Terms & Conditions
Welcome to Frankly Sleeing, LLC’s (“the Company”) website. You agree to be bound by the terms and conditions herein. Your continued use of the website demonstrates your agreement to comply with and be bound to the terms and conditions.
- Agreement. This Agreement ("the" Agreement") specifies the Terms and Conditions for access to and use of the Company’s website (the "Website"). This Agreement, and any other documents it references, is the only agreement between you and the Company, and may be modified by the Company from time to time, which changes will be effective immediately upon posting to the Website. Every time you use the website, you agree to unconditionally be bound by the terms as then published on the Website.
- Ownership. Frankly Sleeping owns all of the content, including, but not limited to, the text, photographs, drawings, trademarks, and other proprietary information. You may not copy, use, or distribute any of the content on our Website without our permission. In the event that any of the Trademarks of other third parties are used by their permission on this Website, you are prohibited from any use of the same.
- Compliance with Laws. This Agreement is governed by the laws of the State of Georgia, and your use of the Website is deemed your agreement to comply with the laws of the State of Georgia as applied to this Agreement.
- Website Use. The Company grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use. This license may be revoked at any time, and you may be banned from the Website or your access otherwise terminated. You agree that you will not use the Website in an effort to trespass on any of the Company’s computers or other means of access to the information of the Company or its information technology systems.
- WARRANTY: THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS" BASIS ONLY. ACCESS IS NOT GUARANTEED FOR ANYPURPOSE, AND YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, INCLUDING, BUT NOT LIMITED TO, THE INADVERTENT DISSEMINATION OF YOUR PERSONAL DATA THAT YOU PLACE ON THE WEBSITE OR INCLUDE IN ANY COMMUNICATION WITH THE COMPANY THROUGH THE WEBSITE OR ANY INFORMATION PORTAL ASSOCIATED WITH THE WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
- Indemnification. You agree to make whole, indemnify, defend and hold the Company and our partners, employees, and affiliates, harmless from any and all liability, loss, claim and expense, including, but not limited to both actual and consequential damages, including reasonable attorney's fees, related to or arising from your violation of the terms and conditions of this Agreement, or use of the Website, or any other policy or agreement referenced herein.
- Limitation of Liability. IN THE EVENT THAT YOU CLAIM ANY DAMAGE OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE, YOUR SOLE REMEDY FOR DISSATISFACTION OR ALLEGED CLAIM RELATED TO THE WEBSITE OR YOUR USE OF IT IS TO CEASE ALL OF YOUR WEBSITE USE. THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, ARISING UNDER ANY LEGAL THEORY, ARISING OUT OF, FROM, OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, REGARDLESS OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- Copyright. This Website and its form, content and structure, including but not limited to the actual text, graphics, photographs, video audio content, and other material displayed are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions without prior written permission by the Company. We endeavor to protect the Copyright of third parties. If you believe that the Company has posted or displayed content on the Website in violation of your copyright or other intellectual property rights, please notify the Company immediately.
- Severability. If any provision of this Agreement shall be determined by any court of competent jurisdiction to be unenforceable or invalid, such a finding shall not invalidate or otherwise render void any other provision, and all other non-severed provisions shall remain in full force and effect.