Terms & Conditions

Introduction

Welcome to our website, Ground Therapy® Sleep Mat, Grounding Mat, Mat (the “Website”). This Website provides information about our grounding and sleep products, allows users to purchase products online, and provides other services to users as described herein.

These Terms & Conditions are entered into by and between you and Ground Therapy® Sleep Mat, Grounding Mat, Mat (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly include by reference (collectively, these “Terms & Conditions”), govern your access to and use of this Website, including any content, products, and services offered on or through this Website (collectively, the “Services”).

Please read these Terms & Conditions carefully before using the Services. By using or accessing the Services, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features, products, or tools which are added shall also be subject to these Terms & Conditions. You can review the most current version of these Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Use of Website and Services

The Website and Services are intended for users who are at least 18 years old. Users under 18 years old are strictly prohibited from using the Website or Services. By using the Website or Services, you represent and warrant that you are at least 18 years old. If you do not meet these requirements, you must not access or use the Website or Services.

Subject to these Terms & Conditions, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Website and Services solely for your own personal use.

Certain features or services offered on or through the Services may require you to pay fees. By using paid features or services, you agree to pay all applicable fees. Fees that you incur are owed immediately and are non-refundable.

As a user, you agree not to:

Use the Services for any illegal purpose or in violation of any local, state, national or international law;
Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
Interfere with security-related features or disrupt the Services, including by transmitting viruses, worms, spyware, malware or other harmful code;
Attempt to gain unauthorized access to the Services, user accounts, systems or networks;
Interfere with or disrupt the integrity or performance of the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Use scraping, data mining, robots or similar data gathering or extraction methods;
Post, share, transmit or otherwise distribute repetitive, unlawful or unsolicited messages or content;
Post, share, transmit or otherwise distribute any unlawful, harmful, offensive, infringing, obscene, or racially, ethnically or otherwise objectionable content or material;
Post, share or transmit misleading, fraudulent or unlawful content intended to hide the identity of the sender or mislead recipients as to the source of the content;
Post or transmit pornography, obscene, vulgar, profane, offensive, hateful, harassing, sexually explicit, defamatory, infringing, unlawful or similarly inappropriate content or material;
Post or make available any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services;
Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
“Frame” or “mirror” any part of the Services without our prior written authorization;
Use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;
Systematically download and store Website or Services content;
Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
Harvest or collect information about or from other users of the Services;
Permit or authorize any third party to do any of the foregoing.

Intellectual Property Rights

The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Content”), and all intellectual property rights related thereto, are the exclusive property of Ground Therapy® Sleep Mat, Grounding Mat, Mat. Except as explicitly provided herein, nothing in these Terms & Conditions shall be deemed to create a license in or under any such intellectual property rights.

You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Website or Services in whole or in part except as expressly authorized by us in writing.

If you provide us with feedback, suggestions, improvements, enhancements, modifications or other recommendations relating to the Website or Services (“Feedback”), you hereby assign all rights in the Feedback to us and agree that we shall have the right to use and fully exploit the Feedback in any manner we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary.

User Content

We may, in our sole discretion, permit users to post, upload, publish, submit or transmit relevant content, text, files, images, photos, video, sounds, musical works, works of authorship, applications, data or other materials (“User Content”) on or through the Services. By making available any User Content on or through the Services, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Services and other Company-owned websites and mobile applications. We do not claim any ownership rights in any User Content and nothing in these Terms & Conditions will be deemed to restrict any rights that you may have to use and exploit any User Content.

You hereby acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Services or you have all rights, licenses, consents and releases that are necessary to grant us the rights in such User Content under these Terms & Conditions; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, violate any applicable law or regulation, or result in the creation of a lien or encumbrance on the User Content.

You agree to not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business, post chain letters or pyramid schemes; or (v) impersonate another person.

We do not endorse or assume any responsibility for any User Content submitted by users. We have no obligation to prescreen, monitor, edit or remove any User Content. If notified by a user of User Content that allegedly does not conform to these Terms & Conditions, we may investigate the allegation and determine in our sole discretion whether to remove the User Content.

Accounts and Security

You may need to create an account to use certain features or functions of the Services. You agree to provide accurate registration information and to keep this information updated.

You are responsible for maintaining the confidentiality and use of your username and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected]. You may be liable for losses incurred by us or others due to any unauthorized use of your account.

Privacy Policy

Please review our Privacy Policy to understand our data collection and use practices. The Privacy Policy is incorporated into these Terms & Conditions by this reference.

Disclaimers

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR SERVICES OR ANY HYPERLINKED SERVICES, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE LAWS OF CERTAIN COUNTRIES/REGIONS/STATES/JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

CERTAIN COUNTRIES/REGIONS/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR $100, WHICHEVER IS GREATER.

Indemnification

You agree to indemnify, defend and hold harmless the Company and our affiliates, directors, officers, stockholders, employees, licensors, agents, representatives and third party providers from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of your: (a) use of the Website or Services; (b) violation or breach of these Terms & Conditions; (c) violation of any third party right, including any intellectual property right or publicity, confidentiality, other property or privacy right; or (d) violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Website or Services. We are not responsible for any loss or harm related to your inability to access or use the Website or Services.

International Use

The Website and Services are controlled and operated within the United States. We make no representations or warranties that the content or Services are appropriate for use or access in other locations. Anyone using or accessing the Services from other locations does so at their own risk and are responsible for compliance with any and all local laws, rules or regulations, if and to the extent local laws, rules or regulations are applicable. We reserve the right to limit the availability of the Website and/or Services to any person, geographic area or jurisdiction we so desire at any time and in our sole discretion.

Governing Law

These Terms & Conditions shall be governed by the laws of the State of Tennessee without regard to conflict of law principles. Any disputes relating to these Terms & Conditions or the Services shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Davidson County, Tennessee.

Arbitration Agreement

At Company’s or your election, all disputes, claims, or controversies arising out of or relating to the Website, the Services or these Terms & Conditions that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Nashville, Tennessee before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms & Conditions. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms & Conditions and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms & Conditions, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Entire Agreement; Severability

These Terms & Conditions, together with any documents incorporated herein by reference, represent the entire agreement between you and the Company with respect to the Services and use of the Website, and supersede and replace any prior agreements. If any provision of these Terms & Conditions is found invalid or unenforceable by a court of competent jurisdiction, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained herein shall continue to be valid and enforceable.

Contact

If you have any questions about these Terms & Conditions, please contact us at:

Ground Therapy® Sleep Mat, Grounding Mat, Mat
[email protected]