The following terms and conditions govern your use of www.oclu.com (the “Site”), the purchase of products from the Site, and services related to the Site. The operator of this website is Oclu Sleep, LLC (“Oclu” “us,” “our,” or “we”). By using the Site or purchasing products from the Site, you agree to be bound by these Terms and Conditions (the “Agreement”). If you do not agree to these Terms and Conditions, please do not use this Site.
If you have any questions regarding the meaning or application of this Agreement, please direct your questions to:
Who We Are and What We Do.
The Site is designed to allow you to gain information about Oclu, its products and services, as well as to purchase products directly from Oclu.
Oclu designs products to help athletes sleep better. Backed by years of research, development and design, we’ve crafted the ultimate performance-enhancing solutions.
Access to the Site.
This Agreement grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by Oclu. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
To create an account on the Site, you must be at least eighteen (18) years of age. If you are under 18 years of age, you must obtain parental consent before obtaining access to the Site.
From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Oclu may undertake from time to time; or (iii) causes beyond the control of Oclu or which are not reasonably foreseeable by Oclu.
Limited Warranty/Disclaimer of Liability.
Oclu makes no representations or warranties as to the truth or accuracy of any information or opinions presented on the Site. Although the Site may provide guidance on various product features, it does not guarantee the usability or functionality of those features at any given time, nor does it guarantee the accuracy of those product descriptions.
This Site and its contents are provided “as is” without warranties of any kind, whether expressed or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of the Site is at your sole risk. You assume full responsibility for all costs associated with your use of the Site, and that Oclu shall not be liable for any damages of any kind related to your use of the Site
IN NO EVENT SHALL OCLU, OR ANY DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF THE SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Eligibility and Responsibility of Account.
In order to use certain portions of the Site, you may need to create an account with the Site. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify Oclu of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is easily compromised. You are not allowed to use another customer’s account without that customer’s permission. Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorized user of that account.
You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using the Site.
We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site.
Copyrights, Trademarks and other Intellectual Property Rights.
All materials, including without limitation, all company, product and service names, logos, images, illustrations, designs, icons, photographs, text, software, graphics, videos, audio and sound that are part of the Site, along with the Site as a whole, are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws. All copyrighted or trademarked material or other intellectual property used on the Site is owned by Oclu or others who have given Oclu permission to use their protected intellectual property. Unless otherwise expressly granted herein, no rights, licenses, or interest of any kind are granted and Oclu expressly reserves all rights.
The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of Oclu or the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of Oclu.
The Site may contain content supplied by parties other than Oclu. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of Oclu. We make no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose.
Oclu is not responsible for the actions or inactions of any users of the Site, including the viability, usefulness, durability, or functionality of any product or product review listed on the Site.
General Conduct On The Site.
The Site is intended to be used for lawful purposes only. If you create an account, you may be given the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. We reserve the right, but we do not have the obligation to remove any content posted on our site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using the Site:
(1.1) You may not post or transmit any material or content on or through the Site:
- that violates or infringes in any way upon the rights of others;
- that discloses private personally identifying information of another person that could lead to identity theft;
- that discloses health related information of another person;
- that discloses confidential, proprietary information or trade secrets;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasion of privacy or publicity rights, is fraudulent or tortious, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, indecent or otherwise objectionable;
- that is protected by the copyright, trademark, trade secret or any other intellectual property or proprietary rights of anyone other than you;
- that expresses or implies that any statements you make are endorsed, sponsored, or approved of by us or affiliated with us, without our prior written consent; or
- that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
(1.2) You may not post or transmit on or through the Site:
- software or other materials that contain viruses or other programs harmful or disruptive to the Site or other websites;
- chain letters; mass mailings; spam mail; or
- any robot, spider, 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 Site or its contents.
(1.3) You may not:
- offer any services on the Site that you are not properly licensed to perform;
- misrepresent who you are or impersonate another person;
- engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
- harvest or collect information about Site visitors or Registered Users without their express consent;
- use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any photo or video or portion of any photo or video on the Site or any portion of, use of, or access to the Site;
- create a database by systematically downloading and storing Site content;
- frame or mirror any part of the Site without our prior written consent; or
- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
User Comments, Feedback and Other Submissions.
By submitting, disclosing, posting, transmitting or uploading any messages, data, or content to the Site, you warrant and represent that you are the owner of that information or content or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such information or content for your intended purpose. By posting any information or content to the Site, you grant, and you represent and warrant that you have the right to grant, and that you do grant to Oclu an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If you do not agree to this license, do not post on the Site.
We may not be able to review all materials posted to the Site by users and we are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.
You agree to indemnify, defend and hold harmless Oclu and its directors, officers, employees, agents and shareholders, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of the Site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.
Governing Law and Jurisdiction.
This Agreement is entered into in the State of Arizona and is governed by the laws of the U.S. State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Arizona to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site or purchase of materials through the Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Arizona for any such action.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. Oclu shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
Oclu may terminate your authorization to use the Site at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice
Links to Other Sites
For your convenience, Oclu may provide links on the Site to websites that are not operated by Oclu, including links to websites that sell products. We do not control such web sites and are not responsible for their contents, products or operations. These links do not mean that Oclu endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. We are not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk.
No Agency/ No Third Party Beneficiary
There is no agency, partnership, joint venture, attorney-client, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.
Digital Millennium Copyright Act (DMCA) Compliance Notice.
If you believe any of the content on our Site infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”).
Oclu will process notices of alleged infringement that it receives and will take appropriate actions as required by the DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Oclu’s designated agent:
Michael B. Dvoren
3200 N. Central Ave, Suite 2000
Phoenix, Arizona 85012
To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. § 512(c)(3). Notices that do not comply with the law will be disregarded.