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Welcome to A Dry Nights Sleep
The goal of this web site is to provide access to the best assortment of wicking sleepwear and accessories to the largest group of night sweats, hot flash and menopausal sufferers as possible. To insure a safe, non-offensive environment for all of our users, we have established our Terms of Use. It spells out what you can expect from us and what we expect from you. By accessing any areas of A Dry Nights Sleep, users ("Users") agree to be legally bound and to abide by the terms set forth below. The “Company” as referred to in this section is A Dry Nights Sleep, its parent company Fun Kitty, Inc. and all of its affiliate companies.
I. TRADEMARKS
A Dry Nights Sleepsm and ADryNightsSleep.comsm are all service marks of the Company. All rights reserved. These and
other A Dry Nights Sleep graphics, logos and service marks and trademarks of A Dry Nights Sleep and its affiliates
may not be used without prior written consent of the Company. All other trademarks, product names, and company names
and logos appearing on A Dry Nights Sleep are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of A Dry Nights Sleep is at User's sole risk. Neither A Dry Nights Sleep, nor its
affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants,
sponsors, licensors (collectively, "Providers"), or the like, warrant that A Dry Nights Sleep will be uninterrupted
or error-free; nor do they make any warranty as to the results that may be obtained from the use of A Dry Nights
Sleep, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided
through A Dry Nights Sleep.
THIS SITE IS PROVIDED BY A Dry Nights Sleep ON AN "AS IS" AND "AS AVAILABLE" BASIS. A Dry Nights Sleep MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, A Dry
Nights Sleep DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A Dry Nights Sleep WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND
CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY A Dry Nights Sleep NOR ITS AFFILIATES, NOR ANY
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER
RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall A Dry Nights Sleep or any other party involved in creating, producing, or distributing
A Dry Nights Sleep be liable for any direct, indirect, incidental, special, or consequential damages that result
from the use of or inability to use A Dry Nights Sleep, including but not limited to reliance by a User on any
information obtained from A Dry Nights Sleep or that result from mistakes, omissions, interruptions, deletion of
files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to A
Dry Nights Sleep's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all
content, merchandise, and services available through A Dry Nights Sleep. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to
the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that A Dry Nights Sleep contains information, data, software, photographs, graphs, videos,
typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms,
media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under
the U.S. copyright laws, and A Dry Nights Sleep owns a copyright in the selection, coordination, arrangement, and
enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in
the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in
part.
b. SINGLE COPY LICENSE
Subject to all provisions herein, you may make one copy, by either downloading or copying, text, photographs,
images, video, and audio contained in this site on a single computer for your personal, non-commercial use only.
However, any use of A Dry Nights Sleep, including the downloading or copying of our materials from this Web site for
your personal use, will indicate your consent and agreement to the terms stated in this notice. No right, title or
interest in our material downloaded or copied from this Web site is conveyed to you as a result of any such
downloading or copying, and such downloaded or copied material may not be used for any commercial purpose. This is a
license, not a transfer of title to our material, and such license is subject to the following restrictions:
you may not reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from, sell,
rent, or otherwise exploit this site or any of its contents without our prior written permission;
you may not post, upload, display or otherwise transmit our materials to another Web site, including but not limited
to, any personal or commercial Web sites; and you agree to prevent any unauthorized copying of our materials.
If no specific restrictions are displayed, Users may make one copy of select portions of the Content, provided that
the one copy is made only for User's personal use and that User maintains any notices contained in the Content,
such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C.
Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or
other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In
addition to the foregoing, use of any software Content shall be governed by the software license agreement
accompanying such software.
c. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on A Dry Nights Sleep only
Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given express authorization for distribution on the World Wide Web.
Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a
phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or
distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting
from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
Neither A Dry Nights Sleep, nor its affiliates, nor any of their officers, directors, employees, agents, Providers,
or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or
from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act,
Users and other persons can report infringement to customerservice@A Dry Nights Sleep. By submitting Content to any
User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted A Dry
Nights Sleep the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish,
translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in
other works in any form, media, or technology now known or hereafter developed for the full term of any copyright
that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that
User's personal use. Subject to this grant, the owner of Content placed on A Dry Nights Sleep retains any and all
rights that may exist in such Content.
d. THIRD-PARTY CONTENT
A Dry Nights Sleep is a distributor and not a publisher of Content supplied by third parties and Users. A Dry Nights
Sleep has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice,
statements, services, offers, or other information that constitutes part of Content expressed or made available by
third parties, including Providers or any other User of A Dry Nights Sleep, are those of the respective authors or
distributors and not of A Dry Nights Sleep or its affiliates or any of their officers, directors, employees, or
agents. Neither A Dry Nights Sleep nor its affiliates, nor any of their officers, directors, employees, or agents,
nor any third party, including any Provider, or any other User of A Dry Nights Sleep, guarantees the accuracy,
completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many
instances, the Content available through A Dry Nights Sleep represents the opinions and judgments of the respective
Provider, or User not under contract with A Dry Nights Sleep. A Dry Nights Sleep neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice, or statement made on A Dry Nights Sleep by anyone other than
authorized A Dry Nights Sleep employees. Under no circumstances shall A Dry Nights Sleep, or its affiliates, or any
of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's
reliance on information obtained through A Dry Nights Sleep. It is the responsibility of User to evaluate the
information, opinion, advice, or other Content available through A Dry Nights Sleep.
e. EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This
includes the electronic transmission of information and software to foreign countries and to certain foreign
nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export
Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any
Content derived from A Dry Nights Sleep to either a foreign national or a foreign destination in violation of such
laws.
f. LINKS
A Dry Nights Sleep is not responsible for the availability of external sites or resources linked to this site, and
does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or
available from such sites or resources. A Dry Nights Sleep shall not be responsible or liable, directly or
indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods, or services available on or through any such site or resource.
g. IMPORTANT NOTICE TO WEBMASTERS
Regarding the use of trademarked names in metatags and/or hidden text, A Dry Nights Sleep has a no-tolerance policy.
The use of trademarked names in metatag keywords is trademark infringement, and the use of trademarked terms in page
text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair
competition. Linking to any A Dry Nights Sleep web page is prohibited absent express written permission from A Dry
Nights Sleep. Framing the A Dry Nights Sleep web site with links, advertisements and/or other information not
originating from the A Dry Nights Sleep web site is expressly prohibited.
IV. ONLINE CONDUCT
User agrees to use A Dry Nights Sleep only for lawful purposes. User is prohibited from posting on or transmitting
through A Dry Nights Sleep any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If A Dry Nights Sleep is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content
provided by User, A Dry Nights Sleep may investigate the allegation and determine in its sole discretion whether to
remove or request the removal of such Content from A Dry Nights Sleep. A Dry Nights Sleep may disclose any Content
or electronic communication of any kind to satisfy any law, regulation, or government request; if such disclosure
is necessary or appropriate to operate A Dry Nights Sleep; or to protect the rights or property of A Dry Nights
Sleep, its Users or Providers. A Dry Nights Sleep reserves the right to prohibit conduct, communication, or Content
that it deems in its sole discretion to be harmful to individual Users, A Dry Nights Sleep, the communities that
make up A Dry Nights Sleep, or any rights of A Dry Nights Sleep or any third party, or to violate any applicable
law. Notwithstanding the foregoing, neither A Dry Nights Sleep nor its Providers can ensure prompt removal of
questionable Content after online posting. Accordingly, neither A Dry Nights Sleep, nor its affiliates, nor any of
their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction
with respect to conduct, communication, or Content on A Dry Nights Sleep.
V. PRIVACY POLICY
In accordance with the terms of A Dry Nights Sleep's Privacy Policy A Dry Nights Sleep respects the privacy of its
Users.
VI. TERMINATION OF USAGE
A Dry Nights Sleep may terminate User's access, or suspend any User's access to all or part of A Dry Nights Sleep,
without notice, for any conduct that A Dry Nights Sleep, in its sole discretion, believes is in violation of any
applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or A Dry
Nights Sleep.
VII. USAGE BY MINORS
A Dry Nights Sleep cannot prohibit minors from visiting this site. A Dry Nights Sleep must rely on parents,
guardians and those responsible for supervising minors to decide which materials are appropriate for such children
to view. A Dry Nights Sleep requires that all purchases be made by an adult. EACH TIME YOU PURCHASE A PRODUCT AT A
Dry Nights Sleep, YOU ARE REPRESENTING TO A Dry Nights Sleep THAT YOU ARE AN ADULT.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of
Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting
the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any
jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire
understanding between you and A Dry Nights Sleep regarding your relationship with A Dry Nights Sleep and supersedes
any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the A Dry Nights Sleep
web site. The aforementioned Terms of Use are subject to change.
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