TERMS AND CONDITIONS
Agreement between User and www.everrestsleepco.com
Welcome to www.everrestsleepco.com. The www.everrestsleepco.com website (the “Site”) is comprised of various web pages operated by EverRest Sleep Consulting (“EverRest Sleep Co”). www.everrestsleepco.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.everrestsleepco.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.everrestsleepco.com is an E-Commerce Site.
The purpose of our website is to support families with improving their child’s sleep (the “Services”).
No medical advice
The Services provided by EverRest Sleep Co are for informational and educational purposes only. EverRest Sleep Co is not a licensed physician or other medical provider and does not offer medical advice. Your use of the Services does not establish a doctor/physician-patient relationship, and the Services are not a substitute for seeking medical advice. The Services provided by EverRest Sleep Co have not been evaluated by the Food and Drug Administration and are not intended to treat, diagnose, cure or prevent any disease. All information contained on this site is intended for educational and informational purposes only. This information is not to be taken as medical or other health advice pertaining to a specific health or medical condition. You should always seek the advice of a qualified medical professional before implementing any of the suggestions offered through the Services. For medical advice, contact your doctor or a qualified medical professional. In the case of a medical emergency, immediately call 911.
No representations or warranties
EverRest Sleep Co makes no promises, guarantees, representations or warranties, express or implied, about the Services, including but not limited to any promise, guarantee, representation or warranty about the accuracy and completeness of the Services or regarding any outcome or result following your use of the Services. EverRest Sleep Co is not liable or responsible for any errors or omissions in the Services. This web site and all content it contains and Services offered are provided “AS IS.” Neither EverRest Sleep Co nor its employees, agents, shareholders, officers or directors are liable or responsible for your use of or reliance on the Services or for any claims, losses or damages (including but not limited to tort claims, breach of contract claims and negligence claims) that arise or result from the Services or from your use or non-use of the Services. If, notwithstanding the foregoing, EverRest Sleep Co or its employees, agents, shareholders, officers or directors is held liable to you for any claim, loss or damage, such liability shall be limited to the amount paid by you to EverRest Sleep Co as consideration for the Services.
Permitted uses
The Services are offered and provided for your personal use only. You may use the Services only for non-commercial purposes. You may not sell, use, distribute or reproduce the Services, or any part thereof, for any commercial purpose. The Services and all intellectual property rights in and to the contents of the Services are the intellectual property of EverRest Sleep Co or its affiliates or are being used with permission by EverRest Sleep Co. Your license to use the contents of the Services is limited and may be terminated at any time. You may not modify the Services, or any part thereof, or include the Services, or any part thereof, in another work (printed, electronic or otherwise).
Privacy and Confidentiality
Your use of www.everrestsleepco.com is subject to the EverRest Sleep Co Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. EverRest Sleep Co does not sell or share information about its visitors and clients to any third party. Information provided by you to EverRest Sleep Co will be maintained in confidence and not shared with any third party without your written consent. Your use of this site may be tracked or monitored (which may include the use of cookies, beacons or similar technologies), and any such information will be used by EverRest Sleep Co only for statistical and demographic purposes.
Forums
EverRest Sleep Co may make available to users of this web site, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive facilities by means of this web Site (collectively, the “Forums”). EverRest Sleep Co cannot review all communications made on or through the web site. EverRest Sleep Co reserves the right, but has no obligation, to monitor the Forums and to edit, modify or delete any material which EverRest Sleep Co in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any EverRest Sleep Co policy.
Acceptable Conduct
You agree not to post any threatening or defamatory content on the web site that invades privacy, is obscene, excessively violent, discriminatory, pornographic, abusive, or violates any law or advocates illegal activity. EverRest Sleep Co will fully cooperate with any law enforcement authorities or court order requesting or directing EverRest Sleep Co to disclose the identity of user of the web site and you consent to such disclosure. You agree not to damage, disable, attack, deface, or attempt unauthorized access to this web site or server, or a third party web site or server. You agree not to transmit or post submissions to the Web Site or other users in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), without the prior written consent of EverRest Sleep Co.

License for User Content
Certain Services offered through this web site accommodate or require user-supplied information, files or communication (“User Content”). Depending upon the nature of the Service, by submitting User Content to this web site you grant EverRest Sleep Co an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content for the purpose of delivering any Services or products, and you also agree that EverRest Sleep Co is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Web Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of EverRest Sleep Co or others.
Electronic Communications
Visiting www.everrestsleepco.com or sending emails to EverRest Sleep Co constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EverRest Sleep Co is not responsible for third party access to your account that results from theft or misappropriation of your account. EverRest Sleep Co and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Links to Third Party Sites/Third Party Services
www.everrestsleepco.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of EverRest Sleep Co and EverRest Sleep Co is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EverRest Sleep Co is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EverRest Sleep Co of the site or any association with its operators.
Certain services made available via www.everrestsleepco.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the www.everrestsleepco.com domain, you hereby acknowledge and consent that EverRest Sleep Co may share such information and data with any third party with whom EverRest Sleep Co has a contractual relationship to provide the requested product, service or functionality on behalf of www.everrestsleepco.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.everrestsleepco.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to EverRest Sleep Co that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EverRest Sleep Co or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EverRest Sleep Co content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EverRest Sleep Co and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EverRest Sleep Co or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by EverRest Sleep Co from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use EverRest Sleep Co Content accessed through www.everrestsleepco.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless EverRest Sleep Co, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EverRest Sleep Co reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EverRest Sleep Co in asserting any available defenses.
Changes to Terms
EverRest Sleep Co reserves the right, in its sole discretion, to change the Terms under which www.everrestsleepco.com is offered. The most current version of the Terms will supersede all previous versions. EverRest Sleep Co encourages you to periodically review the Terms to stay informed of our updates.