Last Updated: April 24, 2025
Welcome to sleep.brainyheads.com (the "Website"). By accessing or using our Website, you agree to be bound by these Terms of Use (the "Terms"). Please read these Terms carefully before using our Website.
1. Acceptance of Terms:
By accessing or using any part of the Website, you signify your acceptance of these Terms of Use and Privacy Policy. If you do not agree to both the terms of use and privacy policy, do not access or use the Website.
2. Use of the Website:
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website. Prohibited behavior includes but is not limited to: Engaging in any illegal or unlawful activities. Violating any intellectual property rights. Transmitting any harmful, offensive, or inappropriate content. Attempting to interfere with the proper working of the Website. Using any data mining, robots, or similar data gathering or extraction methods.
3. Intellectual Property:
All content, features, and functionality on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software (the "Content"), are the property of BrainyHeads Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its Content for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content without the prior written consent of BrainyHeads Inc., except as expressly permitted by these Terms.
4. User-Generated Content (if applicable):
If the Website allows users to submit or post content (e.g., comments), you are solely responsible for the content you submit. By posting content, you grant BrainyHeads Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or have the necessary rights to the content you submit and that your content does not violate these Terms or the rights of any third party. We have the right to remove or modify any user-generated content for any reason without notice.
5. Disclaimer of Warranties:
THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
BRAINYHEADS INC. DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRAINYHEADS INC., ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BRAINYHEADS INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BRAINYHEADS INC. TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE EXCEED THE AMOUNT YOU PAID, IF ANY, TO BRAINYHEADS INC. FOR ACCESSING OR USING THE WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
7. Indemnification:
You agree to indemnify, defend, and hold harmless BrainyHeads Inc., its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website, your user-generated content, or your breach of these Terms.
8. Governing Law and Dispute Resolution:
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Website shall be exclusively resolved in the state or federal courts located in [Specify County, e.g., Sacramento County], California, and you hereby consent to the jurisdiction of such courts.
9. Termination:
We may terminate or suspend your access to all or any part of the Website at any time, with or without cause or notice, which may result in the forfeiture and destruction of all information associated with your account (if applicable). All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Modifications to Terms:
We reserve the right to modify these Terms at any time without prior notice. We will post any changes on this page and update the "Last Updated" date at the top. Your continued use of the Website after the posting of changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any changes.
11. Entire Agreement:
These Terms constitute the entire agreement between you and BrainyHeads Inc. regarding your use of the Website and supersede all prior and contemporaneous agreements and understandings, whether written or oral.
12. Contact Us:
If you have any questions or concerns about these Terms, please contact us at: [email protected]