Privacy and Security
SLEEPSMART has the utmost respect for your privacy and security. We encourage you to read both documents to ensure you agree with the terms and conditions of use of the website and you understand our use of your personal information before you use the SleepSmart website.
Feel free to let us know if you have any questions or concerns by contacting us.

Terms and Conditions
SLEEPSMART, LLC ("SLEEPSMART") offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. SLEEPSMART reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by SLEEPSMART.

Personal and Noncommercial Use
The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to SLEEPSMART that you will not use the Web site for any purpose that is unlawful or prohibited by these terms and conditions of use.

No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SLEEPSMART MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION OR REQUIREMENT. Neither SLEEPSMART nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of SLEEPSMART. SLEEPSMART reserves the right to change or discontinue at any time any aspect or feature of the Web site.

Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SLEEPSMART OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO SLEEPSMART OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.

Indemnification
You agree to defend, indemnify and hold SLEEPSMART, its officers, directors, affiliated companies, employees and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the SLEEPSMART site, or any content, product or service offered through the SLEEPSMART site, in a manner that violates or is alleged to violate these Terms and Conditions. SLEEPSMART shall provide notice to you of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Featured Links and Advertisements
The Web site may contain hyperlinks to Web sites offered by parties other than SLEEPSMART. Such hyperlinks are provided for your reference and convenience only. SLEEPSMART does not control such other Web sites and is not responsible for their content; nor does SLEEPSMART' inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. Unless otherwise specifically stated on this Web site, SLEEPSMART does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Web site.

Linking
Unless you are subsequently advised otherwise by SLEEPSMART, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. SLEEPSMART reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you "frame" the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider's incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Web site.

Software Available on Web Site
Any software that is made available to download from this Web site is the copyrighted work of SLEEPSMART and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, SLEEPSMART hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by SLEEPSMART in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.

Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the SLEEPSMART site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written consent of SLEEPSMART. Violation of this provision may result in severe civil and criminal penalties. You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from SLEEPSMART or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:

• SleepSmart, LLC
• Attn: Legal Department
• 75 West Street, St. 15L
• New York, NY 10006
• Office: 347.306.9835
• e-mail: admin@smartersleeping.com

Trademarks/Service Marks
"SLEEPSMART, LLC”, "SLEEPSMART", and "SleepSmart" are registered service marks of SLEEPSMART, LLC, licensed for use by SLEEPSMART, and are protected by state and federal trademark laws.

Copyright Infringement
SLEEPSMART will not tolerate copyright infringement of any kind. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending SLEEPSMART notice that includes all of the following information:

• your full name, address and telephone number
• your e-mail address
• identification of the copyrighted work(s) that you believe is being infringed
• identification of the infringing material and information sufficient for SLEEPSMART to locate the material
• your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
• your physical or electronic signature

Direct such notice to SLEEPSMART designated agent for receiving copyright infringement notices:

• SleepSmart, LLC
• Attn: Legal Department
• 75 West Street, St. 15L
• New York, NY 10006
• Office: 347.306.9835
• e-mail: admin@smartersleeping.com
• Upon receipt of notice complying with the above requirements, SLEEPSMART will act to remove infringing materials.

Termination of Privileges
SLEEPSMART reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If SLEEPSMART receives notice or otherwise discovers that you have breached any of these terms and conditions of use or the privacy policy, SLEEPSMART may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.

General
These Terms and Conditions (including the privacy policy also on this site, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and SLEEPSMART with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision 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.

SLEEPSMART reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by SLEEPSMART. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction
The Web site is controlled and operated by SLEEPSMART from its principal office in the State of New York, United States of America. SLEEPSMART makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject SLEEPSMART to the laws or jurisdiction of any state, country or territory other than the State of New York and the United States of America.

Privacy Policy
SleepSmart will not share any of your personal information with any third party. If in the future we find opportunities we think may be of interest to you, we will ask your permission (allowing you to "opt-in") before we share your personal information.
By visiting smartersleeping.com, you are accepting the terms and practices described in this privacy policy. In the future, we may need to update this privacy statement, so please review it as often as you visit our site.

Business Reorganizations and Transfers
Some of SleepSmart’s most important assets are our customers and information about their purchases. Should the company be reorganized, sold, or merged with another company, information about our customers would most likely be transferred to the new entity.

Our Use of Cookies
Cookies are not currently used in any capacity during your visit at smartersleeping.com

Security Statement
We strive to ensure the integrity of the personal information that you share with us, but strongly urge you to review our terms and conditions of the use of this site.
We hope you will enjoy your experience at our website,
SleepSmart, LLC