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Terms of Use

This website is owned by Neven Sleep, LLC (“Neven”). This website is being provided to you expressly subject to the terms and conditions set forth herein (“Terms of Use”). Please read these Terms of Use carefully. By accessing and using this website, you agree to be bound by the Terms of Use.

Access and Use of Website
Your access to and use of the information contained in the website is subject to these Terms of Use. By accessing and using this website, you accept, without limitation or qualification, these Terms of Use. Your access and use of this website is determined by the level of access associated with your subscription. Such access and use is to conform to the terms associated with your subscription.

Content
Unless otherwise noted, all information and related intellectual property, including but not limited to documents, articles, data, images, passwords, screens, text, user names, web pages, or other materials (collectively, “Content”) appearing on this website are exclusively owned or licensed by Neven. Neven does not, and your use and access of the website does not, transfer, assign, or otherwise vest in you any right, title, or interest in any Content. Neven attempts to take reasonable steps to include current, accurate, and complete information on this website, but does not warrant or represent, in any way or kind, the currency, accuracy, or completeness of the information in or on the website. You agree that access to and use of this website and the Content is at your own risk. The Content is provided “as is”, without warranty of any kind. Neven specifically disclaims all warranties, express or implied, related to the website, including but not limited to warranties of merchantability or fitness for a particular purpose.

Links to Third-Party Websites
This website may contain links or references to other websites maintained by third parties over whom Neven has no control. Additionally, this website may be accessed from third-party links over which Neven has no control. Neven does not, in any way or manner, warrant or represent the currency, accuracy, safety, and/or completeness of any information contained in such websites. You agree that Neven shall not be liable for damages of any kind that in any way arises out of, relates to, and/or in connection with access to, use of, and/or inability to use such websites. Further, inclusion of any third-party link on this website or inclusion of this website as a link on another’s website does not imply an endorsement or recommendation by Neven.

Links to This Website
Linking to this website is permitted under certain conditions. You may not link to portions of this website that would enable bypassing the registration and/or log-in processes. Also, you may not incorporate any of the Content from this site into your website (e.g., by in-lining, framing, or creating another browser or border environments around Neven Content). Your website must not present any false information about Neven products or services. Further, you may not imply that Neven is endorsing your website, products, or services.

Comments and Testimonials
Neven looks forward to your comments about our products and website. You grant us the right to use, reproduce, disclose, publish and distribute any comments, suggestions, communications or other materials you submit for any purpose whatsoever, without restriction and without compensating you in any way. Accordingly, do not send us any comments, suggestions, communications or other materials that you do not want us to use on the website, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

By submitting a testimonial to us about our products, services or website, you agree that the testimonial will not be confidential or secret, and you grant us the right to use it in any manner. Additionally, you: (i) represent and warrant that the testimonial is original to you, no other party has any rights thereto and any “moral rights” in such testimonial have been waived, and (ii) you grant us a royalty-free, unrestricted, perpetual, irrevocable, non-exclusive and fully-transferable, assignable and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such testimonial (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed, in our sole discretion, with or without your name. All testimonials found on this website are for Neven’s exclusive use and shall not be reproduced or copied in any way.

Intellectual Property
Neven maintains all rights, title, and interest in and to all intellectual property rights in the Content.

All information, products, services and software or any other Content contained on or used in the site are subject to copyright protection. Copyright © 2018-2019 Neven Sleep, LLC. The Content of this website may not be copied other than for noncommercial and personal reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided in the Terms of Use, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text, documents, and/or Content contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text, or documents, without the express written consent of Neven. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or other right to you under any trademark, copyright, and/or patent of Neven.

Neven owns all trademarks and service marks used on this website, including but not limited to product names, service names, logos, and slogans used herein or hereon (whether or not appearing in specialized or different font or size or with the trademark symbols “SM”, “TM”, or “®”) (collectively “Trademarks”), unless otherwise noted. The use or misuse of the Trademarks or any other materials, except as expressly permitted in these Terms of Use, is expressly prohibited and may be in violation of the law or statutes, including but not limited to copyright law, trademark law, the law of unfair competition, the law of privacy and publicity, and the law of slander and libel.

LIMITATION OF LIABILITY AND INDEMNIFICATION: YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR ON THE WEBSITE. NEVEN AND ALL PERSONS WHO WERE INVOLVED IN CREATING, DESIGNING, PROVIDING INFORMATION OR CONTENT FOR, PRODUCING, DELIVERING, REVISING, AND/OR OPERATING THIS WEBSITE SHALL NOT BE LIABLE, IN ANY WAY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, AND/OR PUNITIVE DAMAGES, IN ANY WAY ARISING OUT OF, RELATED TO, AND/OR IN CONNECTION WITH ACCESS TO, USE OF, AND/OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS, STALENESS, AND/OR OMISSIONS IN THE CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES IN ANY WAY CAUSED, TRIGGERED, AND/OR CREATED BY VIRUSES OR OTHER COMPUTER- OR SOFTWARE-BASED PREDATORY FILES, SYSTEMS, AND/OR CODE THAT INFECTS, HARMS, AND/OR DAMAGES YOUR OR ANOTHER’S COMPUTER EQUIPMENT, SOFTWARE, FILES, AND/OR INFORMATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NEVEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND ALL PERSONS WHO WERE INVOLVED IN CREATING, DESIGNING, PROVIDING INFORMATION OR CONTENT FOR, PRODUCING, DELIVERING, REVISING, AND/OR OPERATING THIS WEBSITE FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEE, RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $50.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Website infringe your copyright, you (or your agent) may send Neven a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Neven a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/ copyright/ for details. Notices and counter-notices with respect to the Website should be sent to 8401 Ambassador Row, Dallas TX 75247 or customercare@nevensleep.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

Disclaimers
For purposes of these Terms and Conditions, “Released Parties” mean Neven and its parents, subsidiaries, affiliates and related entities, and our and their respective officers, directors, managers, members, shareholders, employees, agents, licensors, successors and assigns.

We make no representation about accuracy, reliability, completeness, or timeliness of any contents of the website. Similarly, we make no representations about accuracy, reliability, completeness or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the website. By using the website, you assume the risk that you might be exposed to content that is objectionable or otherwise inappropriate. Use the website at your own risk.

The website may contain links to other websites that are not operated by or related to us. We are not responsible for the content, accuracy or opinions expressed in such third-party websites, and do not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website does not imply approval or endorsement of the linked website by us. If you leave the website to access these third-party websites, you do so at your own risk.

We are not responsible for any dispute or disagreement between you and any other person or entity with which you may communicate or interact via or while using the website. You assume all risk associated with dealing with such third parties. You release and shall defend and hold harmless the Released Parties from and against all claims, injuries, demands and exposures of any kind arising out of or relating to (a) any such dispute or disagreement and (b) any other third-party action, claim or demand arising out of any breach by you of any representation, warranty, covenant obligation or duty of you under these Terms and Conditions. You also promise not to involve us in such dispute.

We make no promises and disclaim all liability of specific results from the use of the website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON OR AVAILABLE THROUGH THE WEBSITE (OTHER THAN OUR NEVEN LIMITED WARRANTIES), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

THE RELEASED PARTIES MAKE NONE OF THE FOLLOWING WARRANTIES, EACH OF WHICH THE RELEASED PARTIES EXPRESSLY DISCLAIM:

  • THE WEBSITE WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS;
  • THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE;
  • THE NATURE, QUALITY OR QUALITIES OF ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE WEBSITE WILL MEET YOUR EXPECTATIONS, NEEDS OR REQUIREMENTS;
  • ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; OR
  • ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE WEBSITE, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Acceptance and Jurisdiction
By using this site, you agree that you have read, understand, and will abide by these Terms of Use. If you do not agree to these Terms of Use, please do not use Neven’s website. These Terms of Use shall be governed in all respects in accordance with the laws of the United States and the State of Texas without regard to the conflict or choice of law rules thereof. All disputes, legal actions, and proceedings in any way arising out of, related to, and/or connected with this website, your use of this website, and/or the information contained in or on this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Texas. By your use of this website, for all disputes, legal actions, and proceedings in any way arising out of, related to, and/or connected with this website, your use of this website, and/or the information contained in or on this website, you hereby agree and consent to personal jurisdiction and venue in a federal or state court of competent jurisdiction sitting in the State of Texas.

Neven reserves the right, at any time, to modify, alter, or update these Terms of Use by immediately posting any changes on its website, and you agree to be bound by such modifications, alterations, or updates.

Effective date of Revised Terms of Use: December 5, 2018

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