Terms of Use

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Sleeplay, accessible at Sleeplay.com.
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Sleeplay, which includes Sleeplay.com and related web, mobile and other software programs and applications (collectively the “Site”), is owned by CPAP Supplies 1992, LLC, a Florida limited liability company (the “Company”, “we” or “us”). In order to use Sleeplay, the Site, or any Services offered, you must agree to be bound by the most recent version of the Terms of Service available on Sleeplay.com (the “Terms”). If you do not agree to the Terms, you cannot use Sleeplay or any Services offered. We may change these Terms at any time. The Company will alert you to an update in the Terms by posting notice of the update on Sleeplay.com for a reasonable period of time.

1. Using Sleeplay Services

(a) Sleeplay provides a web and app-based Service (“Service(s)”), which allows Users (as defined below) to browse and shop for a variety of e-commerce products, place orders to purchase such products, and have said products delivered directly to their home, or another address of their choice.

(b) We have established certain rules designed to make the use of the Services offered by Sleeplay a great experience for everyone. We promise to respect and protect users who abide by these rules. Failure to abide by these rules may result in termination of your access to Sleeplay and Services offered, and reporting of abuse to appropriate law enforcement authorities. By using this Service, you agree to the following rules:

i. In order to use the Services, you must be at least 18 years of age (or the age of consent set by applicable law) and be of legal age to form a binding contract. By accessing such content, you certify that you are old enough to view, use or access such content. Sleeplay has no liability to you in your use of any products purchased therefrom, or for third-party content contained on the Site or platform which you find to be offensive, indecent, or objectionable.

ii. You are not permitted to use the Services if: (a) You cannot enter into a binding contract with Sleeplay; (b) You are located in a country embargoed by the United States or if you are on a U.S. Agency list of prohibited persons or entities, such as the Treasury Department's list of Specially Designated Nationals; or (c) You have previously been banned from using any of our Services, unless we have reversed that ban, in our sole discretion.

iii. You may be required to create an account (as defined below), and select a password and username.

iv. You will follow any and all applicable laws, rules, and regulations when using the Services offered by Sleeplay.

v. You hereby certify that any and all information that you provide to Sleeplay when enrolling in the Services is accurate, complete, and truthful.

vi. You will not use the Service to assist in stalking, harassing, intimidating, or harming any other person or business.

vii. You will not use the Service to assist you (or anyone else) in partaking in any illegal activities.

viii. You will not index, crawl, decompile, scrape, or reverse engineer any part of the web, mobile application or any other platform or Service offered by Sleeplay.

ix. You will not interfere with, attempt to interfere with, or assist anyone else in interfering with or disrupting Sleeplay's security or network.

(c) Sleeplay shall not be held liable or responsible for any losses, expenses, damages, or costs you incur through using the Sleeplay Service or any product or content derived therefrom, and you agree to defend and hold harmless Sleeplay for any such losses.

(d) We can terminate or restrict your use of the Service at any time and for any reason. If you create an account with Sleeplay, we may block your account at any time. This policy is in place to keep Sleeplay and the Services we offer, fun and safe for everyone.

(e) We reserve the right to discontinue or modify Sleeplay or the Services offered at any time. We may not provide advanced notice if this happens.

2. User Accounts

(a) Users may be required to create an account with Sleeplay in order to access and use some of the Services offered (“User Account” or “Account”), and will be afforded the ability to connect a currently active email account to the Sleeplay platform. In order to create an Account with Sleeplay, certain personal information about you may be requested, which may include but not be limited to:

  1. Your full name;
  2. Your date of birth;
  3. Your country of residence and specific physical address therein;
  4. Your contact information;
  5. Payment information;
  6. Social media profile and account information;
  7. Email platform information; and
  8. Other similar personal information.

(b) You may be required to create a username and password, which will help to protect your Account from any unauthorized access. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. It is your sole responsibility to guard and protect this login information. We are not responsible for any activities or damages resulting from any unauthorized use of your Account. If you change your email address or no longer have access to the email you used to register, you must update your information. We reserve the right to reject or block any username which could be deemed to be offensive, an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity. To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the country in which you reside or from where you use the Service. The security and confidentiality of your Account are solely your responsibility and you agree to immediately notify us of any security breach of your Account. Sleeplay, its officers, affiliates, employees, or vendors shall not be responsible for any losses and/or unauthorized purchases arising out of the unauthorized use of your Account.

3. Third-Party Interactions

(a) The Site and Services made available thereon may include links to third-party services and/or third-party services may be made available to you via the Service. These services are subject to the respective third-party terms and conditions and constitute an agreement between you and the applicable third-party service provider.

(b) Third-party content and links are provided as a convenience to you. You agree that Sleeplay is not responsible for examining or evaluating the content or accuracy and Sleeplay does not warrant and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Sleeplay is not in any way responsible for any such use by you.

(c) Sleeplay has no control over how third parties operate their platforms, including the pricing, payment and billing policies applicable purchases, and therefore Sleeplay shall not be liable for any expense, damages, costs, or losses incurred through the use of such Third-Party content.

4. Payments

(a) When using the Services offered by Sleeplay, and upon electing to make a purchase therein, you will be required to input your valid and current payment information. Depending upon the products ordered, and from which portion of the Site the products were derived, your payments may be processed by one particular payment processor, or a collection thereof. By using the Services offered, you hereby expressly consent, agree, and authorize Sleeplay to perform and carry out any of the following methods of processing any orders you have placed on the Site or platform, and you hereby acknowledge that such methods may vary based on product selection, in addition to other contributing factors:

i. Orders Placed Directly Through Sleeplay: Depending on the product line, and from which portion of the Site the products are derived, the election to purchase certain products may result in the requirement of a direct payment to Sleeplay. Through your use of the Services, you hereby authorize us to charge your credit card or other acceptable payment method elected, for the amount due for the products ordered, as shown on the “checkout page.” We use multiple forms of protection and security on our website and platforms to ensure protection of your payment information you provide. In order to process payments for purchases made directly through Sleeplay, we currently use third-party payment processors such as Shopify Payments and Amazon Payments, and their terms can be found on the following websites: https://www.shopify.com/legal/terms-payments-us; https://pay.amazon.com/help/201212430.

ii. Orders Placed Directly On Third-Party Merchant Sites: Depending on the product line, and from which portion of the Site the products are derived, the election to purchase certain products may result in the redirection to one of our trusted Merchant websites, whereby you will be able to complete the purchase of the desired products through the checkout page of the designated Merchant website. This will require a direct payment to be made to the designated Merchant website. Some of these Merchants may allow for you to make payments over time, for the products purchased. As such, through your use of the Services, you hereby authorize such Third-Party Merchants to charge your credit card or other acceptable payment method elected, for the amount due for the products ordered, as shown on the Third-Party Merchant’s “checkout page,” when the orders are being placed through such Merchant’s websites, and you hereby consent and agree to be bound by the terms of service and privacy policies of such Third-Party Merchants. Such Third-Party Merchant websites may contain other links for purchases of products or services which were not shown on the Sleeplay platform. When exploring such options, please exercise caution and do not give your credit card number or sensitive payment information to someone you do not trust.

5. User Information

(a) In order to effectively facilitate or improve the Services we offer, we may need to use the information you submit to Sleeplay (collectively, the “Information”). The protection of our Users’ personal information is extremely important to us. While we may use such Information to learn about your interests and to help us facilitate and improve the Services, we will only share such information as detailed in these Terms and in our Privacy Policy. We are very serious about user information protections and promise to never use your sensitive information in any other way.

(b) You or we may update, delete, or modify your Information at any time. It is your responsibility to ensure that you keep your User Information up-to-date in our system. In order to update your Information in the event of any changes, please email your request to: info@Sleeplay.com.

6. Security and Safety

(a) Your security and safety are hugely important to us. While we have put many precautions in place to ensure the safety of your information and browsing devices while using our Services, please do not assume that your information and devices are fully secured in all actions you take on the internet. Use common sense and the tools and filters Sleeplay provides to make sure you feel safe and secure in using the Services offered.

(b) In the event that you believe that another user of our Services is violating these Terms or creating an unsafe or unwelcome environment on Sleeplay, please let us know immediately. You can contact us by email at info@Sleeplay.com, or directly on Sleeplay.com through the platform.

7. Intellectual Property & DMCA Safe Harbor Compliance

(a) We ask that you respect the intellectual property of Sleeplay. All materials available through Sleeplay, including (but not limited to) the name Sleeplay and our logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other rights which are owned by or licensed to our Company or the respective third-party owner of such intellectual property. You agree not to copy, reproduce, duplicate, display, or otherwise distribute these materials without our written permission.

(b) You are responsible for videos, photos, audio, text, graphics, or other data you transmit through the Service or through any method of communication made available thereon, and you agree to comply with all applicable laws, rules and regulations, including the Digital Millennium Copyright Act (DMCA). You agree that your use of the Service will not infringe the rights of any third party. We reserve the right to block or terminate your Account, at our sole discretion and without notice or liability to you, if you transmit any content alleged to infringe on the intellectual property rights of a third party.

(c) Product images and descriptions displayed on the Site are those provided by the manufacturer and/or distributor of such products, and therefore such content is protected by the copyrights, trademarks, service marks, or other rights of the respective owners of such content.

(d) Sleeplay has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed in this provision below.

(e)If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following DMCA requirements to Sleeplay’s Copyright Agent:

i. Information reasonably sufficient for Sleeplay to contact you: name, address, phone and email address (if available);

ii. A description of the copyrighted work or intellectual property that you claim has been infringed, or if multiple works, a listing of such works;

iii. Information reasonably sufficient to permit Sleeplay to locate your work on the site;

iv. A statement, made by you, that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent or the law;

v. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or authorized to act on the copyright owner’s behalf;

vi. A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(f) Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Sleeplay by mail, fax or email as set forth below:

Sleeplay.com
Email: info@sleeplay.com
Mailing Address: 6065 NW 167st Unit B24
Hialeah, Florida, 33015

8. Social Media Sharing

(a) Consumers may be permitted to post and/or share content contained on the Site, along with any desired comments, pictures, or videos on their favorite social media platforms and tag such posted content therein. Users hereby acknowledge and agree that any content posted shall not contain any offensive or inappropriate language or images, shall not contain any content which infringes upon, or violates the rights of any third-party, and that Users are solely responsible and liable for any damages or claims arising from any content from the Site which the User has shared or posted. In using any of the Company content and posting such content on any social media platform, Users thereby grant Company a perpetual and royalty-free license to use, reproduce, alter, or edit any such content posted online.

9. Termination

(a) You may end your legal agreement with Sleeplay at any time by discontinuing your use of the Service. Any subscriptions you have paid for or are currently paying for, can be managed in the Account Settings Page on the Site. If you decide to use the Service again, you agree that your use will be governed by all Terms then in effect.

(b) Without limiting its other remedies, Sleeplay may immediately discontinue, suspend, terminate, or block your access to the Service or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if the Company reasonably believes: (i) you have violated the Terms, (ii) we have reason to believe you are a legal liability; (iii) you haven’t used the services in a while; or (iv) our provision of the Service to you is no longer commercially or otherwise viable. Sleeplay will make reasonable efforts to notify you by email or the next time you attempt to access your Account. In all such cases, your license to use the Service terminates.

10. TCPA and Electronic Communications

(a) Through your use of the Service, you hereby expressly consent and agree to receive electronic communications from us, which may come in the form of email or SMS text messages. The ways in which we shall communicate with you may include but not be limited to mediums in the form of emails, SMS text messages, posts, notices, or alterations on the Website, or through other electronic communication mediums. You hereby consent and agree that all agreements, notices, disclosures and other communications that we provide to you electronically shall suffice to satisfy any and all legal requirements that such communications are made in writing. We may send you electronic newsletters through email, and may send you emails on behalf of third parties containing promotional offers or sales which we determine may interest you. You may unsubscribe from the receipt of such emails at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that we contact you about certain services, you authorize us to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to us throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.

11. LIMITATION OF LIABILITY AND DAMAGES

SLEEPLAY IS A PLATFORM FOR ONLINE BROWSING, AND SHOPPING FOR A VARIETY OF E-COMMERCE PRODUCTS, AND HAVING SUCH PRODUCTS DELIVERED TO THEIR HOME OR OTHER DESIRED ADDRESS. WE DO NOT PROVIDE OR ENDORSE ANY ACTIVITIES PARTAKEN BY USERS OF THE SLEEPLAY SERVICES.

THEREFORE:

(a) IN NO EVENT WILL SLEEPLAY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTERRUPTIONS IN SERVICE, LOSS OR CORRUPTION OF DATA OR PROGRAMS, OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SLEEPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SLEEPLAY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PRODUCT PURCHASED ON THE SITE OR THROUGH ANY THIRD-PARTY LINK ACCESSED THROUGH THE SITE OR PLATFORM.

(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SLEEPLAY BE LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE PRODUCTS PURCHASED THROUGH THE SERVICES, YOUR USE OF THE SERVICES THEMSELVES, OR THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING (WITHOUT LIMITATION) DEATH, INJURY, OR EMOTIONAL DISTRESS. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM (I) USING GOODS PURCHASED ON THE SITE, (II) ACCESSING CERTAIN WEBSITES THROUGH THE USE OF THE SERVICES, (III) COMMUNICATING WITH OTHER USERS WHILE USING THE SERVICES OR (IV) PARTICIPATING IN ANY EVENT OR ACTIVITY YOU LEARNED ABOUT THROUGH THE SLEEPLAY SERVICES.

(c) THE SERVICES OF SLEEPLAY AND ANY CONTENT MADE AVAILABLE THEREON ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, QUALITY, OR SAFETY.

(d) REGARDLESS OF THE PREVIOUS PARAGRAPHS, IN THE EVENT THAT WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY SHALL BE LIMITED TO THE AMOUNT OF $100.

12. No Constitution of Medical Advice

(a) You hereby acknowledge and agree that any and all content made available through Sleeplay.com is strictly for informational purposes only and is in no way intended to be taken and shall not in any way be construed as medical advice or counseling or as the practice of medicine or as the creation of a physician-patient relationship between User, any visitor, and Sleeplay.com. Users shall not use any information found on Sleeplay.com in place of seeking professional advice from a licensed medical practitioner. We make no guarantees, promises, or predictions of success regarding any of the products, services or resources offered through Sleeplay.com.

13. ABN Notice for Medicare Beneficiaries

(a) Sleeplay.com (CPAP Supplies 1992, LLC) sells CPAP equipment to customers for cash. We do not work with private or government-based insurers or social benefit programs. We do not accept assignment. Sleeplay.com is not a Medicare provider nor do we have a Medicare number. Medicare will not reimburse you for purchases you make on Sleeplay.com, nor can we guarantee that Medicare will reimburse you for any purchases made through any third-party links found on Sleeplay.com.

14. Indemnification

(a) You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Affiliates”), from and against all claims, demands, suits, and liabilities, including but not limited to any claims damages or losses incurred, slander, defamation, libel, unauthorized use of name or likeness, and other similar claims, by any third party arising out of or relating to (i) your access to or use of any goods or products purchased through the Site or through any third-party link thereon, (ii) your access to or use of the Services themselves, (iii) your interaction with any third-parties or third-party websites, through the use of the Sleeplay Services (iv) your violation of the Agreement, (v) any coupons, promotions, or other content or Services interacted with or shared by you in connection with the Site, or (vi) the infringement by you, or any third-party using your User Account, of any intellectual property or other right of any person or entity. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15. Additional Terms

(a) These Terms shall be governed and construed in accordance with the laws of the State of Florida without regard for the conflict of law provisions. Any dispute arising hereunder, or related to the terms hereof, shall be brought exclusively in the state or federal courts located in Florida.

(b) Sleeplay uses or may use certain features of the device on which you access the Services from. You agree that Sleeplay may access these features, and further agree that you may be charged by your phone, Internet, or data provider for the use of these Services. You hereby acknowledge and understand that you will be fully responsible for any charges incurred through your use of the Sleeplay Services.

(c) These Terms, our Privacy Policy, our PHI Privacy Policy, and our Shipping/Returns Policy now incorporated herein, represent the full, final, and complete agreement between you and Sleeplay regarding your use of the Services.

(d) If any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall continue in full force and effect to the maximum extent legally permissible.

(e) The delay or failure of either party hereunder to exercise or enforce any right or provision of these Terms, shall in no way constitute a waiver of such rights.

(f) If you do not understand any of the Terms listed above, or if you have any questions or comments about such Terms, we encourage you to please contact us via email at: info@Sleeplay.com

16. Notice To California Residents

(a) Under California Civil Codes, California residents are entitled to additional specific consumer rights information. To file a complaint regarding the Services or to receive further information regarding use of the Services, including to cancel your Services, please email us at info@sleeplay.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

17. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Sleeplay (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://sleeplay.com/policies/privacy-policy.html (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

(a) User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies. 

(b) User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Sleeplay and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

  1. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of digital and physical products, services. Messages may include checkout reminders. 
  2. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
  3. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@sleeplay.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
  4. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
  5. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not  liable for delayed or undelivered mobile messages.
  6. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
  7. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
  8. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

(c) Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Hialeah, FL before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Sleeplay’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

(d) State Law:

  • Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
  • Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

(e) Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.