Terms & Conditions
Terms of Use Agreement
Effective: May 12, 2009 (updated June 11, 2012)
1. Acceptance of the Terms and Conditions.
1.1 Zeo, Inc. (herein referred to as “Zeo,” “we,” “us” or “our”) provides and makes available this web site (the “Site”) pursuant to this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully. By accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Site.
1.2 You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Site. The revised Agreement will become effective upon posting. Any use of the Site after such date shall constitute your acceptance of such revised Agreement. If any change to this Agreement is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Site.
2. Use of the Site.
2.1 This Site contains material, including but not limited to software, text, graphics, images, reports, charts, graphics, and data files, some of which may be based on or include data provided by you to us pursuant to the provisions of the Privacy Policy (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws. You hereby grant us a perpetual, irrevocable, royalty-free right and license to use any Content provided by you, for any purposes that are consistent with the Privacy Policy. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. Notwithstanding the foregoing, you may use the Content for your own limited, personal, and non-commercial purposes. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
2.2 The trademarks, service marks, and logos of Zeo (the “Zeo Trademarks”) used and displayed on this Site are registered and unregistered trademarks or service marks of Zeo. Other Zeo products, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with Zeo Trademarks, the “Trademarks”). Nothing on this Site or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of Zeo specific for each such use. The Trademarks may not be used to disparage Zeo or the applicable third-party, Zeo’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without Zeo’s prior written consent. All goodwill generated from the use of any Zeo Trademark shall inure to Zeo’s benefit.
2.3 You agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (d) delete or alter any material posted on the Site by Zeo or any other person or entity, and/or (e) frame or link to any of the materials or information available on the Site.
2.4 Certain elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Section 2.1 of the Agreement. None of the Content for this Site may be retransmitted without the express written consent from Zeo for each and every instance.
2.5 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 on the Site hosted by Zeo infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.copyright.gov/fedreg/ for details). Notices and counter notices with respect to the Site should be sent to Zeo at:
By Mail:
Copyrights Agent
Zeo, Inc.
320 Nevada St.
Newton, MA 02460
By Email: DMCA@myzeo.com
2.6 This Site is for use by users who are eighteen (18) years of age or older. Users under the age of eighteen (18) are not permitted to use the Site without the consent of a parent or legal guardian. By using the Site, you represent that you are at least eighteen (18) years of age, or that you have the consent of a parent or legal guardian.
3. Advertising, Linking and Framing.
The Site may contain information about, links to and/or advertisements for web sites operated by other parties (the “Third Party Sites”). In addition, emails sent to users of this Site may contain information about, links to and/or advertisements for Third Party Sites. The information provided about, links to and advertisements concerning Third Party Sties are provided for your convenience only. We do not control such Third Party Sites and we are not responsible for the content and performance of these Third Party Sites and/or for any transactions you may choose to conduct with the operators of any Third Party Sites. Zeo is not responsible for the content of linked Third Party Sites, sites framed within the Site or third party advertisements on the Site and/or in emails sent from this Site and Zeo does not make any representations regarding their content or accuracy. Your use of Third Party Sites is at your own risk and subject to the terms and conditions of use of such sites.
4. Disclaimer of Warranties.
4.1 ZEO, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “ZEO PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE ZEO PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
THE ZEO PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO ZEO PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ZEO PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
4.2 The Content on this Site is presented in a summary fashion, and is intended to be used for educational and informational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED LINKED TO, ADVERTISED ON THIS SITE. NEITHER THE SITE NOR THE ZEO SLEEP MANAGER MOBILE OR BEDSIDE DEVICE IS A MEDICAL DEVICE OR A MEDICAL PROGRAM AND THEY ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF SLEEP DISORDERS. IF YOU SUSPECT THAT YOU MAY HAVE A SLEEP DISORDER, CONSULT YOUR PHYSICIAN. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. You exercise your own judgment when purchasing any product or selecting a physician from this Site and/or any Third Party Site and we disclaim all responsibility for the professional qualifications and licensing of, and services provided by any physician or other health provider referred to on this Site and/or any Third Party Site. We strongly urge you to visit with a physician or health professional if you suspect you are ill. Never disregard the medical advise of a physician or health professional, or delay in seeking such advice, because of something you read in the Content.
5. Unsolicited Ideas and Feedback.
5.1 Zeo appreciates your interest in our products and our company and understands that you may have comments and suggestions. However, Zeo does not want you to, and you should not, send any confidential or proprietary information to Zeo through this Site, or through any other means. Please note that you have no confidentiality agreement with the Zeo company and any unsolicited information or material sent to Zeo will be public information and not confidential or proprietary. You may wish to consult with an attorney before making any unsolicited submission to Zeo so that you can understand what intellectual property rights will be lost by making an unsolicited public submission to Zeo. If, however, you submit unsolicited information and feedback, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, “Feedback”), please be aware that regardless of what your letter and/or any other accompanying documentation may say, you are agreeing that the following terms shall apply to your Feedback: (1) Zeo, and our designees, may use or redistribute the Feedback and/or any portions thereof for any purpose, including commercial purposes, and in any way; without compensation to you; (2) there is no obligation for Zeo to review the Feedback and/or provide you with any commentary regarding the same; and (3) there is no obligation to keep any Feedback confidential.
5.2 Upon submitting Feedback you (1) warrant that you are the original developer and/or creator of the Feedback and are legally free to make such a disclosure and you shall be solely liable for any damages arising from your submission of any information that is protected through copyright, trade secret law, patent law or other proprietary rights and (2) understand our feedback policy as set forth in this Section 6 and accepts this policy without reservation.
6. Public Submissions Policy.
6.1 This Site may provide you with an opportunity to post publicly on the Site comments, articles and other submissions (collectively referred to as the “Submissions”). By posting and/or otherwise providing Submissions to this Site, you grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also permit any other users to access, display, view, store and reproduce such Submissions for personal use. You acknowledge that to the extent that you include personally identifiable information in your Submissions, we may republish such information. Zeo furthermore reserves the right to alter and edit any Submission or refuse to accept, post, display or transmit any Submission in its sole discretion.
6.2 Although Zeo has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (i) monitor the Submissions; (ii) alter, edit, or remove any Submission in whole or in part; or (ii) disclose any Submissions. The Submissions posted on the Site by users do not indicate any approval or endorsement by Zeo of such Submissions. Zeo is not responsible for, and hereby disclaims any and all liability that may arise from the Submissions.
6.3 You agree that you are responsible for your own use of the Site for any Submission you make, and for any consequences thereof. You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control law.
To provide a forum where ideas can be shared in a productive and safe environment, you agree NOT to:
(i) Post any private information, or otherwise harvest, collect or disclose information, about another without his or her express consent;
(ii) Post any content to the Site that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;
(iii) Post any content to the Site that infringes any third party’s intellectual property or other rights;
(iv) Use the Site for any unlawful purpose, or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability;
(v) Use the Site for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations;
(vi) Impersonate any person or entity, including any Zeo employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(vii) Imply that Zeo endorses any of your statements or positions;
(viii) Take any action that imposes an unreasonable load on the server;
(ix) Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
(x) Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Site; and/or
(xi) Delete or alter any material posted by any other person or entity.
6.4 You represent and warrant to Zeo that: (i) you have full power and authority to enter into this Agreement; (ii) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignment granted herein without obtaining any further releases or consents; and (iii) your Submissions do not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy, or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory.
7. Limitation of Liability.
7.1 IN NO EVENT SHALL ANY ZEO PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH ZEO PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE ZEO PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. Indemnification.
You agree to defend, indemnify, and hold harmless the Zeo Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Site. Zeo shall provide notice to you of any such claim, suit, or proceeding. Zeo reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Zeo’s defense of such matter.
9. Termination of the Agreement.
9.1. Zeo reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Zeo reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.
9.2. Sections 2 (Use of the Site), 4 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 9.2 (Termination of Agreement), and 13 (Miscellaneous) shall survive the termination of this Agreement.
10. User Must Comply with Applicable Laws.
10.1 This Site is hosted in Massachusetts. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
10.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
11. U.S. Government Restricted Rights.
The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.
12. 30-Day Money Back Guarantee
12.1 Zeo, Inc. ("Zeo") offers a 30-day money back guarantee for its Zeo® Sleep Manager™ Mobile and Bedside sleep management devices (some of which were formerly known as Personal Sleep Coach). This offer does not include any Zeo accessories, sold separately, or any non-Zeo branded merchandise that was purchased at www.myzeo.com , nor does it include any Zeo Sleep Manager Mobile or Bedside devices purchased other than from www.myzeo.com. You may return either your Zeo Sleep Bedside or Mobile sleep management device, for any reason, within 30 days from the date of shipment and receive a full refund, less the initial shipping costs. All returns must reference a Return Material Authorization ("RMA") number. For details about how to return your Zeo sleep management device, please call 1-888-myZeo-Help (1-888-699-3643) or visit our customer support site at www.myZeo.com/support.
12.2 Returned merchandise must include all original, in package, accessories, literature, documentation and packaging in the same saleable condition in which it was received by you. Refunds for returns will only cover the purchase price and any sales taxes charged. Refunds will be processed within 30 days of receipt of your returned product, in the same form of payment as your original purchase. Refunds will not be made for any shipping and handling charges. Damaged merchandise, cosmetically or otherwise, may be subject to a restocking fee equal to 30% of the price paid (not including taxes). You are responsible for and must prepay all return shipping charges and shall assume all risk of all loss or damage to the product while in transit to Zeo. Merchandise must be received by Zeo within 14 days after issuance of the RMA. Zeo retains the right to refuse delivery of merchandise returned without a valid RMA number or merchandise received greater than 14 days subsequent to issuance of the RMA.
13. Miscellaneous.
This Agreement is governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Boston in the Commonwealth of Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of Zeo to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against Zeo unless made by an authorized officer of Zeo in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Zeo and you, this Agreement constitutes the entire Agreement between you and Zeo with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. Zeo is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use, including but not limited to information transmitted by you through Facebook, Twitter or other such services.
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