Terms of Use

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.  If you do not agree to these terms and conditions, please do not use this site.  Clayton Sleep Institute may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on Clayton Sleep Institute’s website.  You agree to review these terms and conditions periodically to be aware of such modifications, and your accessing or using this website constitutes your acceptance of these terms and conditions as they appear at the time of your access or use.

Disclaimer:  No advice

The content, products and services offered herein are here to educate consumers on health care and medical issues that may affect their daily lives.  Nothing in the content, products or services should be considered, or used as a substitute for, medical advice, diagnosis or treatment.  This site and its services do not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment.  You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs.  None of the products or services offered through this website represents or warrants that any particular service or product is safe, appropriate or effective for you.  We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.  If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately.  If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.

Limitation of warranties

The medical information on this website is provided “as is” without any representations or warranties, express or implied. Clayton Sleep Institute makes no representations or warranties in relation to the medical information on this website.

Without prejudice to the generality of the foregoing paragraph, Clayton Sleep Institute does not warrant that:

  • the medical information on this website will be constantly available, or available at all; or
  • the medical information on this website is complete, true, accurate, up-to-date, or non-misleading.

Professional assistance

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.

If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider.

If you think you may be suffering from any medical condition you should seek immediate medical attention.

You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.

Liability

Nothing in this medical disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

Further Disclaimers of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SLEEPUPDATES WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLAYTON SLEEP INSTITUTE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CLAYTON SLEEP INSTITUTE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE CLAYTON SLEEP INSTITUTE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CLAYTON SLEEP INSTITUTE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SLEEPUPDATES WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SLEEPUPDATES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLAYTON SLEEP INSTITUTE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CLAYTON SLEEP INSTITUTE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SLEEPUPDATES WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CLAYTON SLEEP INSTITUTE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SLEEPUPDATES WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLAYTON SLEEP INSTITUTE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SLEEPUPDATES WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CLAYTON SLEEP INSTITUTE WEB SITE.

Email Opt-in Policy

You may choose to use forms or to opt into emails from Clayton Sleep Institute or its staff that are associated with this site.  You may unsubscribe at any time by clicking on the “unsubscribe” link at the bottom of any email sent.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Clayton Sleep Institute.  The collective work includes works that are licensed to Clayton Sleep Institute.  Copyright 2011, Clayton Sleep Institute, ALL RIGHTS RESERVED.  Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of individual use.  Any other use, including but not limited to the reproduction, distribution, display, transmission of the content of this site is strictly prohibited, unless otherwise authorized by Clayton Sleep Institute.  You further agree not to change or delete any proprietary notices from materials downloaded from this site.

Trademarks

All trademarks, service marks and trade names of Clayton Sleep Institute used in this site are trademarks or registered trademarks of Clayton Sleep Institute.

Limitation of Liability

THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL CLAYTON SLEEP INSTITUTE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICE.  USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Termination

These terms and conditions are applicable to you upon your accessing this site and/or completing any forms or providing any information.  These terms and conditions, or any part of them, may be terminated by Clayton Sleep Institute without notice at any time, for any reason.  The provisions relation to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.

Notice

Clayton Sleep Institute may deliver notice to you by email, a general notice on the site or by other reliable means to the address you have provided to Clayton Sleep Institute.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Missouri, U.S.A., without regard to choice of law provisions.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in St. Louis County, Missouri.  Any cause of action or claim you may have with respect to the site must be commenced within one year after the claim or cause of action arises.  Clayton Sleep Institute’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  Neither course of conduct between the parties nor trade practices shall act to modify any of these terms and conditions.  Clayton Sleep Institute may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language is strictly forbidden.  Impersonation of others, including a Clayton Sleep Institute or other licensed employee, host or representative, as well as other member or visitors to the site is prohibited.  You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.  You may not upload commercial content on the site or use the site to solicit others to join or become members of any commercial online service or organization.

Participation Disclaimer

Clayton Sleep Institute does not and cannot review all communications materials that may be posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Clayton Sleep Institute is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.  However, Clayton Sleep Institute reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Clayton Sleep Institute in its sole discretion.

Indemnification

You agree to indemnify, defend and hold harmless Clayton Sleep Institute, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs including reasonable attorneys’ fees, resulting from a violation of these terms and conditions or any activity related to your use of this site, including negligent and wrongful conduct, by you.

Third Party Links

The Site contains links to other sites operated by third parties, including but not limited to third party sites that may display the Clayton Sleep Institute trademarks (“Third Party Site,” “Third Party Sites”).  These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.

Clayton Sleep Institute does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content.  A link to a Third Party Site on the Clayton Sleep Institute Site does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site.  Clayton Sleep Institute makes no representation or warranty as to any products or services offered on any Third Party Site.  The conditions of use and privacy policy of any Third Party Site may differ substantially from the conditions of use and legal notices that apply to your use of this site.  Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.