Terms and Conditions

 

Terms of Use Agreement

You should carefully read this entire Terms of Use Agreement (“Terms of Use”) before using and/or submitting information on the Ebb Therapeutics (“Provider,” “Ebb,” “we,” “us,” “our”) web sites (“Site” or “Sites”).  By using the Sites and participating in the services offered on the Sites or available through the Sites’ applications, you acknowledge that you have read and agree to these Terms of Use.  These Terms of Use explain a contractual agreement between you and Ebb regarding your use of the Site and your access to the content available on the Site.

You should print a copy of these Terms of Use for your records.  Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein.

Agreement to Terms of Use

 

By using the Site, you agree to these Terms of Use as amended from time to time.  If you do not intend to accept these Terms of Use, please do not use the Site.  When you access the Site and at various other places on the Site, you specifically acknowledge your agreement with the most current version of these Terms of Use.  The failure to include a specific acknowledgment at any point on the Site shall not be construed to diminish the applicability or effectiveness of these Terms of Use.  Ebb’s Privacy Policy (the “Privacy Policy”) (located at https://ebbsleep.com/privacy-policy) is incorporated by reference and is subject to these Terms of Use, as set forth below.

 

Change to Terms

 

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use, including, but not limited to, the Privacy Policy, at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site after the posting of changes to these Terms of Use will mean you agree to abide by those changes.  Any amendment to these Terms of Use by you must be agreed to by us in writing.

 

Content Ownership

 

The Site and the content accessible through the Site, and all intellectual property rights included in or associated with the Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Site and Content remains with us. Except as ordinarily occurs when a web site is downloaded to your computer in the normal course of browsing such web site, material from the Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent.  Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Content.

 

Disclaimer of Warranties

 

The material in this site could include technical inaccuracies or typographical errors. YOU USE THE SITE AT YOUR OWN RISK.  THE SITE IS PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY.  THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR AGAINST INFRINGEMENT. We also do not guarantee uninterrupted or secure access to the Site, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components.

 

Limitation of Liability

 

We are an online service provider; we are not responsible for any loss or injury whatsoever due to Content or other information published through this Site.  The Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability.  We will also not have any liability for any loss of data, degraded data, old or outdated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Site. The limitations of liability provided in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.

 

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.

 

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations.  As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

 

No Medical Advice

 

Information posted on the Site is for educational or informational purposes only and is not intended to substitute in any way for medical treatment, advice or diagnosis by a healthcare professional.  You should not rely on information you receive from or through the Site for any personal, medical or health decision; you should consult with a qualified healthcare professional for specific information suited to your needs.  You should never change or stop any course of treatment prescribed by your healthcare provider without first consulting him or her.  IF YOU ARE EXPERIENCING A HEALTH EMERGENCY, PLEASE CALL 911.

 

Termination

 

We may, in our sole discretion and at any time, discontinue the Site, either in part or in whole, with or without notice. You agree that any termination of your access to the Site may be affected without prior notice, and you agree that we shall not be liable to you or any third party for any such termination.

 

Prohibited Activities

 

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site.  You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.

 

Linking and Third-Party Content

 

The Site may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Site may contain news, information, or pricing published by various third-party providers.  Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.

 

Laws and Regulations

 

You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Site and (ii) release of information to and retrieval of information from the Site.

 

Indemnification

 

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to Provider; and/or (iv) any intentional wrongdoing by you.

 

Assignment

 

You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason.  Furthermore, you acknowledge and agree that your access to and use of the Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party.  Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

 

Governing Law, Arbitration and Jurisdiction

 

You recognize that, although the Internet can be accessed from anywhere in the world, the Site is located in the Commonwealth of Pennsylvania, United States of America, and that when you access the Site, you are doing so in the Commonwealth of Pennsylvania, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflict of law and the federal laws of the United States of America.   Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE SHALL BE FILED ONLY IN ALLEGHENY COUNTY, PENNSYLVANIA, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN ALLEGHENY COUNTY, PENNSYLVANIA.

 

Privacy Policy

 

As set forth above, by agreeing to these Terms of Use, you also agree to our Privacy Policy located at https://ebbsleep.com/privacy-policy, which is incorporated herein by reference.  Like these Terms of Use, the Privacy Policy is subject to change from time to time.  Your continued use of the Site constitutes your acceptance to any changes to the Privacy Policy.

 

Miscellaneous

 

Headings are for reference purposes only.  Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.  These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

Contact

 

If you have any questions about these Terms of Use or any Site, you may contact us at:

 

information@ebbsleep.com or

(800) 381-1145.

 

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