Last Updated: August 24, 2021
Welcome to the Sleep Reset websites located at thesleepreset.com ("Site"), operated by Simple Habit, Inc.
Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your use of our Site and our Sleep Program services, accessible via our Site and mobile device application (the "App"). To make these Terms easier to read, our Site, services, and App are collectively called the "Services."
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don't agree to be bound by these Terms, do not use the Services.
2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SLEEP RESET THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 "DISPUTE RESOLUTION FOR CONSUMERS" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It's important that you review the Terms whenever we update them because if you continue to use the Services after we have posted updated Terms on the App, you are indicating to us that you agree to be bound by the updated Terms. If you don't agree to be bound by the modified Terms, then, except as otherwise provided in "Effect of Changes on Arbitration" section below, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Health-Related Content. The Services give you the option to choose from a number of Sleep Program lessons and features. The descriptions of the lessons and features are intended to convey the category or direction of the lessons and features, and should be considered the goal for that lesson or feature and not a guarantee or certainty. While we hope each lesson and feature can help you to improve your sleep, results are not guaranteed and not everyone will respond as desired or see benefits. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment, and do not constitute medical or other professional advice. Any physical or mental health related content that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual, and may not be appropriate or relevant to your personal situation. Such content is not intended to be used to diagnose, treat, cure, or prevent any medical conditions or as a substitute for consulting with your health care professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services. If you have any questions about your physical or mental health, you should consult your healthcare professionals.
5. HEALTH AND MEDICAL SERVICE DISCLAIMER
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES AND/OR OTHER MEMBERS WHEN USING THE SERVICES.
6. RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITES AND/OR MOBILE APPS
SLEEP RESET EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS WITH ANY COACHES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
7. Who May Use the Services?
8. Subscription Fees and Payment. We offer several types of subscriptions for our Services, including a trial subscription, a weekly subscription, a monthly subscription, and multi-week subscriptions paid upfront. By selecting one of these subscriptions, you agree to pay in advance the applicable subscription fee, if any, as posted in the App, plus any applicable taxes and other fees that may accrue in relation to your use of the Services. All fees are non-refundable and non-transferable unless otherwise provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
9. Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at help@thesleepreset.com. 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 otherwise exploit the Feedback for any purpose.
10. Content and Content Rights. For purposes of these Terms: (a) "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 (b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
11 General Prohibitions and Sleep Reset's Enforcement Rights. You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
b. Use, display, mirror or frame the Services or any individual element within the Services, Sleep Reset's name, any Sleep Reset trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sleep Reset's express written consent;
c. Access, tamper with, or use non-public areas of the Services, Sleep Reset's computer systems, or the technical delivery systems of Sleep Reset's providers;
d. Attempt to probe, scan or test the vulnerability of any Sleep Reset system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sleep Reset or any of Sleep Reset's providers or any other third party (including another user) to protect the Services or Content;
f. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Sleep Reset's or other generally available third-party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a Sleep Reset trademark, logo URL or product name without Sleep Reset's express written consent;
i. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
l. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
m. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity;
o. Violate any applicable law or regulation; or
p. Encourage or enable any other individual to do any of the foregoing.
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 for the purpose of operating 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.
12. DMCA/Copyright Policy. Sleep Reset respects copyright law and expects its users to do the same. It is Sleep Reset's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Sleep Reset's Copyright Policy by clicking here, for further information.
13. 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 are not responsible for the content, products or services on or available from 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.
14. Termination. We may terminate 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 help@thesleepreset.com. 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, the sections on Feedback, Content, Ownership, Responsibility and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, General Terms and this section of Termination.
15. Warranty Disclaimers. THE SERVICES 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 AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services 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.
16. Limitation of Liability. NEITHER SLEEP RESET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Sleep Reset OR ANY OTHER PARTY 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 RESET TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SLEEP RESET FOR USE OF THE SERVICES OR CONTENT IN THE YEAR PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SLEEP RESET, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLEEP RESET AND YOU.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 "Dispute Resolution for Consumers," the exclusive jurisdiction for all Disputes (defined below) that you and Sleep Reset are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Sleep Reset each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution for Consumers. The following terms of Section 16 "Dispute Resolution for Consumers" only apply if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.
a. Mandatory Arbitration of Disputes. We each 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 or Content (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
b. Exceptions and Opt-out. As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at help@thesleepreset.com or by regular mail at 500 3rd Street, Suite 535, San Francisco CA 94107 within thirty (30) days following the date you first agree to these Terms.
c. Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at 500 3rd Street, Suite 535, San Francisco CA 94107 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
d. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
e. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
f. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 "Changes to Terms or Services" above, if Sleep Reset changes any of the terms of this Section 16 “Dispute Resolution” 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 help@thesleepreset.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 Reset'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 Reset in accordance with the terms of this Section 16 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
19. General Terms.
a. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Sleep Reset and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sleep Reset and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, 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 Reset's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sleep Reset 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.
b. Notices. Any notices or other communications provided by Sleep Reset under these Terms, including those regarding modifications to these Terms, will be given: (i) 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.
c. Waiver of Rights. Sleep Reset'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 Reset. Except as expressly set forth 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.
20. Contact Information. If you have any questions about these Terms or the Services, please contact Sleep Reset at help@thesleepreset.com. Sleep Reset, Simple Habit, Inc, 2261 Market Street #4408 San Francisco CA, 94114
Last Updated: August 24, 2021
Welcome to the Sleep Reset websites located at thesleepreset.com ("Site"), operated by Simple Habit, Inc.
Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your use of our Site and our Sleep Program services, accessible via our Site and mobile device application (the "App"). To make these Terms easier to read, our Site, services, and App are collectively called the "Services."
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don't agree to be bound by these Terms, do not use the Services.
2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SLEEP RESET THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 "DISPUTE RESOLUTION FOR CONSUMERS" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It's important that you review the Terms whenever we update them because if you continue to use the Services after we have posted updated Terms on the App, you are indicating to us that you agree to be bound by the updated Terms. If you don't agree to be bound by the modified Terms, then, except as otherwise provided in "Effect of Changes on Arbitration" section below, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Health-Related Content. The Services give you the option to choose from a number of Sleep Program lessons and features. The descriptions of the lessons and features are intended to convey the category or direction of the lessons and features, and should be considered the goal for that lesson or feature and not a guarantee or certainty. While we hope each lesson and feature can help you to improve your sleep, results are not guaranteed and not everyone will respond as desired or see benefits. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment, and do not constitute medical or other professional advice. Any physical or mental health related content that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual, and may not be appropriate or relevant to your personal situation. Such content is not intended to be used to diagnose, treat, cure, or prevent any medical conditions or as a substitute for consulting with your health care professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services. If you have any questions about your physical or mental health, you should consult your healthcare professionals.
5. HEALTH AND MEDICAL SERVICE DISCLAIMER
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES AND/OR OTHER MEMBERS WHEN USING THE SERVICES.
6. RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITES AND/OR MOBILE APPS
SLEEP RESET EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS WITH ANY COACHES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
7. Who May Use the Services?
8. Subscription Fees and Payment. We offer several types of subscriptions for our Services, including a trial subscription, a weekly subscription, a monthly subscription, and multi-week subscriptions paid upfront. By selecting one of these subscriptions, you agree to pay in advance the applicable subscription fee, if any, as posted in the App, plus any applicable taxes and other fees that may accrue in relation to your use of the Services. All fees are non-refundable and non-transferable unless otherwise provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
9. Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at help@thesleepreset.com. 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 otherwise exploit the Feedback for any purpose.
10. Content and Content Rights. For purposes of these Terms: (a) "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 (b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
11 General Prohibitions and Sleep Reset's Enforcement Rights. You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
b. Use, display, mirror or frame the Services or any individual element within the Services, Sleep Reset's name, any Sleep Reset trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sleep Reset's express written consent;
c. Access, tamper with, or use non-public areas of the Services, Sleep Reset's computer systems, or the technical delivery systems of Sleep Reset's providers;
d. Attempt to probe, scan or test the vulnerability of any Sleep Reset system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sleep Reset or any of Sleep Reset's providers or any other third party (including another user) to protect the Services or Content;
f. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Sleep Reset's or other generally available third-party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a Sleep Reset trademark, logo URL or product name without Sleep Reset's express written consent;
i. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
l. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
m. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity;
o. Violate any applicable law or regulation; or
p. Encourage or enable any other individual to do any of the foregoing.
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 for the purpose of operating 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.
12. DMCA/Copyright Policy. Sleep Reset respects copyright law and expects its users to do the same. It is Sleep Reset's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Sleep Reset's Copyright Policy by clicking here, for further information.
13. 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 are not responsible for the content, products or services on or available from 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.
14. Termination. We may terminate 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 help@thesleepreset.com. 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, the sections on Feedback, Content, Ownership, Responsibility and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, General Terms and this section of Termination.
15. Warranty Disclaimers. THE SERVICES 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 AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services 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.
16. Limitation of Liability. NEITHER SLEEP RESET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Sleep Reset OR ANY OTHER PARTY 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 RESET TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SLEEP RESET FOR USE OF THE SERVICES OR CONTENT IN THE YEAR PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SLEEP RESET, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLEEP RESET AND YOU.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 "Dispute Resolution for Consumers," the exclusive jurisdiction for all Disputes (defined below) that you and Sleep Reset are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Sleep Reset each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution for Consumers. The following terms of Section 16 "Dispute Resolution for Consumers" only apply if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.
a. Mandatory Arbitration of Disputes. We each 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 or Content (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
b. Exceptions and Opt-out. As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at help@thesleepreset.com or by regular mail at 500 3rd Street, Suite 535, San Francisco CA 94107 within thirty (30) days following the date you first agree to these Terms.
c. Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at 500 3rd Street, Suite 535, San Francisco CA 94107 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
d. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
e. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
f. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 "Changes to Terms or Services" above, if Sleep Reset changes any of the terms of this Section 16 “Dispute Resolution” 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 help@thesleepreset.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 Reset'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 Reset in accordance with the terms of this Section 16 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
19. General Terms.
a. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Sleep Reset and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sleep Reset and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, 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 Reset's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sleep Reset 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.
b. Notices. Any notices or other communications provided by Sleep Reset under these Terms, including those regarding modifications to these Terms, will be given: (i) 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.
c. Waiver of Rights. Sleep Reset'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 Reset. Except as expressly set forth 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.
20. Contact Information. If you have any questions about these Terms or the Services, please contact Sleep Reset at help@thesleepreset.com. Sleep Reset, Simple Habit, Inc, 2261 Market Street #4408 San Francisco CA, 94114
Last Updated: August 24, 2021
Welcome to the Sleep Reset websites located at thesleepreset.com ("Site"), operated by Simple Habit, Inc.
Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your use of our Site and our Sleep Program services, accessible via our Site and mobile device application (the "App"). To make these Terms easier to read, our Site, services, and App are collectively called the "Services."
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don't agree to be bound by these Terms, do not use the Services.
2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SLEEP RESET THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 "DISPUTE RESOLUTION FOR CONSUMERS" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It's important that you review the Terms whenever we update them because if you continue to use the Services after we have posted updated Terms on the App, you are indicating to us that you agree to be bound by the updated Terms. If you don't agree to be bound by the modified Terms, then, except as otherwise provided in "Effect of Changes on Arbitration" section below, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Health-Related Content. The Services give you the option to choose from a number of Sleep Program lessons and features. The descriptions of the lessons and features are intended to convey the category or direction of the lessons and features, and should be considered the goal for that lesson or feature and not a guarantee or certainty. While we hope each lesson and feature can help you to improve your sleep, results are not guaranteed and not everyone will respond as desired or see benefits. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment, and do not constitute medical or other professional advice. Any physical or mental health related content that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual, and may not be appropriate or relevant to your personal situation. Such content is not intended to be used to diagnose, treat, cure, or prevent any medical conditions or as a substitute for consulting with your health care professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services. If you have any questions about your physical or mental health, you should consult your healthcare professionals.
5. HEALTH AND MEDICAL SERVICE DISCLAIMER
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES AND/OR OTHER MEMBERS WHEN USING THE SERVICES.
6. RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITES AND/OR MOBILE APPS
SLEEP RESET EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS WITH ANY COACHES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
7. Who May Use the Services?
8. Subscription Fees and Payment. We offer several types of subscriptions for our Services, including a trial subscription, a weekly subscription, a monthly subscription, and multi-week subscriptions paid upfront. By selecting one of these subscriptions, you agree to pay in advance the applicable subscription fee, if any, as posted in the App, plus any applicable taxes and other fees that may accrue in relation to your use of the Services. All fees are non-refundable and non-transferable unless otherwise provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
9. Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at help@thesleepreset.com. 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 otherwise exploit the Feedback for any purpose.
10. Content and Content Rights. For purposes of these Terms: (a) "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 (b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
11 General Prohibitions and Sleep Reset's Enforcement Rights. You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
b. Use, display, mirror or frame the Services or any individual element within the Services, Sleep Reset's name, any Sleep Reset trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sleep Reset's express written consent;
c. Access, tamper with, or use non-public areas of the Services, Sleep Reset's computer systems, or the technical delivery systems of Sleep Reset's providers;
d. Attempt to probe, scan or test the vulnerability of any Sleep Reset system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sleep Reset or any of Sleep Reset's providers or any other third party (including another user) to protect the Services or Content;
f. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Sleep Reset's or other generally available third-party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a Sleep Reset trademark, logo URL or product name without Sleep Reset's express written consent;
i. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
l. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
m. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity;
o. Violate any applicable law or regulation; or
p. Encourage or enable any other individual to do any of the foregoing.
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 for the purpose of operating 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.
12. DMCA/Copyright Policy. Sleep Reset respects copyright law and expects its users to do the same. It is Sleep Reset's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Sleep Reset's Copyright Policy by clicking here, for further information.
13. 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 are not responsible for the content, products or services on or available from 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.
14. Termination. We may terminate 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 help@thesleepreset.com. 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, the sections on Feedback, Content, Ownership, Responsibility and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, General Terms and this section of Termination.
15. Warranty Disclaimers. THE SERVICES 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 AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services 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.
16. Limitation of Liability. NEITHER SLEEP RESET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Sleep Reset OR ANY OTHER PARTY 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 RESET TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SLEEP RESET FOR USE OF THE SERVICES OR CONTENT IN THE YEAR PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SLEEP RESET, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLEEP RESET AND YOU.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 "Dispute Resolution for Consumers," the exclusive jurisdiction for all Disputes (defined below) that you and Sleep Reset are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Sleep Reset each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution for Consumers. The following terms of Section 16 "Dispute Resolution for Consumers" only apply if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.
a. Mandatory Arbitration of Disputes. We each 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 or Content (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
b. Exceptions and Opt-out. As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at help@thesleepreset.com or by regular mail at 500 3rd Street, Suite 535, San Francisco CA 94107 within thirty (30) days following the date you first agree to these Terms.
c. Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at 500 3rd Street, Suite 535, San Francisco CA 94107 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
d. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
e. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
f. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 "Changes to Terms or Services" above, if Sleep Reset changes any of the terms of this Section 16 “Dispute Resolution” 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 help@thesleepreset.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 Reset'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 Reset in accordance with the terms of this Section 16 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
19. General Terms.
a. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Sleep Reset and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sleep Reset and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, 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 Reset's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sleep Reset 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.
b. Notices. Any notices or other communications provided by Sleep Reset under these Terms, including those regarding modifications to these Terms, will be given: (i) 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.
c. Waiver of Rights. Sleep Reset'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 Reset. Except as expressly set forth 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.
20. Contact Information. If you have any questions about these Terms or the Services, please contact Sleep Reset at help@thesleepreset.com. Sleep Reset, Simple Habit, Inc, 2261 Market Street #4408 San Francisco CA, 94114
Last Updated: August 24, 2021
Welcome to the Sleep Reset websites located at thesleepreset.com ("Site"), operated by Simple Habit, Inc.
Please read these Terms of Service (the "Terms") and our Privacy Policy carefully because they govern your use of our Site and our Sleep Program services, accessible via our Site and mobile device application (the "App"). To make these Terms easier to read, our Site, services, and App are collectively called the "Services."
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you don't agree to be bound by these Terms, do not use the Services.
2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SLEEP RESET THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 "DISPUTE RESOLUTION FOR CONSUMERS" BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It's important that you review the Terms whenever we update them because if you continue to use the Services after we have posted updated Terms on the App, you are indicating to us that you agree to be bound by the updated Terms. If you don't agree to be bound by the modified Terms, then, except as otherwise provided in "Effect of Changes on Arbitration" section below, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Health-Related Content. The Services give you the option to choose from a number of Sleep Program lessons and features. The descriptions of the lessons and features are intended to convey the category or direction of the lessons and features, and should be considered the goal for that lesson or feature and not a guarantee or certainty. While we hope each lesson and feature can help you to improve your sleep, results are not guaranteed and not everyone will respond as desired or see benefits. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment, and do not constitute medical or other professional advice. Any physical or mental health related content that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual, and may not be appropriate or relevant to your personal situation. Such content is not intended to be used to diagnose, treat, cure, or prevent any medical conditions or as a substitute for consulting with your health care professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services. If you have any questions about your physical or mental health, you should consult your healthcare professionals.
5. HEALTH AND MEDICAL SERVICE DISCLAIMER
WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE WEBSITE AND/OR MOBILE APP DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH COACHES AND/OR OTHER MEMBERS WHEN USING THE SERVICES.
6. RISK ASSUMPTION; YOUR INTERACTIONS WITH OTHERS ON THE WEBSITES AND/OR MOBILE APPS
SLEEP RESET EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES AND PARTICIPATION IN ANY OTHER ACTIVITIES OFFERED IN THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR INTERACTIONS WITH ANY COACHES. YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES.
7. Who May Use the Services?
8. Subscription Fees and Payment. We offer several types of subscriptions for our Services, including a trial subscription, a weekly subscription, a monthly subscription, and multi-week subscriptions paid upfront. By selecting one of these subscriptions, you agree to pay in advance the applicable subscription fee, if any, as posted in the App, plus any applicable taxes and other fees that may accrue in relation to your use of the Services. All fees are non-refundable and non-transferable unless otherwise provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
9. Feedback. We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at help@thesleepreset.com. 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 otherwise exploit the Feedback for any purpose.
10. Content and Content Rights. For purposes of these Terms: (a) "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 (b) "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
11 General Prohibitions and Sleep Reset's Enforcement Rights. You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.
b. Use, display, mirror or frame the Services or any individual element within the Services, Sleep Reset's name, any Sleep Reset trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Sleep Reset's express written consent;
c. Access, tamper with, or use non-public areas of the Services, Sleep Reset's computer systems, or the technical delivery systems of Sleep Reset's providers;
d. Attempt to probe, scan or test the vulnerability of any Sleep Reset system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Sleep Reset or any of Sleep Reset's providers or any other third party (including another user) to protect the Services or Content;
f. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Sleep Reset's or other generally available third-party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a Sleep Reset trademark, logo URL or product name without Sleep Reset's express written consent;
i. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
l. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
m. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity;
o. Violate any applicable law or regulation; or
p. Encourage or enable any other individual to do any of the foregoing.
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 for the purpose of operating 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.
12. DMCA/Copyright Policy. Sleep Reset respects copyright law and expects its users to do the same. It is Sleep Reset's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Sleep Reset's Copyright Policy by clicking here, for further information.
13. 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 are not responsible for the content, products or services on or available from 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.
14. Termination. We may terminate 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 help@thesleepreset.com. 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, the sections on Feedback, Content, Ownership, Responsibility and Removal, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, Dispute Resolution, General Terms and this section of Termination.
15. Warranty Disclaimers. THE SERVICES 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 AND NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services 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.
16. Limitation of Liability. NEITHER SLEEP RESET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Sleep Reset OR ANY OTHER PARTY 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 RESET TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SLEEP RESET FOR USE OF THE SERVICES OR CONTENT IN THE YEAR PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SLEEP RESET, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SLEEP RESET AND YOU.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 "Dispute Resolution for Consumers," the exclusive jurisdiction for all Disputes (defined below) that you and Sleep Reset are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Sleep Reset each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution for Consumers. The following terms of Section 16 "Dispute Resolution for Consumers" only apply if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.
a. Mandatory Arbitration of Disputes. We each 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 or Content (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
b. Exceptions and Opt-out. As limited exceptions to subsection (a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at help@thesleepreset.com or by regular mail at 500 3rd Street, Suite 535, San Francisco CA 94107 within thirty (30) days following the date you first agree to these Terms.
c. Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at 500 3rd Street, Suite 535, San Francisco CA 94107 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
d. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
e. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
f. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 "Changes to Terms or Services" above, if Sleep Reset changes any of the terms of this Section 16 “Dispute Resolution” 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 help@thesleepreset.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 Reset'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 Reset in accordance with the terms of this Section 16 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
19. General Terms.
a. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Sleep Reset and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Sleep Reset and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, 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 Reset's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Sleep Reset 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.
b. Notices. Any notices or other communications provided by Sleep Reset under these Terms, including those regarding modifications to these Terms, will be given: (i) 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.
c. Waiver of Rights. Sleep Reset'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 Reset. Except as expressly set forth 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.
20. Contact Information. If you have any questions about these Terms or the Services, please contact Sleep Reset at help@thesleepreset.com. Sleep Reset, Simple Habit, Inc, 2261 Market Street #4408 San Francisco CA, 94114
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