BARKER SLEEP INSTITUTE TERMS OF USE
The Barker Sleep Institute, LLC (“BSI”) website is maintained as a service to our users. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information on this site.
Only information that has been reviewed and cleared for dissemination will be published on BSI official website pages. BSI makes no representations or warranties, express or implied, with respect to the document, or any part thereof, including any warranties of title, non infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our website. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, products or services provided by or through the site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the site, and you should review this Agreement prior to using the site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The commercial copying, redistribution, use or publication by you of any such matters or any part of the site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the site. The posting of information or materials on the site does not constitute a waiver of any right in such information and materials.
All websites and electronic publications must follow BSI and legal standards regarding copyright. In general, publishers of information must secure permission from the owner of the copyright when including copyrighted or trademarked material, such as text, photographs, audio, video, graphics, maps, or logos, and include a permission statement or disclaimer as required by the owner of the copyright or trademark. Provisions of fair use can allow restricted use of copyrighted materials without permission of the copyright holder. For more information on copyright, see the U.S. Copyright Office Web site at www.copyright.gov.
3. Trademarks. Any mark, logo, symbol, letter(s), word(s) or combination of these that can be associated with BSI and legally qualifies as a trademark is prohibited from use without express written authorization. Other product and company names mentioned on the site may be trademarks of their respective owners.
4. Information on the Website. The site contains information that pertains to BSI and the public relations industry. We cannot and do not warrant that the information on the site is absolutely current, although every effort is made to ensure that it is kept as current as possible. Individual websites have modification dates that can be used as guides to the timeliness of the data; however, we cannot warrant that no changes have been made to the source information since that date. Similarly, we cannot and do not warrant the accuracy of these documents beyond the source documents, although we do make every attempt to work from authoritative sources.
5. Responsibility for Content. The website developer or blog author is ultimately responsible for page information. Information on the BSI must be both accurate and current, and represent BSI in a professional manner. BSI web developers are responsible for following BSI policies and local, state, and federal laws.
6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the site.
7. Indemnification. You agree to indemnify, defend and hold BSI, and our partners, officers, directors, attorneys, staff, employees and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Agreement or use of the site.
8. Nontransferable. Your right to use the site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
9. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
10. Use of Information. We reserve the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
11. Third-Party Services. We may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants, whether or not they are direct employees of BSI. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
13. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
14. Links to Other websites. The site contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our site and access these third-party sites, you do so at your own risk.
15. Information and News Releases. The site contains information and news releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any news releases. Information about companies or organizations other than ours contained in the news release or otherwise, should not be relied upon as being provided or endorsed by us.
