BedtimeNetwork Privacy Statement
1. Collection of Personal Information from Site Visitors
It is important for us to gather information on how our site is used: How much time do users spend on our site? What sites did they come from? What sites do they go to once they've exited the BedtimeNetwork? With that in mind, BedtimeNetwork may collect or track: (a) the home server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site; (b) the e-mail addresses of visitors that communicate with BedtimeNetwork via e-mail; (c) information knowingly provided by the visitor in online forms, registration or membership forms, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data);and (d) aggregate and user-specific information regarding which pages a user accesses.
BedtimeNetwork may place Internet "cookies" on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many websites frequently send to your web browser to be stored on your computer's hard drive in order to save data about you, such as your name, password, user-name, screen preferences, and the pages of a website you have viewed. When you revisit the Site, BedtimeNetwork may recognize you by your Internet cookies and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser software, if available.
BedtimeNetwork may use Google Analytics or a similar service to gather, store, and track certain information related to your visit to and activity on the Site.
When a visitor performs a search within the Site, BedtimeNetwork may record information identifying the visitor or linking the visitor to the search performed and recording information related to the search request.
The collection, use, and disclosure of information contemplated in this Privacy Statement may involve a transfer of the information to jurisdictions located outside your country of residence that may not have equivalent laws and rules regarding personally identifiable information.
2. Use of Personal Information Collected
Personal information collected by BedtimeNetwork may be used by BedtimeNetwork for many reasons, for example, for record keeping, editorial and feedback purposes, marketing and promotional purposes, statistical analysis of users' behavior, product development, content improvement, or to customize the content and layout of the Site. Aggregate data on visitors' home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to BedtimeNetwork may be added to BedtimeNetwork's databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.
3. Disclosure of Personal Information to Third Parties
Except as provided herein, individually identifying personal information provided through the Site will not be sold or otherwise disclosed to third parties not affiliated with BedtimeNetwork.
Identifiable and non-identifiable visitor information and data may be disclosed or distributed to another party with which BedtimeNetwork enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by BedtimeNetwork in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of BedtimeNetwork or any other person or entity. Identifiable and non-identifiable visitor information and data which visitors provide to BedtimeNetwork may also be provided to third parties that contract with BedtimeNetwork to provide certain services including but not limited to credit card processing, shipping, and data management, and to provide products, information or other services that BedtimeNetwork believes that visitors may be interested in obtaining.
While BedtimeNetwork may undertake efforts to see that any third party to which BedtimeNetwork discloses personal information is under an obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which BedtimeNetwork exercises no control. BedtimeNetwork is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
4. Links to Other Sites
The Site may also contain links to third party websites, which are not subject to this Privacy Statement. It is possible that these links may be used by third parties or others to collect personal or other information about you. BedtimeNetwork is not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. Please review and make sure you understand the privacy practices and policies of these other websites, advertisers and any third parties.
5. Security Measures
BedtimeNetwork has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite BedtimeNetwork's efforts to protect your personal information, there is always a risk that an unauthorized third party may circumvent such procedures or that transmissions of your information over the Internet may be intercepted. The confidentiality of any communication or material transmitted to or from BedtimeNetwork via this Site or via e-mail cannot be and is not guaranteed. Accordingly, BedtimeNetwork is not responsible for the security of information transmitted via the Internet. Instead of communicating with BedtimeNetwork via e-mail or the Internet, visitors can contact BedtimeNetwork by telephone at (914) 238 8000.
6. Opt-Out Right; Third Party Advertising
Except as necessary for BedtimeNetwork to provide the products, services, or information, requested by a registered user, the registered user may opt out of having his or her personally identifiable information, which has been voluntarily provided to BedtimeNetwork through an account registration or information subscription, prospectively retained by BedtimeNetwork, used by BedtimeNetwork for secondary purposes, or disclosed by BedtimeNetwork to third parties by updating your profile preferences on the Site. (This does not apply to collection of the type of Web browser of the visitor to the Site or to non-identifiable visitor information provided or collected.)
7. Privacy of Children
The Site is not intended for children under the age of 13. It does not knowingly collect personal information online from visitors in this age group. All users must be at least 18 years of age in order to use the Site.
8. Access to and Ability to Correct Personal Information
Upon your request via postal mail, e-mail, or telephone, BedtimeNetwork will provide you with a summary of any personal information retained by BedtimeNetwork that has been voluntarily provided by you to BedtimeNetwork through online forms, registration forms, surveys, e-mail, or another online avenue. You may modify, correct, change or update your personal information by contacting BedtimeNetwork via postal mail, e-mail, or telephone at the addresses below or number above.
9. Right to Change Privacy Statement
BedtimeNetwork reserves the right at any time to modify, alter or update this Privacy Statement. Your use of the Site following any changes means that you agree to follow and be bound by the terms then in place. It is the obligation of users visiting the Site before the change to learn of changes to this Privacy Statement since their last visit. If BedtimeNetwork terminates your access, all provisions necessary for BedtimeNetwork to enforce its rights hereunder shall survive termination.
10. Your California Privacy Rights
Updated: September 6, 2011
1. Permitted Uses of Site Material; Site is for Informational Purposes Only
We welcome the accessing, viewing, or using of the content, materials, or services available on or through this Site for personal use in accordance with these Terms. Do not use the Site or Site Material (as defined below) for your commercial purposes without our written consent.
Keep in mind that the Site is for informational purposes only. No information, services, or materials offered by or through BedtimeNetwork shall be construed as or understood to be medical advice or care, or any form of evaluation, examination, advice, consultation, diagnosis, or treatment. None of the information on this site shall be used to diagnose or treat any health problem or disease. Content on this Site is to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional advice. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Should you have a medical condition, you are advised to promptly see a medical professional. Emergency questions and crisis situations (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g., in the U.S., call 911). The site is not the appropriate venue to deal with such situations.
Communications on this site do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this site are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
2. Proprietary Rights
As between any user and BedtimeNetwork, BedtimeNetwork owns or licenses all images, trademarks, data, and software on the Site ("Site Material"), as well as the selection and arrangement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You may print and download portions of material from the different areas of the Site solely for your own internal, private use, provided you do not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. Do not modify the Site Materials or use them for any other purpose. If you do, you will be violating BedtimeNetwork's intellectual property rights.
3. Unauthorized Activities
You agree that you will not use the Site for: (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with BedtimeNetwork; or (c) attempting to gain unauthorized access to BedtimeNetwork's computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to BedtimeNetwork and that in the event of such unauthorized use, BedtimeNetwork shall be entitled to an injunction in addition to any other remedies available at law or in equity.
4. Sleep with Us - Ideas and Materials Submitted to the Site
We're always looking for new bedfellows. If you've got ideas for creative alliances or partnerships, let us know. Bring the world of Bedtime into your company by hosting a corporate slumber party. If you'd like Cindy, Lisa or one of the coaches to help you create a unique event, please contact us.
However, because we are always creating and actively growing ourselves, please be aware that any new product, advertising, marketing or packaging ideas, concepts or improvements ("Ideas") that you provide to BedtimeNetwork will be considered non-proprietary and non-confidential, and shall become the exclusive property of BedtimeNetwork, which may or may not use the Ideas for any purpose. The marketing staff of BedtimeNetwork and its consultants may very well be considering an identical or similar Idea. The purpose of this policy is to avoid confusion about the ownership of new concepts and ideas.
We welcome comments about our Site, and the Site may allow you to contribute content, files, graphics, messages, and other materials and information for access, use, and commentary by other users to the Site ("User Content"). For the avoidance of doubt, Ideas shall not be User Content. Upon your submission of User Content or other material or information to BedtimeNetwork, you grant BedtimeNetwork a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever.
5. Third Party Web Sites and Content
Parties other than BedtimeNetwork may provide content on the Site. Additionally, the Site contains links to other websites for the convenience of users. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. BedtimeNetwork does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties' websites is at your own risk, and subject to the terms and conditions of such other websites.
6. Payment and Delivery
The Site allows users to make purchases through the Site. By purchasing products from BedtimeNetwork, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. In order to fulfill purchases, BedtimeNetwork uses the services of third parties, including payment processors and similar vendor services. In any event, BedtimeNetwork expressly disclaims any responsibility for or related to: (a) the services provided by any such third party and (b) the transactions you conduct or enter into with any such third party. If for any reason BedtimeNetwork does not receive payment for a purchase, BedtimeNetwork may exercise its rights in law and equity, including: (x) immediately suspending or terminating your account; (y) seeking collection of the outstanding amount owed; and/or (z) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site, including sales, use or excise taxes. Prices may vary. To the extent that BedtimeNetwork is obligated to collect such taxes, the applicable tax will be added to your account.
All of the products listed for sale on the Site are limited to deliveries within the continental United States.
7. Privacy Statement
Any personal information that you provide to BedtimeNetwork on the Site is subject to its Privacy Statement. For more information, see the Privacy Statement above, which is incorporated into these Terms by reference, as if set forth fully herein. You may also contact BedtimeNetwork by regular mail at Bedtime Network, LLC, 250 Hamilton Road, Chappaqua, New York 10514 or by fax at (212) 217 2932.
BedtimeNetwork, its subsidiaries, consultants, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within the Site. BedtimeNetwork reserves the right to immediately remove or change any Site Material or User Content for any reason or for no reason.
THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
BEDTIMENETWORK AND ITS CONSULTANTS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
BEDTIMENETWORK AND ITS CONSULTANTS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR BEDTIMENETWORK HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BEDTIMENETWORK AND ITS CONSULTANTS AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE AMOUNT PAID BY YOU TO BEDTIMENETWORK FOR PRODUCTS PURCHASED THROUGH THE SITE DURING THE PRECEDING THREE MONTHS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BEDTIMENETWORK AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS (id="mce_marker"0) AND SHALL OTHERWISE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. If you are dissatisfied with the Site, or with any of these Terms, or feel BedtimeNetwork has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You agree to indemnify and hold BedtimeNetwork harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of the Terms or your violation of any law or the rights of a third party.
11. Third Party Rights
The provisions regarding use of the Site are for the benefit of BedtimeNetwork and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities may be afforded by BedtimeNetwork the right to assert and enforce those provisions directly against you on its own behalf.
12. Internet Security
Please be advised that we do not guarantee that any information sent from the Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to BedtimeNetwork via the Site or the Internet, including, for example, personal information such as your name, address, or credit card information.
13. Complaint Procedures
14. Changes to These Terms
BedtimeNetwork reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms then in place. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. If BedtimeNetwork terminates your access, all provisions necessary for BedtimeNetwork to enforce its rights hereunder shall survive termination.
15. Governing Law and Jurisdiction
These Terms represent the entire agreement between you and BedtimeNetwork with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, content, or materials on the Site, you consent and agree to: (a) the exclusive jurisdiction of the federal and state courts located in New York; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
If you choose to access the Site from locations outside the United States, you do so on your own volition and you are responsible for compliance with applicable laws. The waiver or failure of BedtimeNetwork to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. BedtimeNetwork may assign its rights and duties under these Terms to any party at any time without notice to you.
Updated: September 6, 2011
Copyright © 2011 BedtimeNetwork LLC; All rights reserved.
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