I. USE OF SITE To access this Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of this Site that all the information You provide on this Site will be correct, current, and complete. If Reflex Pillow believes the information You provide is not correct, current, or complete, Reflex Pillow has the right to refuse You access to this Site or any of its resources, and to terminate or suspend Your access at any time.
III. PROHIBITED USE OF THE SITE You may only use this Site for purposes expressly permitted by this Agreement. As a condition of Your use of Reflex Pillow’s website, You warrant to Reflex Pillow that You will not use the Site for any purpose that is unlawful or prohibited by this Agreement. For example, You may not (and may not authorize any party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of Reflex Pillow. For purposes of this Agreement, “co-branding” means to display a name, logo, or trademark, in such a manner as is reasonably likely to give a user the impression that such party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Reflex Pillow in preventing any unauthorized co-branding, framing or hyper-linking. In addition, You may not use this Site in any manner that could disable, overburden, damage, 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, content, or information through any means not intentionally made available or provided for through the Site.
IV. VIRUSES, HACKING AND OTHER OFFENCES You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
V. INTELLECTUAL PROPERTY Trademarks, service marks, logos, and copyrighted works (including the collection and arrangement of content) appearing on this Site are the property of TMJ Health LLC or the party that provided the trademarks, services marks, logos, and copyrighted works to Reflex Pillow. Except as provided in this Agreement, Reflex Pillow does not grant You any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. In accordance with the Limited Liability section of this Agreement, as part of the use of this Site, You agree not to bring any claim against Reflex Pillow, its affiliates, officers, directors, employees, agents, sponsors, third party content providers, licensors, licensees or the like for any claim of intellectual property infringement.
VI. HYPERLINKING/LINKED SITES This Site may provide a link to other websites by allowing You to leave this Site to access third-party material (“Linked Site”). Reflex Pillow is not related to, nor does it have discretion to alter, update, or control the content on, a Linked Site. Reflex Pillow has not reviewed such Linked Sites and is not responsible for the content of those sites. The fact that Reflex Pillow has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. Linked Sites are to be accessed at the user’s own risk, and Reflex Pillow makes no representations or warranties about the content, completeness or accuracy of these Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. Reflex Pillow is not responsible for such provisions and expressly disclaims any and all liability related to such provisions. me page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
VII. DISCLAIMER OF WARRANTY You expressly agree that use of the Site is at Your sole risk. Neither Reflex Pillow nor its affiliates, any of their officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy, completeness, reliability, or security of any materials or information posted on our Site.This Site and the information, content, and materials on this Site are provided on an “as is,” “where is,” and “where available” basis. Reflex Pillow makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or to the content, information, or the materials on this Site. Reflex Pillow expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, or information on this site or your use of this Site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents. You, and on behalf of Your agents, attorneys, employees, predecessors-in-interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, hereby fully release, discharge, waive, and absolutely forgive Reflex Pillow, and each of its respective agents, attorneys, employees, predecessors-in- interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, from any and all lawsuits, demands, controversies, disputes, actions, causes of action, rights to accountings, fees, invoices, billings, proceedings, obligations, debts, liabilities, costs, disbursements, expenses, attorneys’ fees, damages and other claims of whatever character, nature and kind, in law or in equity, past, present or future, know nor unknown, joint or several, suspected or unsuspected, arising from or relating to Your use of the Site and/or any works obtained therefrom (collectively, “Claims”). You covenant not to sue with respect to any Claim subject to the foregoing release, discharge or waiver. You understand that Reflex Pillow cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Reflex Pillow does not assume any responsibility or risk for Your use of the Internet.
VIII. LIMITATION OF LIABILITIES Reflex Pillow, its subsidiaries, affiliates, licensors, service providers, attorneys, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of data, loss of use of data, loss of revenue or income, loss of business, loss of prohibited contents, loss of anticipated savings or goodwill, for pain and suffering, emotional distress, or similar damages, even if Reflex Pillow has been advised of the possibility of such damages. The foregoing limitation applies to claims based on warranty, contract, tort (including negligence), liability, or any other legal theory. In no event will the collective liability of Reflex Pillow and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of €100. For the avoidance of doubt nothing in this clause VIII shall seek to exclude or limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under applicable law.
IX. INDEMNIFICATION Each time You upload any user submitted content (“User Content”), You confirm Your acceptance of and agreement to be bound by this Agreement. You shall, and hereby do, indemnify, defend, and hold harmless Reflex Pillow, its affiliates, agents, employees, sponsors, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to Your User Content, use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This includes, but is not limited to, defense and indemnification of Reflex Pillow for any unlawful or unpermitted uploading of any information by a user. This indemnification shall survive any termination or suspension of Your use of this Site.
X. SUBMISSIONS All User Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that You, and not Reflex Pillow, are entirely responsible for all User Content that You upload, post, e-mail, or otherwise transmit via this Site. You shall not transmit User Content or otherwise conduct or participate in activities on the Site that are prohibited by law in applicable jurisdictions. You hereby waive all intellectual property right, including copyright, and any other right to any User Content that You submit, and shall, and hereby do, grant to Reflex Pillow and any other user, a fully paid-up, royalty-free, perpetual, irrevocable, non-exclusive right and license (with the right to sublicense through multiple tiers) to use, reproduce, copy, modify, publish, adapt, host, cache, index, archive, store, create derivate works from, translate, perform, display, and distribute such User Content, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or herein after developed without accounting, notification, credit, or other obligation to You. Reflex Pillow does not control User Content. Reflex Pillow has the right but not the obligation to monitor submissions by users and reserves the right to modify, move, or remove any content at any time and for any reason in its sole discretion. You grant Reflex Pillow and other users of this Site the right to use any material, information, ideas, concepts, know-how, or techniques contained in any User Content You provide or otherwise submit to Reflex Pillow for any purpose whatsoever, including but not limited to, educational purposes and developing and marketing commercial products (if any as Reflex Pillow deems fit in its sole discretion) using such information. You will not be entitled to any compensation for any of the rights You grant in and to the User Content. You authorize Reflex Pillow to use Your name, likeness, and any other information in connection with use of the User Content You provide. You agree that Reflex Pillow may use or disclose information about You or Your use of this Site, including User Content, to comply with laws and requests by governmental or regulatory agencies, to protect and/or defend Reflex Pillow’s rights or property, or to protect the safety of Reflex Pillow, Reflex Pillow’s employees, agents, sponsors, membership, or the public.
XI. TERM AND TERMINATION Reflex Pillow reserves the right to terminate Your access to any part or the entire Site at any time without notice for any reason whatsoever. Reflex Pillow also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Reflex Pillow reserves the right to seek all remedies available at law and in equity for any violation of this Agreement. Sections V-XVI shall survive the termination of this Agreement.
XII. NO AGENCY OR THIRD PARTY BENEFICIARY You agree that no agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship exists as a result of this Agreement or use of the Site. You acknowledge that You, do, not have authority or power to bind Reflex Pillow In no event shall Reflex Pillow be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
XIII. CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS This Agreement is governed by and shall be construed in accordance with the laws of Ireland. Reflex Pillow makes no representation that the materials are appropriate or available for use outside Ireland. If You access this Site from outside the Ireland, You will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to Your use of this Site.
XIV. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER This Agreement constitutes the entire agreement between Reflex Pillow and You with respect to your use of this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Reflex Pillow with respect to this Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by Reflex Pillow to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.
XV. TRANSACTIONS CONCLUDED THROUGH OUR SITE Contracts for the supply of goods and services formed through our Site or as a result of visits made by you are governed by our terms and conditions of supply Terms & Conditions.
XVI. MODIFICATIONS TO AGREEMENT Reflex Pillow may revise this Agreement at any time and You agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is Your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Reflex Pillow does not, and will not, assume any obligation to notify You of changes to this Agreement. You agree to be bound by any affirmation, assent, or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from Reflex Pillow solely through electronic transmission. You agree that, when in the future You click on an “I agree,” “I consent” or other similarly worded “button” or entry field on this Site, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
XVII. VIOLATION OF TERMS AND CONDITIONS Any use of this Site in violation of the foregoing violates these Terms and Conditions and may result, among other actions, in termination or suspension of Your rights to use the Site. Any decision as to whether User Content violates these Terms and Conditions or Reflex Pillow Limited’ posting rules will be made in Reflex Pillow Limited’s sole discretion.
XIII. SECURITY Any passwords used for this site are for individual use only. You will be responsible for the security of Your password. Reflex Pillow will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that Reflex Pillow considers insecure, Reflex Pillow will be entitled to require the password to be changed and/or terminate Your account. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Reflex Pillow reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. Reflex Pillow reserves the right to investigate suspected violations of this Agreement. Reflex Pillow reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Reflex Pillow to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Reflex Pillow FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Reflex Pillow DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Reflex Pillow OR LAW ENFORCEMENT AUTHORITIES. XIX. MISCELLANEOUS A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. This Site may contain general information relating to medical conditions and their treatment. The content on this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult Your doctor or health provider with any medical questions You have. If you have any concerns about material which appear on our Site please email us at info@ReflexPillow.com or write to us at Reflex Pillow Limited, B5 Corcanree Business Park Dock Road Limerick V94 VYX9 Ireland.