Terms & Conditions
PLEASE
READ THIS "TERMS & CONDITIONS" AGREEMENT CAREFULLY BEFORE USING THIS
WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS &
CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS OF
USE, PLEASE DO NOT USE THIS WEBSITE.
This website (herein referred to as "the Site") is owned and operated by Upstate Dream Institute, LLC dba Slumberland Snacks (herein referred to as "UDI") and can be used for your personal, non-commercial use only. This Terms & Conditions Agreement (the "Agreement") is made between Upstate Dream Institute, LLC dba Slumberland Snacks (the "Company," "we", "our" or "us") and You the customer making purchase from this Site (the "You"). If you are dissatisfied with this Site, your sole and exclusive remedy is to stop using the Site. Access to and use of this website is subject to the following Terms & Conditions. By using the Site, you signify your assent to these Terms & Conditions. UDI reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms & Conditions at any time. Such changes shall be posted on this page of sleepsquares.com and shall become effective immediately upon posting. Visitors to the Site should periodically check for changes to these Terms & Conditions. Your continued use of this Site following the posting of changes to these Terms & Conditions (including our Privacy Statement) will mean you accept those changes. UDI reserves the right to delete any message posts that pertain to providing or seeking medical advice; reporting or related to adverse events; or relating to product quality assurance reports. The Site, in whole or in part, may be enhanced, modified or discontinued at our sole discretion. Any enhancements, additions or modifications to the Site will be subject to this Agreement. You must obtain access to the Internet and pay any service fees associated with such access to use the Site. In addition, you must provide all equipment necessary for you to access the Internet. Your Information and your Privacy If you provide information to the Site, you agree to provide accurate, current and complete information about you where requested and you agree to maintain and update such information as appropriate. For information respecting our privacy procedures, please see our Privacy Statement. Any changes to the Privacy Statement will be effective immediately upon notice. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review the Privacy Statement periodically to ensure your familiarity with its most current version. User Conduct You are responsible for any and all content that you send to us. You may not use the Site or any information that you get from the Site to: interfere with any other user's use of the Site; conduct any unlawful activity; intentionally solicit or harm minors in any way; misrepresent your own identity or any affiliation that you may have; modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; alter or remove any copyright, trademark or other proprietary rights notices; "frame", "mirror" or "deep link" any part of the Site without our prior written authorization; or link to any page within the Site from any web site or web page that makes any claims as to the curative or health enhancing powers of any substance, whether or not such substance is produced, marketed, sold or distributed by us. User Submissions Any messages, suggestions, ideas, or concepts that are submitted shall become, and remain, the property of UDI. You agree that UDI or any of its affiliates, in whole or in part, may use any submissions, for any purpose including reproduction, transmission, publication, broadcast, and posting. You additionally agree that UDI is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to this Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products based upon such information without any obligation to compensate you or anyone else for them. 2 Week Supply (2 x 7 Count Box) Free Trial Promotion
By
placing an order on the Site for Sleep Squares 2 Week Free Trial
Promotion, you
are agreeing to be charged immediately a non-refundable S&H fee of
$5.00 to receive via USPS a 2 Week Supply of Sleep Squares (2 x 7 Count
Box). You will NOT be automatically enrolled in any
type of Subscription, Continuity or Auto Ship Program. This promotion is
intended for new customers of Sleep Squares only
and is limited to 1 per person. Ordering multiple Free Trial Promotion
items is prohibited and will result in both full price being charged and
multiple S&H charges being
applied. UDI has the right to reduce down to 1 any order that includes
more than 1 Free Trial Promotion item prior to shipping. If a Free Trial
Promotion item is included in an order with
other items from the website, customer will be charged a S&H fee
that is a combination of both S&H rates. Inclusion of a Free Trial
Promotion item voids out the Free Shipping option, regardless of the
total amount purchased.
1 Month Supply (30 Count Box) Free Trial Promotion
By
placing an order on the Site for Sleep Squares 1 Month Free Trial
Promotion, you
are agreeing to be charged immediately a non-refundable S&H fee of
$10.00 to receive via USPS a 1 Month Supply of Sleep Squares (30 Count
Box). You will NOT be automatically enrolled in any
type of Subscription, Continuity or Auto Ship Program. This promotion is
intended for new customers of Sleep Squares only
and is limited to 1 per person. Ordering multiple Free Trial Promotion
items is prohibited and will result in both full price being charged and
multiple S&H charges being
applied. UDI has the right to reduce down to 1 any order that includes
more than 1 Free Trial Promotion item prior to shipping. If a Free Trial
Promotion item is included in an order with
other items from the website, customer will be charged a S&H fee
that is a combination of both S&H rates. Inclusion of a Free Trial
Promotion item voids out the Free Shipping option, regardless of the
total amount purchased.
1 Week Supply (7 Count Box) Offer By placing an order on the Site for Sleep Squares 1 Week Supply (7 Count Box), you are agreeing to be charged immediately a non-refundable S&H fee of $4.95 per order and a refundable $9.95 for every box of Sleep Squares 1 Week Supply (7 Count Box) ordered. You will receive delivered via USPS the corresponding number of boxes of Sleep Squares 1 Week Supply (7 Count Box) ordered. 1 Month Supply (30 Count Box) Offer By placing an order on the Site for Sleep Squares 1 Week Supply (1 Week Supply), you are agreeing to be charged immediately a non-refundable S&H fee of $4.95 per order and a refundable $29.95 for every box of Sleep Squares 1 Month Supply (30 Count Box) ordered. You will receive delivered via USPS the corresponding number of boxes of 1 Month Supply (30 Count Box) of Sleep Squares ordered. Auto Ship Program for 1 Month Supply (30 Count Box) Offer By placing an order on the Site for Sleep Squares Auto Ship Program, you are agreeing to be charged immediately a non-refundable S&H fee of $4.95 and $29.95 for a total of $34.90 to receive via USPS a 1 Month Supply (30 Count Box) of Sleep Squares. If you enjoyed and experienced the benefits of Sleep Squares, do nothing and you will billed $29.95 and shipped a new 1 Month Supply (30 Count Box) of Sleep Squares every 30 or 60 days, depending on your preference set on initial order. Free S&H, a $4.95 value, is included on all subsequent shipments. Auto shipments can be modified or canceled at anytime by contacting Customer Service by email at [email protected] or by phone at 855-SLEEP85 / 855-753-3785 Monday to Friday 10:00 AM - 6:00 PM EST. BY AGREEING TO THESE TERMS, YOU AFFIRM THAT YOU UNDERSTAND THAT FOR THIS AUTO SHIP PROGRAM CONSUMER TRANSACTION YOU WILL BE LIABLE FOR ALL PAYMENTS FOR GOODS AND SERVICES UNDER THE TERMS OF THIS AGREEMENT. BY PLACING YOUR AUTO SHIP ORDER, YOU PROVIDE ELECTRONIC AUTHORIZATION FOR ALL FUTURE CHARGES AGAINST YOUR CREDIT OR DEBIT ACCOUNT FOR PRODUCT SHIPPED UNLESS YOU CONTACT CUSTOMER SERVICE TO CANCEL. All orders are shipped via USPS with a tracking number for reference. All orders are usually processed within 2-3 business days. All Free Trial Promotions are usually processed within 3-5 business days. Shipping via USPS within the continental United States (i.e. lower 48 states) is 2-6 business days. Shipping to Alaska and Hawaii is 4-10 business days. Shipping to Military APO, FPO and DPO destinations may take up to estimated 10-15 business days. Canadian shipping via USPS is 4-10 business days. Any shipment information, arrival date, or delivery date provided is a good faith estimate, and should not be construed as a binding obligation upon Company. On Canadian orders, Taxes, VAT or any other fee charged for the entry of the order/product into the country of delivery is the sole responsibility of you, the customer who made the purchase from this Site. Return Policy If for any reason you are dissatisfied with your Sleep Squares purchase, simply contact Customer Service by email at [email protected] or by phone at 855-SLEEP85 / 855-753-3785 Monday to Friday 10:00 AM - 6:00 PM EST for a return authorization number and further instructions. Ship product back to address provided and, upon verification that product is unopened, a refund of the purchase price, less any discount applied on original order, will be issued back to credit or debit card used for original purchase. The cost of shipping the product back for a refund is the sole responsibility of you the customer. All refunds will be processed within 7 business days after confirmed return delivery of unopened product. Open product will not be accepted even if a return authorization number has been issued and you the customer will not be refunded. Open product that was refused or rejected for refund will not be shipped back to you the customer and will be properly disposed of. Order and Payment Information Orders will be accepted only if there are no material errors in the description of the goods, services or prices as advertised on the Site. Descriptions of or references to products not marketed, owned, or sold by Company on or outside of the Site do not imply endorsement or affiliation with that product or company. Payment for orders of product placed through the Site can be made by major credit cards only including Visa, MasterCard, American Express, and Discover and all MasterCard and Visa debit cards. The Card ID/CVV number is required to be entered for all orders. All orders that are placed and shipped to New York State addresses are subject to applicable state tax on both item costs and shipping & handling fees. New York sales tax collected is remitted to New York State taxation authority as required by law. Placement of an order does not assure that Company has accepted your order. We may require additional information or confirmation regarding the order and/or the payment information. Only after a completed order is received and your payment is authorized, will the product be eligible for shipment. Company conditions the acceptance of your orders based on your acceptance of the Terms. Company reserves the right, without prior notice, to discontinue or change the specifications and/or prices of the products offered on or outside the Site without incurring any obligation. When placing orders, you must provide only true, accurate, current, and complete information. Use of any email addresses in the course of ordering and/or Site membership implies that the email address is registered to you. Company may cancel orders, or bar access to the use of the Site and/or products and services, for any or no reason. Company does not accept orders from dealers, wholesalers, or any customers who intend to resell items offered on the Site. You acknowledge and agree that resale of any products and/or services offered on the Site is strictly prohibited. Product and Service Information, Descriptions, and Prices To the best of our knowledge and ability, all product and service descriptions and information is accurate. However, prices, availability, and other purchase terms are subject to change without notice or without our immediate ability or opportunity to update the site. When reviewing product information or processing an order, please be aware that Company cannot warrant that all product descriptions, images, or information is complete, reliable, current, or error-free, or that the product content, packaging, quantity, coloring, size, or images will match exactly the product actually shipped and received. (Please see our Customer Service page for more information regarding refunds and returns.) All product prices are listed in U.S. Dollars unless otherwise indicated. Weights, dimensions, and capacities of the products are only approximate. All items are subject to availability. Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, and after payment has been processed. Links We may provide links to third party web sites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. Since we do not have any control over third party web sites or resources, we cannot be held responsible or liable for any content, or for your reliance on any content, found on such third party web sites or resources. Applicable Law The Company makes no representation that the Site is appropriate or available for use outside of USA & Canada. If you choose to access the Site from such other locations, you do so at your own initiative and risk and are responsible for compliance with local laws if, and to the extent that, such local laws are applicable. We reserve the right, in our sole discretion, to limit the availability of the Site to any person, geographic area or jurisdiction at any time. Termination and Modification At any time and for any reason, we may terminate your use of and access to the Site. At any time and for any reason, we may modify or discontinue providing the Site, or any part thereof, with or without notice to you. No notice is required to affect any termination right of any party. You shall not hold us responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages due to our modification or discontinuation of the Site or our termination of your access to the Site. Disclaimer of Warranties; Limitation of Liability By using the Site, you expressly agree that: The Site is provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not make any warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) any errors in the Site will be corrected. Your use of the Site is at your sole risk. You are solely responsible for any damage to you or to any third party caused, directly or indirectly, by any material that you download or obtain through the Site. The Company must approve any additional warranties in writing. You agree not to hold us or our partners and associates liable for any direct, indirect, incidental, special, consequential or exemplary damages (including, for example, damages for loss of profits, loss of goodwill, and loss of data), even if we have been advised that such losses may occur, which result from: your inability to access your registration data at any time; your use or inability to use the Site; unauthorized access to or alteration of your transmissions or data; or the acts of any third party related to the Site. Depending on the applicable jurisdiction, some of the limitations contained in this Section may not apply to you. Indemnification You agree to indemnify, defend and hold us, our officers, directors, employees, agents, designees and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of: your acts or omissions in connection with the Site; your breach of any provision of this Agreement; any allegation that any materials that you submit to us, transmit to the Site or transmit through the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or your violation of the rights of any third party. If we make a claim for indemnification, you agree to seek and receive written permission from us before agreeing to settle any claim or action. Copyright The copyright in all content provided on this website ("Content") is held by UDI. Except as provided in these Terms of Service, such Content may not be reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of UDI. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. You may not modify any materials contained within the Site nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site. We grant you a limited, non-exclusive, non-transferable, non-assignable license to use the Content on the Site solely for the purpose of viewing the Site in the course of using the Internet. Subject to the foregoing license, you may not make a temporary or permanent copy of the Site or any Content, on any media or for any purpose whatsoever. We do not transfer the title to any Content to you. We retain all right, title and interest in all Content. You may not sell, resell, de-compile, reverse engineer, disassemble or otherwise translate any software portions of the Site to a human-readable form. You may not transfer any portion of the Site to any third party, our logo, and the names of the products produced, marketed, sold or distributed by UDI, are trademarks and/or service marks of UDI. Trademarks The trademarks, service marks and logos ("Trademarks") used and displayed on this website are registered and unregistered Trademarks of UDI. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website, without the written permission of UDI. UDI aggressively enforces its intellectual property rights to the fullest extent of the law. Our Proprietary Rights The Site and software used with the Site contain information that is protected by copyrights, trademarks, trade secret laws, service marks, patents and/or other proprietary rights and laws (collectively, "Intellectual Property Laws"). In addition, the Content contained within the Site in sponsor advertisements, in information presented to you through the Site or in information presented to you by advertisers is protected by Intellectual Property Laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part, unless authorized by us, in writing, to do so. Transmissions Any material, information or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by UDI or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to UDI will be handled in accordance with UDI's Privacy Statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. Errors Although we attempt to maintain the integrity of the Site, we make no guarantee as to the accuracy or completeness of the Site. Information on this website is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. UDI may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. UDI makes no representations whatsoever about any other website which you may access through this one. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UDI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF UDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Miscellaneous If a court finds a portion of this Agreement unenforceable, the rest of this Agreement will continue to apply. This is the entire agreement between you and us relating to the Site and this Agreement replaces all prior written or oral agreements that may have existed between us. You cannot transfer your rights or obligations under this Agreement to anyone without our written permission. Our failure to enforce any provision of this Agreement does not waive our right to enforce the same provision in the future. The headings contained in this Agreement are for informational purposes only, but are not, themselves, enforceable provisions of this Agreement. Audience This Site is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER. By using this Site, you affirm that you are over the age of 18. Notice of Contact Information If you should have any questions or concerns regarding the arrangements of the Terms, or should wish to speak to a representative of Company for any reason, please contact us at any of the following. BY EMAIL: [email protected] BY PHONE: 855-SLEEP85 / 855-753-3785 BY MAIL: SLUMBERLAND SNACKS, PO BOX 3818, ITHACA, NY 14852 |