Proactive Life Terms and Conditions
Effective: January 20, 2010
1. Acceptance of the Terms and Conditions.
2. Your Conduct.
You agree not to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Proactive Sleep (b) interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) impose an unreasonable load on the Site’s infrastructure, (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (e) delete or alter any material posted on the Site by Proactive Life or any other person or entity, and/or (f) use profanity in any communications with other Users.
Some of the trademarks, service marks, and logos of Proactive Life (the “Proactive Life Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of Proactive Life. Other Proactive Life products, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Proactive Life Trademarks, the “Trademarks”).
You are not granted any license or right to use any Trademark displayed on this Site without the prior written consent of Proactive Life specific for each such use. The Trademarks may not be used to disparage Proactive Life or the applicable third-party, Proactive Life’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without Proactive Life’s prior written consent.
The Site or Proactive Sleep is for use by users who are eighteen (18) years of age or older. Users under the age of eighteen (18) are not permitted to use the Site or Proactive Sleep without the consent of a parent or legal guardian. By using the Site or Proactive Sleep, you represent that you are at least eighteen (18) years of age, or that you have the consent of a parent or legal guardian. If you are a parent or legal guardian of a child who is using Proactive Sleep and you wish Proactive Life disable your child’s account, please email Proactive Life at email@example.com and request that your child’s account be disabled.
3. Advertising, Linking, and Framing.
The Site may contain information about, links to and/or advertisements for web sites operated by other parties (the “Third Party Sites”). In addition, emails sent to users of this Site may contain information about, links to and/or advertisements for Third Party Sites. The information provided about, links to and advertisements concerning Third Party Sties are provided for your convenience only. Proactive Life is not responsible for the content of linked Third Party Sites, sites framed within the Site or third party advertisements on the Site, and/or emails sent from this Site. Proactive Life does not make any representations regarding their content or accuracy. Your use of Third Party Sites is at your own risk and subject to the terms and conditions of use of such sites.
4. Disclaimer of Warranties.
PROACTIVE LIFE AND THE PROACTIVE LIFE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. THE PROACTIVE LIFE PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FOR WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE, THE CONTENT, AND PROACTIVE SLEEP AT YOUR OWN RISK.
THE PROACTIVE LIFE PARTIES DO NOT WARRANT THAT THE SITE OR PROACTIVE SLEEP WILL OPERATE ERROR FREE, OR FREE OF COMPUTER VIRUSES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PROACTIVE LIFE PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND.
The Content on this Site and use of the Proactive Sleep are presented in a summary fashion and are intended for educational and informational purposes only. They are not intended to be and should not be interpreted as a recommendation for a specific treatment plan, course of action, or as a healthcare provider. THE SITE AND PROACTIVE SLEEP DO NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED LINKED TO, ADVERTISED ON THIS SITE. NEITHER THE SITE NOR PROACTIVE SLEEP ARE MEDICAL DEVICES OR MEDICAL PROGRAMS AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF SLEEP DISORDERS. IF YOU SUSPECT THAT YOU MAY HAVE A SLEEP DISORDER, CONSULT YOUR PHYSICIAN. You should not use the Site or Proactive Sleep to diagnose a health or fitness problem or disease. Use of the Site or Proactive Sleep do not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. You exercise your own judgment when purchasing any product or selecting a physician from this Site and/or any Third Party Site and we disclaim all responsibility for the professional qualifications and licensing of, and services provided by any physician or other health provider referred to on this Site and/or any Third Party Site. We strongly urge you to visit with a physician or health professional if you suspect you are ill. Never disregard the medical advise of a physician or health professional, or delay in seeking such advice, because of something you read in the Content.
5. User Submissions.
If you submit unsolicited information and feedback, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, “Feedback”), you are agreeing that the following terms shall apply to your Feedback: (1) Proactive Life, and our designees, may use or redistribute the Feedback and/or any portions thereof for any purpose, including commercial purposes, and in any way; without compensation to you (2) there is no obligation for Proactive Life to review the Feedback and/or provide you with any commentary regarding the same; and (3) there is no obligation to keep any Feedback confidential.
6. Proactive Sleep Forum and Email Support.
Users who use the Proactive Sleep Forum or send email to Proactive Sleep staff are required to agree to the following additional terms and conditions that govern all communications on the Parallel Kingdom Forum between the Users and other Users or Proactive Life and the ownership of any such communications as consideration for the privilege of being permitted to contribute to the Proactive Sleep Forum:
You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chatroom postings, ideas, suggestions, concepts, designs, or other material (“Material”) You submit to any physical Proactive Life company address, to any website owned or controlled by Proactive Life, or to any e-mail addresses contained in or on those web sites (each a “Proactive Life Location”) and that You submit in your capacity as an User, in Proactive Life’s sole discretion, shall be the property of Proactive Life.
Although Proactive Life has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (i) monitor the Submissions; (ii) alter, edit, or remove any Submission in whole or in part; or (ii) disclose any Submissions. The Submissions posted on the Site by users do not indicate any approval or endorsement by Proactive Life of such Submissions. Proactive Life is not responsible for, and hereby disclaims any and all liability that may arise from the Submissions.
You agree that you are responsible for your own use of the Site for any Submission you make, and for any consequences thereof. You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control law.
You agree to treat any communication or information you receive from Proactive Life or Proactive Sleep posted by Proactive Life or Proactive Sleep in a private forum as confidential (“Confidential Information”) and refrain from sharing it with any third parties, including other Users and Proactive Life competitors. Such Confidential Information may include without limitation, previews of designs or models, software, source code and marketing information.
You agree NOT to: (i) Post any private information, or otherwise harvest, collect or disclose information, about another without his or her express consent (ii) Use the Site for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations; (iii) Impersonate any person or entity, including any Proactive Life employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; (iv) Imply that Proactive Life endorses any of your statements or positions; (v) Delete or alter any material posted by any other person or entity.
If You do not agree to these Proactive Sleep Forum terms, you should not use the Proactive Sleep Forum and you should contact Proactive Life immediately by sending an email to firstname.lastname@example.org
7. Limitation of Liability.
YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, PROACTIVE SLEEP, SHALL BE FOR YOU TO DISCONTINUE USE OF PROACTIVE SLEEP.
TO THE EXTENT THAT THERE ARE CLAIMS NOT COVERED BY THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS HEREIN, PROACTIVE LIFE, NOT APPLE OR GOOGLE IS RESPONSIBLE FOR ADDRESSING ANY OF SUCH CLAIMS RELATED TO PROACTIVE SLEEP OR THE POSSESSION AND/OR USE OF PROACTIVE SLEEP, INCLUDING BUT NOT LIMITED TO (A) PRODUCT LIABILITY CLAIMS; ANY CLAIM THAT PROACTIVE SLEEP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATOR REQUIREMENT; AND (C) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
IN THE EVENT OF ANY THIRD PARTY CLAIM, NOT COVERED BY THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS HEREIN, THAT PROACTIVE SLEEP OR YOUR POSSESSION AND USE OF PROACTIVE SLEEP INFRINGES THAT THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, PROACTIVE SLEEP, NOT APPLE OR GOOGLE, WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE PROACTIVE LIFE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Termination of the Agreement.
Deactivation. You may deactivate Your Proactive Sleep account at any time, for any reason.
Effects of Termination. Sections 2 (Use of the Site), 4 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 9.2 (Termination of Agreement), and 14 (General) shall survive the termination of this Agreement.
Modification. Proactive Life may at any time modify Proactive Sleep, and do so without notice to You.
10. User Must Comply with Applicable Laws.
This Site is hosted in Wisconsin. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
11. Digital Millennium Copyright Act
Proactive Life respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Proactive Sleep’s designated Copyright Agent to receive notifications of claimed infringement is: Daniel Gartenberg legal@ProactiveSleep.com or mail to 22 Canterbury Lane, Belle Mead, NJ. 08502. You acknowledge that if You fail to comply with all of the requirements of this Section 5(D), Your DMCA notice may not be valid.
We may give notice to Our Users of any infringement notice by means of a general notice on any of Our websites, electronic mail to a User’s e-mail address in Our records, or by written communication sent by first-class mail to a User’s physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
12. U.S. Government Restricted Rights.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.
15. Third Party Beneficiary
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