TERMS OF USE

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Pinnacle Sleep Management Terms of Use

This agreement governs your use of the Pinnacle Sleep Management website and any associated services and apps operated by Pinnacle Sleep Management (“Sites and Services”). By using our Sites and Services, you acknowledge and agree that you have read these Terms accept and agree to be bound by them, including to resolve any disputes with us arbitration. These Terms of Use are binding for all users of our Sites and Services.

General

Pinnacle Sleep Management is owned and administered by Pinnacle Sleep Management Inc., located at 300 S Firestone St, #200G, Gastonia, NC 28052 USA. Throughout these Terms of Use, we will refer to ourselves as “Pinnacle Sleep Management”, “Pinnacle Sleep Management Inc.”, “we”, “our”, “us”, or the “SITE ADMINISTRATOR” “You” and “your” refers to anybody using our website or other services.

Compliance with Applicable Laws

As a condition of your access to and use of our Sites and Services, you agree that you will not use the Sites and Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. Our Sites and Services are offered for your personal and non-commercial use only, and you are prohibited from using and are expressly not granted the right to use the Sites and Services for any other purpose.

Please also review our Data Protection Policy, which is incorporated in these Terms. Our GDP explains what data and/or personal information we collect about you and how we use your data and/or personal information.

No Children Under 16

Our Sites and Services are for adults and are not suitable for people under 16. If you are under the age of 16, please do not use our Sites and Services.

Changes

Please read these Terms of Use (“Terms”) carefully and note that we may change the Terms from time to time. The most recent version will replace and supersede all previous versions, although you may keep any information you obtained from prior visits and use it in a manner consistent with the then-applicable version of the Terms. You should return to this page from time to time to review the rules applicable to using our Sites.

Electronic Communications

You agree to receive emails and other electronic communications from us. You agree that electronic messages we send to you are communications “in writing” for legal purposes.

Your Data

We will do our best to ensure the integrity of our systems and prevent hacks. However, no system is impenetrable. You agree that we are not responsible if we are the victim of an online attack or hack. We make no promises that the Site and Services will be available at any given time. We may change the services we offer or suspend or cease performance of the services at any time or for any reason. We also reserve the right to cancel or refuse services. We may also remove or edit content or delete accounts.

Links to Third Party Services

Sometimes we may post links to other sites. We cannot control the content on other sites, and we are not responsible for the content on those sites. By linking to such sites, we do not agree with or endorse the content or owners of those sites. Please be aware that the content of those sites may also change from time to time. We shall not be liable for any damages or injury of any kind arising from your access to, or inability to access or use of such other sites and the information provided thereon, nor from your use of or reliance on any information provided on such other sites. Even if we linked to something, we are not responsible for what is at the other end of the link.

Communications Between Us and You

If you sign up for our email list and indicate that you want to receive such information, you agree that we may communicate with you from time to time regarding our Sites and Services and from third parties.

We reserve the right to contact you by email for purposes of informing you of changes to our Sites and Services or these Terms. We may also contact you regarding surveys or feedback regarding the Sites and Services.

No Unlawful or Prohibited Use/Intellectual Property

We grant you a non-exclusive, non-transferable, revocable license to access our Sites and Services, as long as you agree with our Terms.

You agree to use our Sites and Services only for purposes that are clearly legal under the applicable law. You also agree that you will not do anything that violates these Terms. You agree that you will not try to attack, hack us or try to sabotage our services in any way. You agree that you will not try to access another user’s data or do anything that prevents someone else from using our Sites and Services.

All of the content on our Sites is protected by various laws. That means all articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are protected by copyright as collective works or compilation under the copyright laws of the United States and other countries. All individual articles, photographs, pictures, graphics, video, audio, text, logos, software, and other content are also copyrighted works. All copyrights in the Sites are owned by us or by our third-party licensors to the extent permitted under the United States Copyright Act and all international copyright laws.

You agree not to use, publish, reproduce, distribute, enter into a database, display, perform, modify, create derivative works, transmit, or exploit in any way our materials, except that you may make use of the content for your own personal use as follows: you may make one machine readable copy and/or print copy that is limited to occasional articles of personal interest only.

International Users

If it is against the law to use our Sites and Services where you are, or if it is unlawful to transfer your data to the United States, do not use our Sites and Services.

Arbitration

If we any dispute because of these Terms or in any way arising out of or related to the Site and Services, you agree to arbitration. Arbitration is described by the Federal Arbitration Act. Instead of bringing an action in court, you or we would be required to have our dispute settled by a neutral person. This neutral person will be appointed by the American Arbitration Association or another similar service that you and we both agree on. The arbitrator’s decision and the award is final. You and we also both agree not to disclose anything about the arbitration to anyone (except as required by law or for the purposes of enforcement or appeal of the arbitration award).

Arbitration will cover all disputes and claims, including tort claims, direct claims, or indirect claims. The arbitrator can decide everything about the dispute. This includes the scope of the dispute. This arbitration clause will continue to be valid even if these Terms are no longer valid for some reason.

If you have a claim or dispute, you must contact us first, so we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration. The arbitration of any dispute or claim will follow the relevant rules of the American Arbitration Association as modified by these Terms.

If you and we have to go to arbitration, you and we will do so only in Orange County, California. The arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

You must contact us within one year of the date of the event or facts giving rise to a dispute or you will have waived the right to pursue a claim based on such event or facts.

Class Action Waiver

Any arbitration will be on an individual basis. By using these Sites, you agree that you cannot make “class action” claims. Unless both you and we agree, the arbitrator cannot group claims together.

Liability Disclaimers

The SITE ADMINISTRATOR shall not be liable for any damages or injury of any kind resulting from your access to, or inability to access, this website, nor from your reliance on any information provided on or via this website, including but not limited to viruses that may infect your computer equipment, software or data, unless such damage is the result of any willful misconduct or from negligence on the part of the SITE ADMINISTRATOR. The SITE ADMINISTRATOR shall further not be liable for damages resulting from the use of electronic means of communication, including but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

We assume no liability whatsoever in respect of the application, processing or use made of any information, products or services, or any consequence thereof, for any information supplied on or via the Site and Services, whether in the nature of data, recommendations or otherwise.

WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, CURRENCY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITES, OR INFORMATION ACCESSIBLE THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND INFORMATION ACCESSIBLE THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE SITES AND INFORMATION ACCESSIBLE THEREIN, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS OBTAINED THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT ALLOWED BY LAW, IF THESE EXCLUSIONS DO NOT APPLY TO YOU, YOU AGREE TO KEEP A NONCOMMERCIAL COPY OF THE INFORMATION THAT YOU HAVE FROM THE SITE AND THE SERVICES AS WELL AS A REFUND OF ALL AMOUNTS YOU HAVE PAID TO US TO ACCESS THE SITE AND SERVICES AS YOUR SOLE AND EXCLUSIVE REMEDY.

Representations, Warranties, and Covenants

YOU REPRESENT AND WARRANT THAT NO MATERIALS YOU SUBMIT TO US OR OUR SITES WILL VIOLATE, PLAGIARIZE, OR INFRINGE UPON THE RIGHTS OF THIRD PARTIES OR CONTAIN LIBELOUS, ILLEGAL, OR UNLAWFUL MATERIAL.

YOU REPRESENT THAT YOU ARE AT LEAST 16 YEARS OLD.

YOU COVENANT THAT YOU WILL NOT CONTEST OUR ABILITY TO EXERCISE OUR RIGHTS UNDER THIS AGREEMENT AND TO ALTER, DELETE, OR SUSPEND THE SITE AND SERVICES AT OUR UNLIMITED DISCRETION.

If you are a copyright owner or an agent of a copyright owner, and you believe that any content on the website, mobile apps, or other online services infringes your copyright(s), then you may submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing our Designated Copyright Agent with the following information in writing:

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;
identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;
the contact information of the complainant, such as an address, telephone number, and, if available, an e-mail address;
a statement that the complainant has a good faith belief that use of the material is not authorized; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be included in the Notice and submitted to our Designated Copyright Agent by mail to Pinnacle Sleep Management, 300 S Firestone St, #200G, Gastonia, NC 28052 USA.

Termination/Access Restriction

We reserve the right to prevent you from visiting our Sites and Services and using our services, without notice.

North Carolina Law and Enforceability

This agreement and our Sites and Services are governed by the laws of the State of North Carolina. You agree that Gaston County, NC has exclusive jurisdiction for any disputes arising from anything related to our Sites and Services.

If you are in a location that does not permit any of the terms in this agreement, you agree you will not use our Sites and Services.

Using the Sites and Services does not mean that you and we are in a joint venture, employment, or partnership.

If any part of this agreement invalid or unenforceable, the rest of the agreement will continue to be valid.