Terms of Service

PLEASE READ THE TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

By using this website, you signify your acceptance of the Terms of Service Agreement and the conditions for use of TALK ABOUT SLEEP, Inc (TAS). If you do not agree to all of the following, do not use this website!

TAS may revise and update the Terms of Service Agreement at anytime by posting the modified agreement on its website. You agree to review this agreement from time to time. Your continued use of TAS shall be considered your acceptance and agreement with the modified Terms of Service Agreement. If you violate any of the provisions in the Terms of Service Agreement, your permission to use the website automatically terminates.

Disclaimer

TAS does not provide medical advice. The information, forums, archives, interviews, stories, chat rooms, message boards, references, and any and all other such information (Content) contained on the TAS website is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Should you have any health care related questions, call or see your physician or other qualified health care provider promptly. Never disregard professional medical advice or delay in seeking treatment because of something you have read on the TAS website.

If you think you may have a medical emergency, call your doctor or 911 immediately. TAS does not recommend or endorse any specific medical providers, tests, products, procedures, opinions, or other information that may be mentioned on its website. Reliance on any information provided by TAS, TAS employees, others appearing on the website at the invitation of TAS, or other visitors to the website is solely at your own risk.

Those individuals, companies, advertisers and others providing Content make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the services or information provided. TAS, officers, directors, employees, affiliates, partners, advertisers, sponsors, and suppliers (Affiliates) have no control over and accept no responsibility for such materials.

TAS may contain links to web sites operated by other parties. Such links do not imply TAS endorsement of material on any other website and TAS disclaims all liability with regard to your access of such linked web sites. You are solely responsible for compliance with the laws applicable to your country of residence.

Liability of TAS and Its Affiliates

The use of the TAS website and the Content is at your own risk. When using the TAS website, information is transmitted in a manner and over a medium which is outside the control of TAS and its Affiliates. Accordingly, TAS assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the TAS website.

The TAS website and the Content are provided on an "as is" basis.

TAS AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Specifically, TAS, its Affiliates make no representations or warranties about the following:

The accuracy, reliability, completeness, correctness or timeliness of the Content, text, graphics, links, or communications provided on or through the use of the TAS website or TAS, and The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the TAS website.

In no event shall TAS, its Affiliates or any third parties mentioned on the TAS website be liable for any damages resulting from the use or inability to use the TAS website or the Content based on any legal theory, and whether or not TAS is advised of the possibility of such damages. TAS shall be liable only to the extent of actual damages incurred by you, not to exceed the cost of the service provided to you by TAS. TAS is not liable for any personal injury, including death, caused by your use or misuse of the website, Content or Community Areas (as defined below).

Review of Message Board Postings and File Transfers

TAS does not review all communications and Content posted or transferred to TAS and is not responsible for the content of these communications and materials. However, TAS reserves the right to eliminate communications or materials that it determines, in its sole discretion, to be inaccurate, obscene, abusive, fraudulent, misleading, illegal, inappropriate, or unacceptable to TAS.

Only your physician or other qualified health care provider can provide medical advice. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

User Submissions

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to this website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant, or warrant that the owner of such content has expressly granted, TAS a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use the communication or content in any manner it chooses.

Community Areas

Your participation in on-line communities occurs in real time and is not edited, censored, or otherwise controlled by TAS. TAS does not screen content provided by you. TAS reserves the right to monitor content on the website and to eliminate content, which TAS, in its sole discretion, determines to be harmful, offensive, or otherwise objectionable and in violation of the Terms of Service Agreement or the TAS operating policies and procedures.

You may send and receive electronic mail, engage in conferences and chats, download and transfer files and otherwise use TAS as permitted by the Terms of Service Agreement, the TAS operating policies and applicable law. Files that you transfer, public messages that you post and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum moderator responsible for the area where the activity occurs. TAS operating policies relating to online conduct, information storage and deletion, conferences, message boards and other matters are available and/or will be made available online. TAS reserves the right, in its sole discretion, to change such policies at any time. Files posted to a message board may be subject to limitations, reproduction and/or dissemination, and you are responsible for adhering to such limitations.

You are responsible for your communications and your use of TAS. You may not, under any circumstances, do any of the following:

Post advertisement or solicitations of business
Post or transmit any message which is libelous, defamatory, unlawful, threatening, harassing, abusive, or hateful, to any other person or entity
Post or transmit any indecent, obscene or pornographic material
Post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion
Use TAS to threaten, harass, stalk, abuse, or violate the rights of others
Send email to Internet users for any purpose other than personal communication, including advertising, solicitation, "spamming", or other unwanted purpose (except as otherwise expressly permitted by TAS)
Send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others
Transfer or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents
Transfer files that contain a virus or corrupted data
Delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a message board or TAS
Falsify the source or origin of software or other material contained in a file that you upload to a message board or TAS
Use TAS in a manner that adversely affects its availability to others
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to TAS the user directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by TAS)
Falsely purport to be an employee or agent of TAS
Cause repeated disruptive incidents
Act, or fail to act, in your use of TAS, in a manner contrary to applicable law or regulation.

We encourage users to express their opinions or to express vigorously what may be unpopular views. Nonetheless, TAS reserves the right to take such action as it deems appropriate in cases where TAS is used to disseminate statements which are deeply and widely offensive and/or harmful.

Each time you transfer a file on TAS, you represent and warrant that you own or control the rights or have the necessary consents to do so, and you grant every other user the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability and is a violation of this Term of Service Agreement.

Privacy Policy

TAS respects the privacy of its users. Please see our privacy policy for a detailed description of our information gathering and dissemination practices for the TAS website.

User Representations

You represent and warrant that you are at least 18 years of age (or have the consent of your parent or guardian) and that you possess the legal right and ability to enter into this Agreement and to use TAS in accordance with this Agreement. You agree to be responsible for your use of TAS (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

Content

Statements made in newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum moderators, chat hosts, Affiliates, or others presenting information, support, and guidance on TAS are not authorized TAS spokespersons, and their views do not necessarily reflect those of TAS.

Licenses and Idea Submissions

You agree to grant to TAS a non-exclusive, worldwide, royalty-free, perpetual license, with the right to use the communication or content in any manner it chooses. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against TAS for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

Indemnification

You agree to hold harmless and indemnify TAS, contributors to TAS, and its Affiliates against any liability for any claims and expenses, including reasonable attorney's fees, relating to any violation of the terms of this Agreement or arising out of any materials submitted by you.

Governing Law; Jurisdiction; Statute of Limitations

This Agreement shall be governed by the laws of the State of Delaware applicable to agreements wholly made and performed in Delaware without regard to conflict of laws. Before seeking legal recourse for any harm you believe you have suffered from your use of TAS, you will give TAS written notice specifying the harm and 30 days to cure the harm after providing such notice.

In the event that you believe you have been irreparably harmed by any cause of action relating to TAS, you agree to inform TAS in writing and grant TAS thirty (30) days to cure the harm before initiating any action. Any legal action, suit or proceeding arising out of or relating to this Agreement or a breach thereof, shall be instituted in a court of competent jurisdiction in Prince Georges County, Delaware, and you hereby consent and submit to personal jurisdiction of such court, waive any objection to venue in such court and consent to service of process by overnight courier or express mail at your last known address.

Any cause of action initiated by you must be initiated within one (1) year after the claim or cause of action has arisen or it will be barred. Remedies under the Terms of Service Agreement are exclusive and are limited to those expressly provided for in the Terms of Service Agreement.

Copyright and Trademark

The entire contents and design of TAS are protected under U.S. and international copyrights. TAS is for your personal noncommercial use. You may not modify, copy, distribute, transmit, display, or publish any materials contained on TAS without the prior written permission of TAS or the appropriate copyright owner. Please refer to the copyright notice for more information. Certain names and logos are trademarks and service marks of TAS and third parties and may not be used without permission.

Notice

TAS may deliver notice to you under this Agreement by means of electronic mail, a general notice on TAS, or by written communication delivered by first class U. S. mail to your address on record in the TAS registration information. You may give notice to TAS at any time via electronic mail or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

Talk About Sleep, Inc.
14480 Ewing Ave So. Suite 102
Burnsville, MN 55306
Attn: President

or email: info@talkaboutsleep.com

Severability

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

Advertising Policy

The guiding vision of TALK ABOUT SLEEP (TAS) is to provide an information, support, and advocacy resource to the sleep community and to become a focal point of sleep discussion and knowledge. To accomplish this goal, it is necessary for TAS to draw upon the resources of the entire sleep community and to commence the bold initiative required to accomplish this purpose. Here, resources are broadly defined and include knowledge, money, informational content, and experience.

The TAS business model assumes the generation of revenue through the sale of advertisements to defray the costs of providing this forum and to compensate its employees and investors. To generate revenue TAS will sell advertising, sponsorships, and content to outside companies who desire to address the members of the sleep community. Despite the need for this revenue, TAS holds firmly to the following principles with regard to advertisements and content.

TAS determines site content in its sole and absolute discretion.
All advertisement must be for lawful products as determined by the jurisdiction in which TAS operates.
TAS has the right to reject any advertisement or content that it deems, in its sole and absolute discretion, to be fraudulent, objectionable, or in any manner unfit or that does not benefit the community which TAS serves.
TAS does not endorse any product that it promotes or advertises. Any comments made by TAS personnel in chat or other forum are the personal opinions of that individual and in no manner reflect the opinion of the company or sponsors.
There is a clear line of delineation between editorial material, advertisement, sponsor provided material, and academic material. Each reader is entitled to know the source of the presented material and that information will be indicated and the author or contributor identified.
Advertisers, sponsors, professional associations, and others will not unduly influence TAS in its presentment of information and support material or in its advertising policy.
Advertising will not be related to or promote alcohol, gambling, pornography, tobacco, or other products injurious to health.

To reinforce its commitment to these principles, the following corporate value statement is submitted.

Value Statement

As a small, but dedicated team of professionals, the TALK ABOUT SLEEP family holds the following values at the core of its business philosophy.

Service to our fellow man
Integrity in all we do
A creative approach to all challenges
Efficiency in thought and action, and
Teamwork in all we do and accomplish

These values serve to promote a culture of continuous quality improvement and to guide our daily activities and interactions. Our motto indicates our patient support philosophy: "One by one, we will get it done".