Terms of Use

Welcome to the website of Sleepy Herd, Inc. ("Sleepy Herd", "we" or "us"). Each Sleepy Herd, Inc. website, including www.sleepyherd.net, www.sleepyherd.com, and www.sleepyherd.org (each, the "Website"), is provided at no charge with the express condition that users agree to be bound by the terms and conditions (the "Terms of Use") set forth below.  These Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of the Website, including any content, functionality and services offered on or through Website, whether as a guest or a registered user.

Acceptance of Terms of Use

Please read the Terms of Use carefully before you start to use the Website. By using the Website you acknowledge that you have read and agree to be bound and abide by these Terms of Use. If you do not agree with these Terms of Use, you must not access or use any of the Website.
 

Changes to Terms of Use
 

We may revise and update these Terms of Use from time to time in our sole discretion without notice to you. You must consult the most recent version of these Terms of Use each time you view the Website. Your continued use of the Website following the posting of revised Terms of Use constitutes your acceptance of the Terms of Use as modified.

Intellectual Property Rights

Sleepy Herd, Inc. owns and maintains the Website for educational and informational purposes only (with the exception of our Wix-hosted online store), and it is solely for personal, non-commercial use.  All materials on the Website, including but not limited to all information, images, text, video and audio, displays, data, trademarks, service marks, and logos (including the design, selection and arrangement thereof), are, unless otherwise noted, the exclusive property of Sleepy Herd, Inc. and are protected by United States copyright, trademark and other applicable law. You must not copy, download, reproduce, republish, reuse, distribute, transmit, store, create derivative works of, publically display, or modify any of the material on the Website for any purpose without Sleepy Herd, Inc.'s express written permission, except that you may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website.  You may also make a single copy of the content displayed on any page of the Website to be used for your personal and non-commercial use which does not harm the reputation of Sleepy Herd, Inc., provided that you do not remove any trademarks, copyrights and any other notice contained in such content.

If you use the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of any materials you have created. No right, title or interest in or to the Website or any content thereof is transferred to you, and all rights not expressly granted are reserved by Sleepy Herd, Inc.. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other applicable laws.

Accessing the Website and Account Security 

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
 

Prohibited Uses
 

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
•    In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
•    For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
•    To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use;
•    To transmit, or procure the sending of, any advertising or promotional, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
•    To impersonate or attempt to impersonate Sleepy Herd, Inc., a Sleepy Herd Inc. employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
•    To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Sleepy Herd, Inc. or users of the Website or expose them to liability.
In addition, you agree not to:
•    Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
•    Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
•    Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
•    Use any device, software or routine that interferes with the proper working of the Website;
•    Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
•    Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
•    Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
•    Otherwise attempt to interfere with the proper working of the Website.
 

Users under the age of 18

 

While the Website is designed to be appropriate for all users, we will not knowingly collect personal information from users who are under the age of 18. If you are not yet 18 years old, please do not participate in any of the activities on the Website that require you to provide personal information (like making a purchase or signing up to receive the newsletter).

 
Sleepy Herd, Inc. is committed to safeguarding our users’ online privacy and recognizes the importance of protecting the privacy of personal information, particularly that of children (for further information, please see our Privacy Policy). We take all required steps to protect the privacy and safety of children in accordance with the Children's Online Privacy Protection Act (COPPA).
 

Disclaimer of Warranties
 

YOU AGREE THAT YOU ARE USING THE WEBSITE SOLELY AT YOUR OWN RISK. THE WEBSITE AND ALL OF THE MATERIALS ON OR REFERENCED BY THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS.  SLEEPY HERD, INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 

Limitation of Liability
 

IN NO EVENT SHALL SLEEPY HERD, INC. BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA), AND WHETHER OR NOT CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 

Indemnification
 

By using the Website and its contents, you agree to defend, indemnify and hold harmless Sleepy Herd, Inc., its officers, directors, employees, and volunteers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
 

Changes to the Website
 

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
 

Privacy Policy
 

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information consistent with the Privacy Policy.
 

Links from the Website
 

These terms and conditions apply only to the Website. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only and are not intended as an endorsement by Sleepy Herd, Inc. of the organization or individual operating the third party website. We have no control over the contents of such websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
 

Geographic Restrictions
 

Sleepy Herd, Inc. is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Please be aware that any personal information you transfer to us will be transferred to the U.S. and will be subject to U.S. law. By using this Website, participating in any activities related to this Website, and/or providing us with information, you consent to the transfer of your personal information to the U.S., and waive any claims that may arise under your own local and national laws.
 

Governing Law and Jurisdiction
 

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida. You hereby acknowledge and consent to jurisdiction in Florida and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
 

Termination
 

Your acceptance of these Terms of Use constitutes an agreement between you and Sleepy Herd, Inc.. This agreement is effective unless and until terminated by either you or Sleepy Herd, Inc.. You may terminate this agreement at any time by discontinuing use of the Website. Sleepy Herd, Inc. may also terminate this agreement at any time without notice, and accordingly deny you access to the Website, if in Sleepy Herd, Inc.'s sole discretion you fail to comply with any term or provision of these Terms of Use.
 

Waiver and Severability
 

No waiver by Sleepy Herd, Inc. of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sleepy Herd, Inc. to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
 

Entire Agreement
 

These Terms of Use and the documents incorporated herein by reference constitute the sole and entire agreement between you and Sleepy Herd, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
 

Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: kpatterson@sleepyherd.net.