Website Terms of Use
This page (together with the documents referred to herein, including, but not limited to, DSM SLEEP’s Privacy Policy) states the terms of use (the “Terms of Use”) on which you may make use of this Website (the “Website”). Please read these Terms of Use carefully before you use the Website. By using the Website, you indicate that you accept these Terms of Use and you agree to abide by them. Your use of the Website constitutes your acceptance of these Terms of Use which takes effect on the date on which you use the Website. If you do not agree with these Terms of Use, you should cease using the Website immediately.
The Website is owned and operated by DSM SLEEP, LLC an Iowa limited liability company with an office at 2828 104th St Urbandale, Iowa 50322 (“DSM SLEEP”). DSM SLEEP owns and operates the Website.
We reserve the right to change these Terms of Use at any time without notice to you by posting changes on the Website. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Website after changes are posted constitutes your accepted of the amended Terms of Use.
To use the Website, you must be 18 years of age or over. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
Except as permitted per these Terms of Use, you agree not to (i) distribute, disseminate, sublicense, decompile, rent, copy, modify, reverse engineer, translate, dissemble or create a source code equivalent of the Website or allow others to do so; (ii) use the Website to provide software application services, time-sharing or service bureau services to third parties; (iii) allow any third party to use or access the Website; (iv) use the Website in a service bureau or time-sharing environment; (v) in any way violate any applicable federal, state, local or international law or regulation; (vi) use the Website for the purpose of exploiting, harming or attempting to harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (vii) transmit , or procure the sending of, any advertising or promotional material, including any “junk mail”; (viii) impersonate or attempt to impersonate DSM SLEEP or any DSM SLEEP employee, another use or any other person or entity associated with any of the foregoing; or (ix) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm DSM Sleep or users of the Website or expose them to any liability. All rights not expressly granted in these Terms of Use are reserved by DSM SLEEP.
The Terms of Use will continue to apply to you until terminated by either you or DSM SLEEP. DSM SLEEP may terminate the Terms of Use or suspend your access to the Website at any time, including in the event of your actual or suspected unauthorized use of the Website or non-compliance with the Terms of Use. If you or DSM SLEEP terminates the Terms of Use, or if DSM SLEEP suspends your access to the Website, you agree DSM SLEEP shall have no liability or responsibility to you and DSM SLEEP.
DSM SLEEP will make reasonable efforts to keep the Website operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. DSM SLEEP reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Website, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Website or any function or feature thereof. You understand and agree that DSM SLEEP has no obligation to maintain, support, upgrade, or update the Website, or to provide all or any specific content through the Website.
DSM SLEEP endeavors to provide the best service possible, but you understand and agree that THE WEBSITE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE WEBSITE AT YOUR OWN RISK. DSM SLEEP DISCLAIMS ANY WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES OR NON-INFRINGEMENT. TO THE EXTENT THIRD PARTY APPLICATIONS ARE ACCESSED AS PART OF OR THROUGH THE USE OF THE WEBSITE, THESE ARE PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. DSM SLEEP does not make any representations or guarantees as it relates to any use of any third party application used in connection with, or through, the use of the Website.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Website is to uninstall the Website.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DSM SLEEP, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER DSM SLEEP HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE CONTENT MORE THAN AMOUNTS PAID BY YOU TO DSM SLEEP.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the DSM SLEEP, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You agree to indemnify and hold DSM SLEEP and each of its affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, and service providers harmless from and against any and all losses, expenses, damages, costs and expenses (including attorney’s fees), resulting from your use of the Website and/or any violation of these Terms of Use. DSM SLEEP reserves the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Website and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by DSM SLEEP.
You may not assign the rights and responsibilities provided by these Terms of Use.
Any disputes or actions that rise as a result of the downloading or use of the Website, or any action or dispute arising under these Terms of Use, shall be governed by the laws of the State of Iowa with jurisdiction and venue being in Polk County, Iowa. You consent to the jurisdiction of such courts, agree to accept service of process via certified mail or electronic mail, and waive any jurisdictional or venue defenses otherwise available.
These Terms of Use, together with any other document referred to herein, constitutes the entire agreement between you and DSM SLEEP regarding your use of the DSM SLEEP Website. No purchase orders, other ordering documentation, email or any hand written or typewritten text which purports to modify or supplement these Terms of Use shall add to or vary these Terms of Use.