT, OR IF IT HAS ALREADY BEEN ACTIVATED, CANCEL IT. YOU MAY CANCEL YOUR ACCOUNT BY USING USING OUR OPT-OUT OPTION.
You must mail the Opt-Out Notice to SleepGraph.Com, Attn: Litigation Department, POB 3206, Eureka CA 95502.
The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your full legal name, address, phone number, and the email address(es) used to log in to the SleepGraph.Com account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective.
25. Non-Medical Service. SleepGraph.Com is not a medical service and we offer nor provide any medical services. You should see licensed physicians for all medical needs. We are not HIPPA or PSQIA certified.