5.1.2020
Terms of Use 

CXR Strategies, LLC DBA SleepSanity and its affiliates, subsidiaries and parent companies (collectively, “SleepSanity”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, applications, content, products, goods, services, promotions, software,
technology and any other materials (collectively, “SleepSanity Services”) that
we provide. This Site is offered and available to Users who are eighteen (18)
years of age or older. The SleepSanity products are not intended for anyone
under the age of 18. 

1. Contract between You and SleepSanity; Privacy Policy These Terms and Conditions of Use (“Terms”) and our Privacy Policy (available here) form a legally binding agreement between you and SleepSanity, and govern your access and use, and our provision of, the SleepSanity Services and any other technology, items or other materials on which these Terms are posted. BY CCESSING OR USING ANY SLEEPSANITY WEBSITE, PRODUCT OR SERVICE, YOU AGREE TO BE BOUND AND BIDE BY THESE TERMS, OUR RIVACY POLICY AND ANY AMENDMENTS THERETO, AND OU AGREE YOU ARE AT LEAST 8 YEARS OF AGE. PLEASE READ THESE TERMS AREFULLY BEFORE PLACING IN ORDER ONLINE OR OVER THE TELEPHONE, OR OTHERWISE USING THIS WEBSITE OR USING ANY SLEEPSANITY PRODUCT OR SERVICE, ESPECIALLY SINCE THESE TERMS MAY AFFECT YOUR LEGAL RIGHTS, SUCH AS REQUIRING BINDING INDIVIDUAL ARBITRATION, AND LIMITING YOUR RIGHT TO BRING A LAWSUIT OR CLASS ACTION – SEE SECTION 9 BELOW FOR RESOLUTION OF DISPUTES BETWEEN YOU AND SLEEPSANITY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF THE SLEEPSANITY WEBSITE, DO NOT ORDER, AND DO NOT USE ANY COMPANY PRODUCT OR SERVICE.

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2. Changes to These
Terms 

We may in our sole and absolute discretion
change these Terms or our Privacy Policy from time to time to comply with laws
or to meet our changing business requirements. These revisions shall be
effective immediately upon being posted to the SleepSanity Website. It is your
responsibility to review any such changes or updates and check the Website from
time to time to be sure you understand all terms and conditions, agreements and
policies of the Website and are in compliance with them. You can tell if the
policy has changed by checking the last modified date that appears at the end
of the Terms and Conditions, and at the end of the Privacy Policy. Your
continued use of the Website following the posting of any amendment,
modification or change shall constitute your acceptance thereof.

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3. SleepSanity’s
Intellectual Property

You acknowledge and agree that the SleepSanity
Products and Services, and any logos, names, designs, text, graphics, videos,
software, content, files, materials and any other intellectual property rights
contained therein, including without limitation any copyrights, patents,
trademarks, proprietary or other rights arising therefrom are owned by SleepSanity
or its affiliates, licensors or suppliers. You expressly agree that you will do
nothing inconsistent with SleepSanity’s ownership of the SleepSanity Services,
and that you gain no rights, title, or interest in or to any SleepSanity
Products or Services, except as stated in these Terms or any executed written
agreement between you and SleepSanity. In addition, except as expressly set
forth in these Terms, you are not conveyed any right or license by implication,
estoppel, or otherwise in or under any patent, trademark, copyright, or other
proprietary right of SleepSanity or any third party. 

4. Disclaimer
Regarding Information Provided on the Website 

THE INFORMATION INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS
MEDICAL OR HEALTHCARE ADVISE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE. COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY,
COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE. 

5. Disclaimer of
Warranties with Respect to Use of the Website 

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE WEBSITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH USE AND/OR THE DOWNLOAD OF MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR
THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 

6. Purchasing
from Us Products 

Company reserves the right, without prior
notice, to discontinue or change specifications and prices on products without
incurring any obligation to you. Company takes reasonable precautions to try to
ensure that the prices quoted on the Website are correct, and to describe the
items available on the Website as accurately as possible and to depict the most
up to date packaging. However, when ordering products, please note that Company
does not warrant that product descriptions are accurate, complete, reliable,
current, or error-free, or that product packaging depicted on the Website will
match the actual product that you receive. If a product described on the
Website is not as described when you receive it, or the packaging on the
Website does not match the product you receive, your sole remedy is to return
it to us in an unused and undamaged condition in accordance with our Return
Policy, which is available through Customer Service, listed on our
Website. 

Pricing Errors and Omissions. Please be
aware that prices, availability and other purchase terms are subject to change
without prior notice. We make every effort to ensure the accuracy of the
information on the Website and to correct the errors once discovered. Company
reserves the right to revoke any stated offer to correct any errors,
inaccuracies, or omissions, including after an order has been submitted, after
it has been confirmed, or after your credit card has been charged. If we
discover an error has occurred after your credit card has been charged and your
order is canceled as a result of the error, your credit card will be refunded
the full amount of your order. 

Order Placement and Acceptance. If you
order a product, payment must be received by Company prior to Company’s
acceptance of the order. Company may require additional information regarding
your order if you have not provided all of the information required, and may
cancel or limit an order any time after it has been placed. 

Your order is expressly conditioned on
acceptance of this Agreement. Once a properly completed order, your
authorization and a valid form of payment has been received, we will promptly
locate the item(s) you have ordered to place them in line for shipment. All
items are subject to availability. We will promptly inform you if the
product(s) you have ordered are not available and we may offer you alternative
product(s) of equal quality and value. 

Company does not accept orders from dealers,
wholesalers, or customers who intend to resell items offered on the Website. If
Company discovers that you are placing orders with the intent to resell items
offered on the Website, we will immediately cancel your order, suspend or
terminate your account, and pursue any and all available legal remedies from
you under applicable law. To the extent your conduct may be fraudulent, such as
purchasing products through the use of fake or stolen cards, Company reserves
the right to report you to federal, state and/or local enforcements
authorities. 

Shipping and Risk of Loss. Company will
add applicable shipping and handling fees to your order. Unless otherwise
noted, Company will use commercially reasonable efforts to ship products within
a reasonable time after receipt of your properly completed order. Although
Company may provide delivery or shipment timeframes or dates, you understand
that those are Company’s good-faith estimates and may be subject to change. You
further understand that product availability may be limited and particular products
may not be available for immediate delivery, in which case the products will be
delivered when they become available. If your order will be delayed (either
from the date specified at the time of order or, if no date was specified,
beyond 30 days from the date of your order), Company will use reasonable
efforts to contact you. If Company contacts you and you advise that you no
longer wish to receive the item, Company will cancel the order and promptly
refund the amount tendered, less S&H, and will do so within 7-10 business
days if made using third-party credit card, such as a Visa or MasterCard. If
Company is unable to contact you, it may in its discretion elect to cancel the
order. Under no circumstances shall Company be liable for any loss, damage,
cost, or expense related to any delay in shipment or delivery. All items
purchased from the Website are delivered to shipment carriers. The risk of loss
and title for such items shall pass to you upon delivery to the carrier.
Company may reject orders where the stated delivery address is outside the
United States. 

Sales Tax. Company is required to collect
applicable state and local sales tax on orders shipped to certain states in the
United States. Taxes apply to most merchandise. Some taxing authorities also
require the taxable amount to include any shipping and handling charges, while
others charge sales tax only on merchandise. Company is required to follow the
rules of each state where we are required to collect sales tax. Your final
order total will include the appropriate state and local taxes. 

Payment Information. In ordering products
through the Website, by telephone, or otherwise, you agree to provide only
true, accurate, current, and complete payment information. By placing an order,
you represent and warrant that you will only provide payment information which
is yours or for which you are authorized to provide. Company shall have the
right to cancel or to suspend or terminate your account if we have grounds to
believe that you have provided inaccurate, not current, fraudulent, or incomplete
payment information to Company, or for any other reason that we, in our sole
discretion, deem appropriate. You agree that your placement of an electronic
order on the Website is sufficient to satisfy any applicable Statute of Frauds,
and no further writing is required. 

Automatic Renewal Payment Terms. If you are placing an order online or by telephone as part of our automatic renewal program, your participation in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your participation in the program at any time without notice to you. IF YOU PARTICIPATE IN OUR AUTOMATIC RENEWAL AUTOSHIP PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT OR, IF ELECTED BY YOU AT THE TIME OF ENROLLMENT, IN MONTHLY INSTALLMENTS ON APPROXIMATELY THE SAME DATE EACH MONTH, AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL AUTOSHIP PROGRAM, YOU MAY DO SO BY CALLING OUR CUSTOMER SERVICE REPRESENTATIVE AT 888-271-4661. 

You are obligated to provide current,
complete, and accurate information for your billing account. You are
responsible for promptly updating all information to keep your billing account
current, complete, and accurate (e.g., changes in billing address, credit card
number, or credit card expiration date). You must promptly notify us if your
credit card information is cancelled or is no longer valid (e.g., loss or
theft). Changes to such information can be made by calling our customer service
representative at 888-271-4661. If you fail to timely update your credit card
information, your participation in our automatic renewal autoship program may
be terminated and your account may be sent for collection. Return/Refund
Policy. You may return items in accordance with the Return Policy instructions
that accompany your product shipment(s), or if you are uncertain about your
right to return the product, you may call our Customer Service at at
888-271-4661. Company will refund your payment when your product is timely returned
and within 7-10 days of our receipt of the returned product in an unused and
undamaged condition in the original packaging, unless otherwise specifically
provided in Company’s marketing materials. 

7. Electronic
Communications, Signatures and Agreements 

The information communicated on the Website
constitutes an electronic communication. When you communicate with Company
through the Website or via other forms of electronic media, such as e-mail,
Apps, or social media, you are communicating with Company electronically. You
agree that Company may communicate electronically with you and that such
communications, as well as notices, disclosures, agreements, and other
communications that Company provides to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if they
were in writing and signed by the party sending the communication (e.g., by
Company or you). You further acknowledge and agree that by clicking on the
button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT”, “YES” or other such similar
links as may be designated by Company, you are submitting a legally binding
electronic signature and are entering into a legally binding contract. You
acknowledge that your electronic submissions constitute your agreement and
intent to be bound by this Agreement and any hyperlinks contained herein.
Pursuant to any applicable statutes, regulations, rules, ordinances or other
laws, including, without limitation, the United States Electronic Signatures in
Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other
similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE
OR SERVICES OFFERED BY COMPANY. Furthermore, you hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances or other laws
in any jurisdiction which require an original signature, delivery or retention
of non-electronic records, or to payments or the granting of credits by other
than electronic means. 

8. Communications with
Company 

You acknowledge that telephone calls to or
from Company are monitored and recorded and you agree to such monitoring and
recording. 

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You verify that any contact information
provided to Company, including, but not limited to, your address, shipping
address, e-mail address, residential phone number, and mobile phone number is
true and accurate. You further verify that you are the telephone subscriber
and/or that you own any telephone numbers that you provide to Company. You
acknowledge that by voluntarily providing your telephone numbers to Company,
you expressly agree to be contacted at the telephone numbers you provide.

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You consent to receive e-mails, pre-recorded
voice messages and/or autodialed calls (including text messages) by or on
behalf of Company relating to this Agreement, any purchase or transaction with
Company, matters related to your account (including debt collection), and
promotions regarding Company’s products. These communications may be made by or
on behalf of Company, even if your phone number is registered on any state or
federal Do Not Call list. You acknowledge that you may incur a charge for these
calls by your telephone carrier and that Company will not be responsible for
these charges. 

Company may obtain, and you expressly agree to
be contacted at, e-mail addresses, mailing or shipping addresses and phone
numbers provided by you directly or obtained through other lawful means, such
as skip tracing. You agree to provide Company notice within 30 days of any
change to your contact information by calling Customer Service at 888-271-4661
or by e-mailing [info@sleep-sanity.com]. Your consent to this communications
provision is not required to make any purchase with Company. 

9. Limitation on
Company’s Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE WILL COMPANY, ITS SUPPLIERS, PARENTS, SUBSIDIARIES,
REPRESENTATIVES, AFFILIATES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF
LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. 

10.
Indemnification 

You agree to indemnify and hold the Released
Parties, together with their respective co-branders, and suppliers, harmless
from and against any and all liability, losses, claims, demands, disputes,
damages, and costs of any kind, including, without limitation, reasonable
attorneys’ fees and cost of litigation resulting from or in any way connected
with (i) your use of the Website; (ii) information you submit or transmit
through the Website; (iii) privacy, tort or other claims (e.g., claims under
the Federal Telephone Consumer Protection Act or its state law equivalent)
relating to the provision of personal information (e.g., telephone number) to
Company that is not owned by you, in contravention of this Agreement; and/or
(iv) your breach of this Agreement. 

11. Termination of
Website 

You agree that Company may, in its sole
discretion, and at any time, terminate or suspend its operation of the Website
or your use of the Website, without prior notice to you, for any reason that
Company, in its sole discretion, deems appropriate. You further agree that
Company will not be liable to you or to any third party for the consequences of
such termination or suspension. In the event of any termination of your use of
or access to the Website, you agree that the provisions of the Agreement regarding
protection of intellectual property rights and license, indemnification,
disclaimer regarding information provided on the website, disclaimer of
warranties with respect to use of the website, limitation on Company’s
liability, and pre-dispute, mandatory binding arbitration, and class action
waiver shall survive any such termination. 

 12. Mandatory
Binding Arbitration, and Class Action Waiver 

PLEASE READ THIS ARBITRATION PROVISION
CAREFULLY TO UNDERSTAND YOUR RIGHTS. YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU ACKNOWLEDGE AND
AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

Generally. Arbitration is a method of
resolving a Claim without filing a lawsuit. “Claim” means any dispute between
you, Company, and/or any involved third party relating to your account, your
use of the Website, your relationship with Company, or these Terms of Use and
Conditions of Purchase. This includes any and all claims that relate in any way
to your use of the products, your attempted use of the products, and any act or
omission by Company or any third party related to your use or attempted use of
the products. You, Company, or any involved third party may pursue a Claim.
Company agrees to binding arbitration should it have any Claims against you.
Likewise, you agree to binding arbitration should you have any Claims against
Company. By agreeing to arbitrate, you waive the right to go to court and agree
instead to submit any Claims to binding arbitration. This arbitration provision
sets forth the terms and conditions of our agreement to binding arbitration and
is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9
U.S.C. §§ 1-16, as amended. 

Exceptions to Binding Arbitration. As an
exception to binding arbitration, you and Company both retain the right to
pursue, in a small claims court, any claim that is within that court’s
jurisdiction and proceeds on an individual (non-class) basis. Company will not
demand arbitration in connection with any individual claim that you properly
file and pursue in a small claims court, so long as the claim is pending only
in that court. Binding arbitration also does not apply to disputes concerning
trade secret misappropriation, patent infringement, copyright infringement or
misuse, or trademark infringement or dilution. 

Mandatory Pre-Dispute Procedures. You
acknowledge and agree that before initiating any Claim (subject to the
exceptions above) against Company, you will first give us an opportunity to
resolve your problem or dispute. This includes sending a written description of
your problem or dispute to us, including, but not limited to, information or
representations related to our products and upon which you rely. You may send
the written description by U.S. Mail to SleepSanity 1128 Royal Palm
Beach Blvd #166, Royal Palm Beach, FL 33411; Attn: General Counsel. You agree
to negotiate with Company in good faith about your problem or dispute. If for
some reason your problem or dispute is not resolved to your satisfaction within
60 days after Company’s receipt of your written dispute, you agree to the
dispute resolution provisions below. 

Commencement of Arbitration. You and
Company agree to commence any arbitration proceeding within one year after the
Claim arises (including the mandatory pre-dispute procedures outlined above)
and that any proceeding commenced after one year shall be barred. 

Arbitration Location. The arbitration
will be conducted in Essex County, New Jersey. It may be held by telephone or
through written submissions if both you and Company agree. 

Sponsoring Organization, Rules and the
Arbitrator. You agree that any Claims shall be resolved by submitting the
dispute to final and binding confidential arbitration before a single
arbitrator who is a retired judge or an experienced attorney with experience in
the subject(s) of the Claim. The arbitrator shall be chosen from JAMS
Comprehensive Arbitration Rules and Procedures and the arbitration rules of the
selected tribunal shall apply, which can be obtained by calling the selected
tribunal. 

The arbitrator shall have the exclusive and
sole authority to resolve any dispute relating to the interpretation,
construction, validity, applicability, or enforceability of these Terms of Use
and Conditions of Purchase and this arbitration provision. The arbitrator shall
have the exclusive and sole authority to determine whether this arbitration
agreement can be enforced against a non-signatory to this agreement and whether
a non-signatory to this agreement can enforce this provision against you or Company. 

Arbitration Fees. You and Company shall
share equally the costs for all filing, administrative, and arbitrator fees for
an arbitration initiated by either party. The parties shall each pay their own
additional fees, costs, and expenses, including, but not limited to, those for
any attorneys, experts, documents, and witnesses. 

Arbitration Award. The arbitrator shall
follow substantive law and may order any relief if permitted by law. The
arbitrator may award any form of individual relief, including injunctions and
punitive damages, so long as they are in accordance with applicable law. The
arbitrator may award costs or fees to a prevailing party, but only if the law
expressly allows it. Although Company may have a right to an award of
attorneys’ fees and expenses under some laws if it prevails, Company agrees
that it will not seek such an award, unless your Claims are determined by the
arbitrator to be frivolous. Nothing herein shall be construed to limit the
arbitrator’s ability to award remedies provided by applicable law. Any award
rendered shall include a written opinion and shall be final, subject to appeal
under the FAA. 

Enforceability. This provision survives
termination of your account or relationship with Company, bankruptcy,
assignment or transfer. If the class action waiver is deemed unenforceable
(i.e., unenforceability would allow arbitration to proceed as a class or
representative action), then this entire arbitration provision shall be
rendered null and void and shall not apply. If a portion of this arbitration
provision (other than the class action waiver) is deemed unenforceable, the
remaining portions of this arbitration provision shall remain in full force and
effect. 

Miscellaneous. Failure or any delay in
enforcing this arbitration provision in connection with any particular Claims
will not constitute a waiver of any rights to require arbitration at a later
time (subject to the one-year limitation described above) or in connection with
any other Claims. This provision is the entire arbitration agreement between
you and Company and shall not be modified except in writing by Company. 

Amendments. Company reserves the right to
amend this arbitration provision at any time. Your continued use of the Company
Website, purchase of a Company product, or use or attempted use of a Company
product, is affirmation of your consent to such changes. 

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A COMPANY PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO SLEEPSANITY,
1128 ROYAL PALM BEACH BLVD #166, ROYAL PALM BEACH, FL 33411; ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY COMPANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF COMPANY PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS. 

1. Exclusive Venue for
Other Controversies 

You agree that any controversy excluded from
the dispute resolution procedure and class action waiver provisions in this
Agreement (other than an individual action filed in small claims court) shall
be filed only in the State of Federal Courts located in Essex County, New
Jersey, and each party hereby irrevocably and unconditionally consents and
submits to the exclusive jurisdiction of such courts for any such
controversy. 

2. Remedies for
Company 

In order to avoid irreparable injury to
Company, in the event of any breach or threatened breach by you of the
provisions of this Agreement, we shall be entitled to seek an injunction and/or
other equitable relief restraining such breach. Nothing in this Agreement shall
be construed as prohibiting Company from pursuing any other remedies available
to it for such breach or threatened breach, including the recovery of monetary
damages from you. 

3. Modifications to
the Agreement 

Company may make changes to these Terms of Use
and Conditions of Purchase, from time to time, in its sole discretion, by
updating this posting on the Website without notice to you. Your continued use
of the Website following the posting of a new version of the Terms of Use and
Conditions of Purchase constitutes your acceptance of any such changes.
Accordingly, whenever you visit the Website, check to see if a new version has
been posted. 

4. Trademark
Notices 

SleepSanity is a trademark of CXR Strategies
LLC. All other trademarks and service marks displayed on the Website are the
property of SLEEPSANITY, or their respective owners. You may not use or display
any trademarks or service marks owned by SLEEPSANITY without SLEEPSANITY prior
written consent. You may not use or display any other trademarks or service
marks displayed on the Website without the permission of their owners. 

5. Copyright Policy,
Digital Millennium Copyright Act 

It is Company’s policy to respect the
copyright and intellectual property rights of others. Company may remove
content that appears to infringe the copyright or other intellectual property
rights of others. In addition, Company may terminate access by users who appear
to infringe the copyright or other intellectual property rights of others.
Further, Company complies with the Digital Millennium Copyright Act. If you
believe in good faith that your work has been copied in a way that constitutes
copyright infringement, please provide Company’s Copyright Agent the following
information: 

An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest. 

A description of the copyrighted work that you claim
has been infringed. 

A description of where the material that you claim is
infringing is located on the Website. 

Your address, telephone number, and e-mail
address. 

A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law. 

A statement by you, made under penalty of perjury
(e.g., notarized affidavit), that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf as follows: “I have a good faith belief that use
of the copyrighted material described above is not authorized by the
copyright owner or its agent, nor is such use otherwise permissible under
law. I declare, under penalty of perjury, that the information presented
herein is accurate, that I am authorized to represent the copyright
holder, and I have a good faith belief that the use is infringing.” 

Please direct inquiries regarding infringement
issues SLEEPSANITY, 1128 ROYAL PALM BEACH BLVD #166, ROYAL PALM BEACH, FL
33411; ATTN: GENERAL COUNSEL. 

6. Company Code of
Conduct

Our mission is to create a positive experience
for all of our customers and trading partners by safely delivering beautiful,
manageable hair. 

7. Other Important
Terms 

Company may assign, transfer, or sub-contract
any of our rights or obligations under these Terms of Use and Conditions of
Purchase to any third party at our discretion. Any representations, warranties,
and indemnification obligations made or undertaken by you will survive
cancellation or termination of your account or relationship with Company. No
delay by Company in exercising any right or remedy under these Terms of Use and
Conditions of Purchase shall operate as a waiver of that right or remedy or shall
affect Company’s ability to subsequently exercise that right or remedy. Any
waiver must be agreed to by Company in writing. These Terms of Use and
Conditions of Purchase supersede any other terms previously published by us and
any other representations or statements made by us to you, whether oral,
written, or otherwise. 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS
AND CONDITIONS

SleepSanity (hereinafter, “We,” “Us,”
“Our”) is offering a mobile messaging program (the “Program”), which you agree
to use and participate in subject to these Mobile Messaging Terms and
Conditions and Privacy Policy [https://www.sleepsanitynow.com/pages/terms-of-use]
(the “Agreement”). By opting in to or participating in any of our Programs, you
accept and agree to these terms and conditions, including, without limitation,
your agreement to resolve any disputes with us through binding, individual-only
arbitration, as detailed in the “Dispute Resolution” section below. This
Agreement is limited to the Program and is not intended to modify other Terms
and Conditions or Privacy Policy that may govern the relationship between you
and Us in other contexts.

1. User Opt In: The Program allows Users to
receive SMS/MMS mobile messages by affirmatively opting into the Program, such
as through online or application-based enrollment forms. Regardless of the
opt-in method you utilized to join the Program, you agree that this Agreement
applies to your participation in the Program. By participating in the Program,
you agree to receive autodialed or prerecorded marketing mobile messages at the
phone number associated with your opt-in, and you understand that consent is not
required to make any purchase from Us. While you consent to receive messages
sent using an autodialer, the foregoing shall not be interpreted to suggest or
imply that any or all of Our mobile messages are sent using an automatic
telephone dialing system (“ATDS” or “autodialer”). Message and data rates may
apply. Message frequency varies.

2. User Opt Out: If you do not wish to
continue participating in the Program or no longer agree to this Agreement, you
agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message
from Us in order to opt out of the Program. You may receive an additional
mobile message confirming your decision to opt out. You understand and agree
that the foregoing options are the only reasonable methods of opting out. You
acknowledge that our text message platform may not recognize and respond to
unsubscribe requests that alter, change, or modify the STOP, END, CANCEL,
UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or
the addition of other words or phrases to the command, and agree that SleepSanity and
its service providers will have no liability for failing to honor such
requests. You also understand and agree that any other method of opting out,
including, but not limited to, texting words other than those set forth above
or verbally requesting one of our employees to remove you from our list, is not
a reasonable means of opting out.

3. Program Description: Without limiting the
scope of the Program, users that opt into the Program can expect to receive
messages concerning the marketing, promotion, payment, delivery and sale of [SleepSanity
goods such as but not limited to smoothing treatments and aftercare goods,
shampoos, conditioners, styling products and hair tips, stylists opinions,
product introductions, special occasion deals or sales]. Messages may include
checkout reminders.

4. Cost and Frequency: Message and data rates
may apply. You agree to receive messages periodically at Our discretion. Daily,
weekly, and monthly message frequency will vary. The Program involves recurring
mobile messages, and additional mobile messages may be sent periodically based
on your interaction with Us.

5. Support Instructions: For support regarding
the Program, text “HELP” to the number you received messages from or email us
at info@sleep-sanity.com. Please note that the use of this email address
is not an acceptable method of opting out of the program. Opt outs must be
submitted in accordance with the procedures set forth above.

6. MMS Disclosure: The Program will send SMS
TMs (terminating messages) if your mobile device does not support MMS
messaging.

7. Our Disclaimer of Warranty: The Program is
offered on an "as-is" basis and may not be available in all areas at
all times and may not continue to work in the event of product, software,
coverage or other changes made by your wireless carrier. We will not be liable
for any delays or failures in the receipt of any mobile messages connected with
this Program. Delivery of mobile messages is subject to effective transmission
from your wireless service provider/network operator and is outside of Our
control. Carriers are not liable for delayed or undelivered mobile messages.

8. Participant Requirements: You must have a
wireless device of your own, capable of two-way messaging, be using a
participating wireless carrier, and be a wireless service subscriber with text
messaging service. Not all cellular phone providers carry the necessary service
to participate. Check your phone capabilities for specific text messaging
instructions.

9. Age Restriction: You may not use or engage
with the Platform if you are under thirteen (13) years of age. If you use or
engage with the Platform and are between the ages of thirteen (13) and eighteen
(18) years of age, you must have your parent’s or legal guardian’s permission
to do so. By using or engaging with the Platform, you acknowledge and agree
that you are not under the age of thirteen (13) years, are between the ages of
thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission
to use or engage with the Platform, or are of adult age in your jurisdiction.
By using or engaging with the Platform, you also acknowledge and agree that you
are permitted by your jurisdiction’s Applicable Law to use and/or engage with
the Platform.

10. Prohibited Content: You acknowledge and
agree to not send any prohibited content over the Platform. Prohibited content
includes: - Any fraudulent, libelous, defamatory, scandalous, threatening,
harassing, or stalking activity; - Objectionable content, including profanity,
obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the
basis of race, sex, religion, nationality, disability, sexual orientation, or
age; - Pirated computer programs, viruses, worms, Trojan horses, or other
harmful code; - Any product, service, or promotion that is unlawful where such
product, service, or promotion thereof is received; - Any content that
implicates and/or references personal health information that is protected by
the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health
Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction
from which the message is sent.

11. Dispute Resolution: In the event that
there is a dispute, claim, or controversy between you and Us, or between you
and Stodge Inc. d/b/a Postscript or any other third-party service provider
acting on Our behalf to transmit the mobile messages within the scope of the
Program, arising out of or relating to federal or state statutory claims,
common law claims, this Agreement, or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate, such dispute, claim, or
controversy will be, to the fullest extent permitted by law, determined by
arbitration in Pompano Beach, Florida before one arbitrator.

The parties agree to submit the dispute to
binding arbitration in accordance with the Commercial Arbitration Rules of the
American Arbitration Association (“AAA”) then in effect. Except as otherwise
provided herein, the arbitrator shall apply the substantive laws of the Federal
Judicial Circuit in which SleepSanity’s principle place of business is
located, without regard to its conflict of laws rules. Within ten (10) calendar
days after the arbitration demand is served upon a party, the parties must
jointly select an arbitrator with at least five years’ experience in that
capacity and who has knowledge of and experience with the subject matter of the
dispute. If the parties do not agree on an arbitrator within ten (10) calendar
days, a party may petition the AAA to appoint an arbitrator, who must satisfy
the same experience requirement. In the event of a dispute, the arbitrator
shall decide the enforceability and interpretation of this arbitration
agreement in accordance with the Federal Arbitration Act (“FAA”). The parties
also agree that the AAA’s rules governing Emergency Measures of Protection
shall apply in lieu of seeking emergency injunctive relief from a court. The
decision of the arbitrator shall be final and binding, and no party shall have
rights of appeal except for those provided in section 10 of the FAA. Each party
shall bear its share of the fees paid for the arbitrator and the administration
of the arbitration; however, the arbitrator shall have the power to order one
party to pay all or any portion of such fees as part of a well-reasoned
decision. The parties agree that the arbitrator shall have the authority to
award attorneys’ fees only to the extent expressly authorized by statute or
contract. The arbitrator shall have no authority to award punitive damages and
each party hereby waives any right to seek or recover punitive damages with
respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a
signed writing, the arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a representative or
class proceeding. Except as may be required by law, neither a party nor the
arbitrator may disclose the existence, content, or results of any arbitration
without the prior written consent of both parties, unless to protect or pursue
a legal right. If any term or provision of this Section is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Section
or invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This
arbitration provision shall survive any cancellation or termination of your
agreement to participate in any of our Programs.

12. Florida Law: We endeavor to comply with
the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to
Florida residents. For purposes of compliance, you agree that we may assume
that you are a Florida resident if, at the time of opt-in to Program, (1) your
shipping address, as provided is located in Florida or (2) the area code for
the phone number used to opt-into the Program is a Florida area code. You agree
that the requirements of the Florida Telemarketing Act and the Florida Do Not
Call Act do not apply to you, and you shall not assert that you are a Florida
resident, if you do not meet either of these criteria or, in the alternative,
do not affirmatively advise us in writing that you are a Florida resident by
sending written notice to us. Insofar as you are a Florida resident, you agree
that mobile messages sent by Us in direct response to mobile messages or
requests from You (including but are not limited to response to Keywords,
opt-in, help or stop requests and shipping notifications) shall not constitute
a “telephonic sales call” or “commercial telephone solicitation phone call” for
purposes of Florida Statutes Section 501 (including but not limited to sections
501.059 and 501.616), to the extent the law is otherwise relevant and
applicable.

13. Miscellaneous: You warrant and represent
to Us that you have all necessary rights, power, and authority to agree to
these Terms and perform your obligations hereunder, and nothing contained in
this Agreement or in the performance of such obligations will place you in
breach of any other contract or obligation. The failure of either party to
exercise in any respect any right provided for herein will not be deemed a
waiver of any further rights hereunder. If any provision of this Agreement is
found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. Any new features,
changes, updates or improvements of the Program shall be subject to this
Agreement unless explicitly stated otherwise in writing. We reserve the right
to change this Agreement from time to time. Any updates to this Agreement shall
be communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By continuing
to participate in the Program after any such changes, you accept this
Agreement, as modified.