Privacy

These are the terms and conditions of use (“Terms”) and privacy policy (“Privacy Policy”) of the Sleep America Web site, which include, without limitation, the home page at www.sleepamerica.com, splash page, and all other pages under the same top level domain name, and all content thereon (the "Site") as provided by Sleep America ("Sleep America" or "we").

By browsing and using this Site you are agreeing to be bound by these Terms and the Privacy Policy set forth below. Sleep America reserves the right, at its discretion, to change, modify, add, or remove portions from these Terms or its Privacy Policy at any time, and it is your responsibility to review the Terms and Privacy Policy each time you access this Site. Your continued use of the Site following the posting of changes to the Terms or Privacy Policy means that you accept these changes. Please exit this Site immediately if you do not accept the revised Terms or Privacy Policy, or are in a jurisdiction where use of this Site is not permitted.

Terms & Conditions of Use

All of the information on the Site is provided for general informational purposes only.

Privacy

Sleep America collects personal information through this Site. Your Personal Information (as defined below) will only be used for purposes to which you have given your consent. Sleep America’s collection, use and disclosure of your personal information is governed by its Privacy Policy.

Security

You may be issued or you may create a user name and password (collectively, your “account”) in order to access certain sections of this Site and/or certain products and services available through this Site (the “Products” and “Services” respectively). You are responsible for maintaining the confidentiality of your account, and for all activities that occur through the use of your account. You agree to: (a) immediately notify Sleep America of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Sleep America will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

Viewing Videos on Sleep America’s Site

The material contained in videos on the Site is intended for informational and educational purposes only. Please be advised that users are cautioned as some videos may contain explicit and/or graphic images of medical procedures and treatment that may be inappropriate for certain audiences. By accessing the video, you acknowledge and fully understand that it is for informational and educational purposes only.

The views and opinions of authors expressed in the video do not necessarily state or reflect those of Sleep America and they may not be used for advertising or product endorsement purposes.

Use of Materials

You may print or have printed by a third party any downloadable material contained on this Site provided that the following three conditions are met: (i) the material is solely for non-commercial and personal use; (ii) no copyright or other proprietary notice is removed from the material; and (iii) the material is not altered in any manner.

Prohibited Conduct

Except as expressly provided herein, this Site and the content, or any part thereof, may not be reproduced, modified, republished, uploaded, posted, transmitted, sold, distributed or otherwise used in any way, without the express prior written permission of Sleep America or as outlined herein. Prohibited conduct includes, without limitation:

  1. modifying, translating, reverse engineering, decompiling, disassembling this Site, the content or any part thereof;
  2. renting, leasing, sublicensing or transferring any rights in this Site or the content;
  3. removing any proprietary notices or labels on this Site or the content;
  4. violating, plagiarizing or infringing on the rights of Sleep America or any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
  5. any unauthorized use of the content (including use on any other website or networked computer environment); and
  6. engaging in any conduct which Sleep America, in their sole discretion, determines to be detrimental to their respective interests, including, without limitation, acting or failing to act in a manner contrary to any provision herein, or intentionally interfering with the website or Sleep America’s computer systems.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.

Copyrights, Trademarks and Other Proprietary Rights

The content of this Site, including but not limited to trademarks, designs, logos, text, images, audio and video materials, is the property of Sleep America and their respective affiliates or licensors ("Proprietary Materials") unless otherwise noted. Proprietary Materials are protected by the laws of the United States of America and other countries throughout the world and under international treaties. You may not remove any copyright or other proprietary notices from any Proprietary Materials. You may not display, reproduce, distribute, communicate, perform, modify, transmit, or otherwise use Proprietary Materials in any way for any public or commercial purpose without the prior and express written consent of Sleep America.

Links to Other Sites

This Site contains links to third party websites. Sleep America shall have no responsibility or liability to you in connection with third party websites accessible by links posted on this Site (“Linked Sites”). Access to Linked Sites is at your own risk and Sleep America is not responsible for the availability, accuracy or reliability of the contents of any Linked Site or any link posted on a Linked Site. Sleep America provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials or statements contained or referred to thereon by Sleep America.

Termination

Sleep America may, in its sole discretion, terminate or suspend your access to all or part of this Site, the content and/or any products or services for any reason, including, without limitation, your breach of the Terms or transmission of any unsolicited advertising materials.

Submissions

You agree not to submit, publish, transmit, display, disseminate or otherwise communicate any libellous, defamatory, inaccurate, abusive, threatening, offensive or illegal material while connected to or otherwise using this Site. Transmission of such material shall constitute a material breach of the Terms. Sleep America does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted and displayed by Sleep America or the administrators of this Site, in their sole discretion. Users remain solely responsible for the content of their submissions.

By submitting content to any area of this Site, you grant Sleep America and its affiliates a royalty free perpetual, irrevocable, transferable, non exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise use such content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the licence granted herein. You also authorize any user of this Site to access, display, view, store and reproduce such content for personal use.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON—INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR—FREE, THAT THIS SITE WILL BE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL MATERIAL, OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE OR TIMELY. SLEEP AMERICA RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE.

Indemnification

You agree to defend, indemnify, and hold harmless Sleep America and their respective affiliates, licensors, directors, officers, employees, and agents from and against any claim or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable attorney's fees), arising out of or relating to your browsing or use of this Site, content you transmit to this Site, your violation of any rights of another person or entity, and from your breach of these Terms.

General

This Site describes products and services that may be available from time to time in the United States of America. References to a particular product or service on the Site do not imply that Sleep America or its affiliates intend to make such products or services available in all countries. The Terms and your use of this Site shall be governed by the laws of the state of Arizona and the federal laws of The United States of America applicable therein. Any dispute arising under the Terms shall be resolved exclusively by the courts located in Phoenix in the state of Arizona. You agree not to bring any legal action against Sleep America in any jurisdiction except the state of Arizona and you shall submit and consent to such jurisdiction. If any provision of the Terms shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of any such provision or any other provision. The Terms constitutes the entire agreement between you and Sleep America in connection with your use of this Site. Your use of this Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Sleep America other than that of independent contractors.

Privacy Policy

Privacy Rights

Sleep America is responsible for the personal information that it collects, uses, maintains and discloses. To ensure this accountability, we have developed this policy, and trained our staff about our policies and practices.

Personal Information

Personal information is any information that identifies you, or by which your identity could be deduced. It does not include your name (in your capacity as an employee of an organization), business address, business title or business telephone number. (is your name not personal info - just to clarify, a couple of paragraphs down this info. is described as personal info?)

Types of Information Collected

This Site collects from and uses information about its users. This information falls into a number of different categories:

The Site automatically collects certain user information which is customarily logged by Internet servers, such as the Internet Protocol ("IP") address through which you access the Internet, the date and time you access this Site and the Internet address of the Web site from which you linked directly to this Site ("User IP Information").

The Site may use "Cookies", which are small data files that are placed on an individual user's computer hard drive to enable the user to more easily communicate and interact with the Site.

The Site may collect user information which does not allow identification of you, such as buying preferences or age; this information is also known as demographic or profile data ("User Anonymous Information"). User Anonymous Information is generally provided to Sleep Country by users on an optional basis. The Site may collect users’ Personal Information such as your name, address, phone number and email address. The collection of Personal Information may be through various means, such as submissions, contests and communications to the Site and postings to bulletin or chat areas, if any. We may aggregate or anonymize Personal Information (by removing information which could identify an individual user) in order to create User Anonymous Information.

Why and How the Site Collects and Uses Information

The reason for the collection of information on the Site and uses which are made of the information which is collected depends on the nature of the information.

User IP Information is used to measure the number of visitors to the different sections of this Site, and to help us make this Site more useful to the users. For example, we collect your IP address to help diagnose problems with our server, and to administer our Site. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.

The Site uses Cookies to customize your experience on the Site. We also use Cookies to record how many times a user has visited our Site and what pages the user has accessed. You may, however, disallow receiving Cookies at any time through your web browser. It is not our intention to use Cookies to retrieve information that is unrelated to our Site or your interaction with our Site.

We may use User IP Information, Cookie information or User Anonymous Information collected on and through this Site to improve our Site, to personalize your experience on the Site and to send you information that may be of interest to you. This information may also be used for statistical purposes or to evaluate what portions of the Site are more popular than others, determine where visitors came from, and where they go, and how long visitors stay on a particular page, or on the Site in general.

Sleep America and its affiliates will use Personal Information collected on and through this Site only for the purposes described in this Privacy Policy or for additional purposes which are disclosed at the time the Personal Information is collected and for which Sleep America seeks your consent. For example, Personal Information collected on and through the Site may be used to send you information about updates to our Site or about products and services offered from time to time by Sleep America and its affiliates.

Under certain circumstances, Sleep America will disclose your Personal Information:

  • when we are required our authorized by law to do so, for example if a court issues a subpoena;
  • when you have consented to the disclosure;
  • when the services we are providing to you require us to give your information to a third party your consent will be implied, unless you tell us otherwise;
  • where it is necessary to establish or collect amounts owed to us;
  • if we engage a third party to provide administrative services to us (such as computer back-up services or archival file storage) and the third party is bound by our Privacy Policy;
  • if the information is already publicly known.

Sharing of Personal Information

Sleep America may disclose Personal Information to business partners and other third parties that it believes may provide offers that may be of interest to you. In order to make the Site more enjoyable for visitors, Sleep America constantly strives to learn how users use the Site. As a result, Personal Information may be transferred to one or more third parties such as data processors, website optimization consultants, fulfillment agencies, or advertising agencies, for processing relating to these purposes.

Personal Information collected on the Site may also be disclosed to a purchaser of all or some of Sleep America assets or business and the purchaser’s professional advisors provided that such advisors are under an obligation of confidentiality and the purchaser continues to use the Personal Information for the same purposes for which consent was obtained.

By using this Site, you consent to the collection, use and disclosure of your Personal Information collected through the Site for these purposes. If you do not agree to these purposes, then, please exit the Site.

Opting Out

You always have the ability to refuse to consent to the collection, use or disclosure of your Personal Information. In order to do, you should contact Sleep America by one of the means set out below. In some circumstances (such as contests, promotions or the purchase of goods or services), opting out may prevent us from dealing with you.

Access to Personal Information

Upon request, Sleep America will provide an individual with details of any Personal Information about him or her, which Sleep America has in its possession or control.

Your rights to access your Personal Information are not absolute.

Sleep America may deny access when:

  • denial of access is required or authorized by law;
  • when granting you access would have an unreasonable impact on other people’s privacy;
  • to protect our firm’s rights and property;
  • where the request is frivolous or vexatious.

If Sleep America denies your request for access to, or refuses a request to correct information, Sleep America shall explain why.

Updating Your Information

Since Sleep America uses your Personal Information to provide services to you, it is important that the information be accurate and up-to-date.

If any of your information changes, please inform Sleep America so that we can make any necessary changes.

Correcting Errors

If Sleep America holds information about you and if you can establish that it is not accurate, complete and up-to-date, Sleep America will take reasonable steps to correct it.

Retention of Personal Information

Sleep America keeps your personal information as long as is reasonably necessary for it to complete its dealings with you, or as may be required by law, whichever is longer.

Contacting Sleep America

Sleep America can be contacted by mailing:

Privacy Officer
Sleep America
1202 North 54th Avenue, Suite 111
Phoenix, AZ
85043
Or by email

Keeping Your Personal Information Secure

Sleep America uses commercially reasonable steps to keep any Personal Information, which it collects about you, secure from unauthorized access, deletion or alteration, but, as with any communication of Personal Information over the Internet, there is a risk that data will be intercepted or otherwise interfered with by third parties. Sleep America will have no liability to you if your Personal Information is intercepted or otherwise interfered with by third parties while it is in transit over the Internet. You should take precautions to ensure that your Personal Information is not accessed by others; such precautions include the use of passwords and encryption and turning off your computer when you are finished using it.

Your Acceptance of this Privacy Policy

By using this Site, you signify your acceptance of our Privacy Policy and the purposes outlined herein for which Sleep America collects, uses and discloses your Personal Information. If you do not agree to this Policy, please do not use our Site.

© 2012 Sleep America. All rights reserved.