Not for Practitioners Providing Consultations
II. The App
The “App” means the BlueSleep website and associated mobile application (the “App”).
The App technology is licensed to third party independent licensed healthcare practitioners (including physicians) so they may connect directly with you. Healthcare practitioners rendering services in such capacity are not BlueSleep employees or contracting service providers rendering such services at the direction of, under the supervision of or otherwise on behalf of BlueSleep.
Independent Practitioners. BlueSleep is NOT a healthcare provider. All of the treating healthcare practitioners who license our technology to connect directly with you are independent professionals solely responsible for the services each provides to you. BlueSleep does not practice medicine, nursing or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by providers licensing our technology, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither BlueSleep nor any third parties who promote the App or provide you with a link or access to the App shall be liable for any professional advice you obtain from a treating practitioner.
We do not guarantee that the App will match users with practitioners qualified to treat uses in their local area of residence.
No Guaranty of Availability or Service. We are not responsible or liable for any failure, unavailability or inability of a licensee healthcare provider to be able to directly schedule with you via the App, which may because of the unavailability of a practitioner licensee in your geographic area or because of the time frame for or type of requested service. The licensed practitioners operate independently and reserve the sole right to refuse or decline to provide their services to any particular user.
Users may be required to agree to additional agreements provided by the practitioners before the practitioners will provide services.
Agreement with Practitioners. Users may be required to agree to additional agreements and complete forms provided by practitioners before they provide services to the users. We will integrate such third party practitioner agreements/forms with our App at our discretion, but are not responsible for the content thereof.
Users and practitioners may terminate a service at any time.
Terminating a Scheduled Consultation. Users and practitioners are in complete control over whether a service is completed. A user may refuse to receive services from a practitioner and a practitioner may refuse to provide services to a user, even after agreeing to perform the service via the App, in either of their sole judgments. Any payment to us, however, is non-refundable. The App is not intended to be used for any illegal purposes and BlueSleep will cooperate fully with any law enforcement investigation. Practitioners may also choose not to perform a service when a user is unwilling to sign any necessary agreements.
Practitioners may terminate a service when they do not feel safe or comfortable because of user conduct or otherwise, and the user will still be charged.
BlueSleep Does Not Provide Medical or Clinical Advice. BlueSleep and the App do not give medical or clinical advice. BlueSleep is not a healthcare practitioner and is not a medical or nursing organization, hospital, healthcare provider, or employer or contracting provider of medical or clinical professionals or services. The App may provide helpful information and functionality to assist you in clinical decision-making or to find and connect with a practitioner App technology licensee. You assume full risk and responsibility for the use of information you obtain from or through the App. Practitioners, and not BlueSleep, will be solely responsible for the services they independently provide either themselves or through their own owners, employees and/or agents. In addition, we do not recommend or endorse the credentials, quality or qualifications of any practitioners or health-related products, items, or services. BlueSleep is not responsible or liable for any referral or recommendation of a third party, product or supply made by a practitioner.
Information on the App is for Educational and Informational Purposes Only. The App provides information, not medical, clinical, legal, or psychological advice, diagnoses, or treatment. The App may provide helpful health-related information, but it is not intended to substitute for in-person professional advice, diagnoses, or treatment, or your judgment. You acknowledge that all of the information and content on the App is provided “as is” for educational and informational purposes only. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the App.
You are not a patient of BlueSleep. The advice you receive from your healthcare professional should trump any information you see on the App.
Contact 911 in case of any health emergency.
No Patient Relationship. Your use of the App does not create a patient relationship with BlueSleep. You should consult with qualified health professionals who are familiar with your individual medical needs concerning your specific medical issues. Telemedicine consults by third party practitioner licensees of our App are not a substitute for in-person examination by a qualified healthcare professional.
Never disregard professional advice or delay in seeking it because of information you read on the App.
Medical Emergency. If you think you may have a medical emergency, call your doctor or 911 immediately. The App is not intended for emergency situations.
We evaluate licensee practitioners in a commercially reasonable manner to attempt to prohibit those we do not want to use the App to connect with you. However, we are not responsible for the conduct of any practitioners who use the App technology, and provide no guaranty or assurance as to their background or experience.
We also do not screen users.
Practitioner Screening. We take steps to learn about individuals who apply to license and use the App as a practitioner. We may accept or deny such individuals from using the App as a practitioner, in our sole judgment. We are not responsible or liable for the conduct of any users of the App, including any services provided by practitioners. Email us at email@example.com to notify of us of inappropriate or illegal conduct or content you encounter on the App.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE APP OR OF PRACTITIONERS, OR OF PRACTITIONER’S QUALIFICATIONS OR BACKGROUND.
When using the App, you agree you will not cause nuisance, annoyance, inconvenience, or offense to anyone.
In certain instances, we may require you to provide proof of identity to access or use the App, and you may be denied access or use of the App if you refuse to provide proof of identity.
You agree that we may provide information about you with practitioners when you request, complete information or respond to any inquiry (including through posting mechanisms, including forms, we provide).
III. Purchases and Subscriptions
Users are required to pay fees as then-required by the App.
Fees. The App will provide mechanisms for direct payment to practitioners and, as applicable, to us. You authorize BlueSleep to initiate payment with our payment processors.
Fees are non-refundable, subject to our and the practitioner’s absolute discretion.
All payments are final.
No Refund Policy. All payments to us and to practitioners are final. BlueSleep and practitioners will not be required to refund any such fees. You may contact us at firstname.lastname@example.org with respect to any dispute of our own charges.
We use third-party payment processors. You agree to pay any fees associated with such payment processing.
We do not guarantee any particular form of payment will be available to make a payment.
Third-Party Payment Processors. BlueSleep uses third-party payment processors for electronic commerce. Our payment processors and the payment methods they accept may change without notice. Our payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit card payment methods. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may pay certain fees at our sole discretion. BlueSleep disclaims all liability with regards to any fees or problems you have with third-party payment processors including, without limitation, online merchant services.
Availability of Certain Forms of Payment. BlueSleep makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the App.
You are responsible for any taxes or fees. All transactions are in U.S. dollars.
Taxes and Fees. You are responsible for determining and paying the appropriate government taxes, fees, and charges resulting from a transaction occurring via the App. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or charges.
Third Party Fees. All third party fees (such as data usage fees charged by your internet or mobile provider) and compliance with any applicable third party terms (such as your internet App provider’s terms of services) are your sole responsibility.
U.S. Dollars. All transactions through the App are in U.S. dollars.
No part of the App is directed to persons under the age of 17. IF YOU ARE UNDER 17 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE APP AT ANY TIME OR IN ANY MANNER.
V. Your Account
You are responsible for your log-in credentials and for keeping your information accurate and private.
You are responsible for any activity resulting from the use of your log-in credentials on the App.
You represent and warrant that the information you provide to BlueSleep and practitioners upon registering with and usage of the App and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the App, you may have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the App and to preserve the confidentiality of your username and password, and safeguard any device that you use to access the App. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS OR USE OF YOUR LOG-IN CREDENTIALS OR ACCOUNT.
You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify BlueSleep by e-mail to email@example.com. You will be solely responsible for the losses incurred by BlueSleep and others due to any unauthorized use or access of your account.
BlueSleep may communicate with you by email, telephone (texting or calls), push notifications, or posting notices on the App.
You agree to receive email, telephone calls, text messages, and push notifications from us at the contact information you provided to us and using the App on your computer and as installed on your mobile device for App-related purposes (e.g., without limitation, notifying you about services, information on new products or features). If you call us by telephone, we may record the telephone call for quality and training purposes.
Text Messages. By providing us with your mobile telephone number, you consent to receive text messages at that number as requested for account verification and other administrative purposes. While we do not charge a fee for text messages, your carrier may charge standard messaging, data, and other fees. You are responsible for these charges. We may send and receive text messages through cellular telephone operators or other networks, and the level of reliability may vary. We are not responsible for the timeliness or final delivery of the message, as this is out of our control and is the responsibility of the cellular telephone operator or other networks.
Electronic Notices. By using the App or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the App. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the App or sending an email or text to you. You may have a legal right to receive this notice in writing. To receive written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
VII. BlueSleep’s Content Ownership and Use
BlueSleep owns or has rights to all of the content and software we make available through the App, but you may use it as you use the App. You may not use our logo, taglines or name without our written permission.
The contents of the App include: designs, text, graphics, images, video, information, logos, button icons, software, programming, source/computer code, templates, layouts, audio files, and other BlueSleep content regardless of form (i.e., whether video, paper, electronic or otherwise), whether tangible or intangible, or whether existing now or in the future (collectively, “BlueSleep Content”). All BlueSleep Content and the compilation (meaning the collection, arrangement, layout and assembly) of all BlueSleep Content are the property of BlueSleep or its licensors and are protected under copyright, trademark, and other laws.
BlueSleep Marks. “BlueSleep,” the BlueSleep logo, and other BlueSleep logos and product and App names and tag lines are or may be trademarks of BlueSleep (the “BlueSleep Marks”). Without our prior written permission, and except as solely enabled by any link or code as provided by us, you agree not to display, publish or use the BlueSleep Marks in any manner.
VIII. Copyright Policy; Notice of Possible Infringement
Tell us if you think a user has violated your copyright using the App, or if you think someone incorrectly reported that you violated his or her copyright.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the App infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must identify the potentially infringing material with particularity, including a screenshot or link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material.
We may terminate the accounts and/or prevent content posting of users who repeatedly infringe copyright holders’ copyrights, and may remove any content without notice. A “repeat infringer” is a user who, on more than two occasions, has been determined by us or by final order of a United States court to have infringed the copyright rights of a third party by providing infringing content through the App.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the App should be sent to Attn: Copyright Agent 65 Broadway, Suite 907, New York, NY 10006 or email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
IX. Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you, and you will have no rights whatsoever to any improvements or developments we create.
We appreciate hearing from our users and welcome your comments regarding the App. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
own, exclusively, all now known or later discovered rights arising or derived from the creative ideas;
not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation or other consideration to you or participation by you or any other person or entity.
We may own and exploit same in any manner, and you waive all rights therein.
X. Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the App or content, consultation and services available on and through the App.
Do not engage in activities using the App that are harmful or illegal.
You agree to use the App only for its intended purpose and in an authorized manner. You must use the App in compliance with all privacy, data protection, intellectual property, and other applicable laws and regulations. Without limitation, the following uses of the App are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, decompile, disable, steal from, or gain unauthorized access to the App, user accounts, or the technology and equipment supporting the App;
frame or link to the App without permission;
use data mining, robots, or other data gathering devices on or through the App;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
pose as a licensed practitioner while using the App when you are not a licensed practitioner;
disclose personal information about another person without his/her consent;
harass or abuse others, or post objectionable material;
sell, transfer, sublicense, or assign any of your rights to use the App to a third party without our express written consent;
use or access the App if you are (or are employed or engaged by) a competitor of BlueSleep, except with our prior written consent, which we may withhold in our sole discretion and without explanation;
use or access the App for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
use the App in an illegal way or to commit an illegal act in relation to the App or that otherwise results in fines, penalties, and other liability to BlueSleep or others; or
access the App from a jurisdiction where it is illegal or unauthorized.
If you do not act acceptably, we may prohibit your use of the App.
XII. BlueSleep Not Liable
We are not liable for the actions of users when they use the App or for professional services, advice and outcomes resulting from your consultation with third party practitioners. We may also change the App at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view or receive using the App. You assume all risk associated with the App, including services rendered by third party licensee practitioners. We make no promises and disclaim all warranty of specific results from the use of the App.
Changes to the App. We may change, suspend, or discontinue any aspect of the App at any time, including hours of operation or availability of the App or any feature, without notice or liability.
User Disputes with Practitioners. We are not responsible for any disputes or disagreements between you and any third party you interact with using the App, including practitioners providing consultation and services hereunder. BlueSleep will not be performing any claims adjustment services, auditing the performance of healthcare services (or the appropriateness or correctness of any charges from healthcare providers/suppliers if ever applicable), or handling any disputes among such providers/suppliers and users. You assume all risk associated with dealing with such practitioners and other third parties. You agree to resolve disputes directly with the other party. You waive and release BlueSleep from all claims, demands, and damages in disputes among users of the App and with such practitioners. You also agree not to involve us in such disputes. All fees for our own technological facilitation, software and other services are NON-REFUNDABLE. Use caution and common sense when using the App.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any content of the App. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third party or the quality or nature of third party products or services obtained through the App. We further make no representations or warranties about maintaining the integrity of data, content and information you post via the App. Use the App at your own risk.
Third-Party Websites and Applications. The App may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, services or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Third-Party Functionality. The App may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
A. Disclaimer of Warranties
You use the App at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE App AND ANY SERVICES OR PRODUCTS OR OTHER ITEMS AND INFORMATION MADE AVAILABLE ON OR THROUGH THE App including healthcare services and supplies IS AT YOUR SOLE RISK, AND THE App AND ANY SUCH SERVICES, PRODUCTS, ITEMS AND INFORMATION AVAILABLE ON OR THROUGH THE App ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS, SERVICES, INFORMATION OR ITEMS OFFERED BY THE RELEASED PARTIES OR THIRD PARTIES ON OR THROUGH THE App, IMPLIED OR EXPRESS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE App OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER ITEMS MADE AVAILABLE ON OR THROUGH THE App WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS or will have any specific results, (ii) THE App WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (including as to any risk of corruption or deletion of any data or information you provide using the app), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE App WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE App or data/information (including that provided by you) WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE App IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
Released Parties Defined. “Released Parties” include BlueSleep and its affiliates (including, without limitation, parents and subsidiaries) and their respective owners, officers, directors, managers, employees, agents, partners, licensors, licensees and successors.
We are not liable for anything that happens to you involving the App including arising from healthcare services and consultation rendered by third party licensee practitioners. If you use the App in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for Released Parties, including those incurred in the proceeding, leading up to the proceeding and for collection on any judgment.
YOU SPECIFICALLY ACKNOWLEDGE THAT BLUESLEEP SHALL NOT BE LIABLE FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY INCLUDING PRACTITIONERS PROVIDING TELEMEDICINE/TELEHEALTH CONSULTATION AND THAT THE RISK OF HARM, INJURY, OR DEATH OR OTHER DAMAGE FROM SERVICES RENDERED BY ANY THIRD PARTY (EVEN IF MARKETED OR LINKED TO OR FACILITATED VIA OUR APP) IS SOLELY YOUR OWN.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR APP OR ANY HEALTHCARE PRACTITIONER, AND THE RELEASED PARTIES ARE NOT LIABLE FOR ANY LOSS, CLAIM, INJURY, DEATH OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE APP. BY USING THE APP YOU THEREBY RELEASE THE RELEASED PARTIES FROM ANY LIABILITY RELATED TO ANY USE OF OUR APP OR THE CONDUCT, MALPRACTICE OR MISCONDUCT OF A USER OR PRACTITIONER.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE App OR YOUR USE OF CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITATION OF THE FOREGOING AND EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APP AND COMMUNICATIONS THROUGH OR VIA THE APP, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS APP OR PERSONS YOU MEET THROUGH THE APP INCLUDING PRACTITIONERS. YOU ASSUME SOLE RISK OF SAME. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE APP. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND PRACTITIONERS AND IN CONNECTION WITH USING THE APP, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH PRACTITIONER SERVICES AND CONDUCT. YOU WILL NOT HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES, PRODUCTS, INFORMATION OR OTHER ITEMS DELIVERED WHICH ORIGINATED THROUGH OR VIA THE APP AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES THAT ARISE OR ARE RELATED IN ANY WAY TO THE APP, THE INFORMATION PROVIDED THROUGH THE APP AND THE ITEMS/SERVICES/CONTENT/ FUNCTIONALITY PROVIDED BY OR TO ANY USER OF THE APP.
BLUESLEEP DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY PRACTITIONERS.
XIII. General Terms
XIV. Dispute Resolution
Mandatory arbitration. Please read this carefully. It affects user’s rights. You and BlueSleep and each of our legal representatives, heirs, estates, successors, and permitted assigns agree to arbitration (except for matters that may be taken to small claims court), as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to this agreement. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Please visit www.adr.org for more information about arbitration. No arbitration is required for equitable relief sought by us.
Commencing arbitration. A party seeking arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “notice”), or, in the absence of a mailing address provided by user, to user via any other method available to user, including via email and text message. The notice to BlueSleep should be addressed to firstname.lastname@example.org with a copy to 65 Broadway, Suite 907, New York, NY 10006, Attn: Chief Executive Officer. The notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (the “demand”). If the claim is not resolved within 30 days after the notice is received, then user or BlueSleep may commence an arbitration proceeding as set forth below or file a claim in small claims court. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes (the “rules”), as modified by this agreement. The rules and AAA forms are available at www.adr.org.
Arbitration proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in New York County, New York will be appointed pursuant to the rules, as modified herein. The following rules will apply: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No class actions. User may bring claims (including actions in equity) against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, the arbitrator may not consolidate proceedings brought by user with more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific provision is found to be unenforceable, then this entire mandatory arbitration section will be null and void at BlueSleep’ option.
Equitable relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which BlueSleep seeks equitable relief of any kind, which are cumulative and not exclusive of other rights and remedies at law and in equity and which will not require the posting of bond, and notwithstanding anything herein to the contrary whatsoever, BlueSleep may seek equitable relief and associated remedies at law in any jurisdiction and venue in which such relief is desired.
Claims. Notwithstanding any other rights a party may have under law or equity, any cause of action a user may have arising out of or related to this agreement must commence within one (1) year after the cause of action accrues. Otherwise, the cause of action is permanently barred.
Improperly filed claims. All claims user brings against BlueSleep must be resolved in accordance with this section. All claims filed or brought contrary to this section will be considered improperly filed. Should user file a claim contrary to this section, BlueSleep may recover attorneys’ fees and costs up to $5,000, provided that BlueSleep has notified user in writing of the improperly filed claim, and user has failed to promptly withdraw the claim.
Enforceability. If the arbitration provisions of this section or the entirety of this section (excluding this paragraph) is found to be unenforceable, then, at BlueSleep’ sole option, the entirety of this section will be null and void (excluding this paragraph) and, in which case, the exclusive jurisdiction and venue of New York County in the State of New York will govern any action arising out of or related to this agreement other than equitable action and associated remedies at law sought by BlueSleep. Any other provisions of this agreement which are invalid in their entirety are severable.
XV. Governing Law; Choice of Forum.
This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to BlueSleep information, services and products or other products is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. BlueSleep makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. BlueSleep reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website is void where prohibited.
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Effective Date: November 15, 2017
Last Updated Date: November 15, 2017