Terms of Use
These Terms of Service (“Terms”), along with our Privacy Policy, are a legal agreement between you and Halo Innovations, Inc. and its affiliated entities (collectively, “HALO,” “we,” “us,” and “our”).
These Terms apply to the use of www.halosleep.com (the “Website”) and the products, applications, devices and associated firmware, and any other services or content offered or made available by HALO (together with the Website, the “Services”).
By purchasing, accessing, installing, downloading, interacting with, or otherwise using our Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services.
Certain Services may be subject to additional or separate terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.
“HALO Content” means all websites, software, designs, text, art, graphics, images, data, user interfaces, logos, trademark, software, source code, object code, look and feel, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.
The Services and HALO Content are protected by copyright, trademark, patent, trade secret and other laws of the United States and foreign jurisdictions. Except as expressly provided in these Terms, HALO and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
Any unauthorized use of any HALO Content may violate copyright laws, trademark laws, the law of privacy and publicity, and communications regulations and statutes.
We may make modifications to these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services or placement of orders after such changes constitutes your acceptance of any such changes.
By using the Services, you agree that we can use the information you provide (“User Data”) in accordance with the terms of ourPrivacy Policy. Any links to third party websites are provided for convenience. We are not responsible for the content of, or any actions taken by, those third-party websites.
When you communicate with us through our Website, App or other forms of electronic media, you are communicating with us electronically. You agree that all electronic communication that we provide to you is equivalent to communications in writing and will have the same effect as if they were in writing and signed by the party sending the communication.
You agree to comply with all applicable local laws regarding your use of this web site, including, and without limitation, laws regarding import/export of technical data by virtue of your online transmission.
- Abuse, defame, harass, stalk, or harm another individual;/span>
- Violate, infringe, or misappropriate another party’s intellectual property rights, privacy, publicity, or other legal rights;
- Alter or tamper with any materials on or associated with the Services;
- Transmit any viruses, worms, malicious code, or other harmful or destructive files, codes, or programs;
- Submit, send, post, upload, or otherwise make available unsolicited or unauthorized advertising or commercial communications, such as spam, advertising, promotional materials, junk mail, chain letters, or any other form of solicitation;
- Impersonate or falsely misrepresent any person or entity or perform any other similar fraudulent activity;
- Post, disseminate, or transmit any Content that you do not have the right to post, disseminate, or transmit;
- Disrupt others’ use of the Services;
- Interfere with or disrupt in any way the Services, or servers or networks connected to Services;
- Collect or store personal data about other users;
- Violate any applicable local, state, national, or international law;
- Copy, modify, rent, lease, loan, sell, publish, transfer, assign, distribute, license, reverse engineer, or create derivative works based on the Services, unless you have the explicit written authorization to do so signed by an authorized HALO employee; or
- Remove, delete, alter, or obscure any trademarks or copyright, trademark, patent, or other intellectual property rights notices from the Services, including any copy thereof.
You agree that HALO has no responsibility or liability for the deletion of or failure to store any messages, communications, or other User Content maintained, disseminated, or transmitted through the Services.
We do not charge your credit card until your order is shipped. We will add sales tax for those orders delivered to specific states that require a sales tax charge. Each customer is solely responsible for all sales/use taxes applicable to orders shipped to all other locations.
All items purchased from Halo Innovations, Inc. are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.
We make no warranties as to the results that may be obtained from the use of the Services or as to the accuracy, quality, or reliability of any information obtained through the Services. You understand and agree that any information downloaded from the Website or App to your personal computer or mobile device is done at your own risk and you will be solely responsible for any damage to your computer system, mobile device, or loss of data that results from the download or use of such information.
You understand and agree that under no circumstances will HALO or its affiliates, agents, heirs, successors, assigns, or licensors, be liable for:
(a) personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, indirect, special, indicidental, or consequential damages of any sort, however caused; or
(b) direct damages in amounts that in aggregate exceed the amount actually paid by you to HALO for the applicable Services.
You agree to indemnify and hold harmless HALO, its directors, officers, employees, and agents, from and against any and all liability, loss, claim, demand, dispute, damages, including without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Halo Innovations, Inc. web site.
The HALO logo, "HALO", "The safer way to sleep", “SleepSack” are registered trademarks of Halo Innovations, Inc. “Back is Best” and “SwaddleChange" are trademarks of Halo Innovations, Inc.
You agree that HALO, in its sole discretion, at any time, may suspend or terminate your use of the Services, and may remove or delete any or all User Content within the Website or App without prior notice to you. Further, you agree that HALO will not be liable to you or to any third party for the consequences of any suspension or termination of your use of or access to the site.
You agree that any claim or cause of action coming from your use of Services or the Terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to contrary.
You may return any product purchased from this website within 30 days from date of shipment. To be eligible for return, items must be in their original packaging and not been worn, washed or used in any way. Please contact Customer Service at 888-999-HALO, with any questions or concerns. Returns must be shipped prepaid, and your return shipping cost is not reimbursable. Upon receipt of your return, we will credit your account or issue a refund check for all eligible product returned. Outbound shipping cost will not be refunded.
You may be required to download the App in order to use parts of the Services (such as SleepSure). We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) download, install, and use the App on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with these Terms and the SleepSure documentation; and (b) access, download, and use on such Mobile Device the HALO Content and Services made available in or otherwise accessible through the App, in accordance with these Terms.
HALO may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”).
Updates may also modify or delete in their entirety certain features and functionality. You agree that HALO has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:(a) the App will automatically download and install all available Updates; or(b) you may receive notice of or be prompted to download and install available Updates.You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.
You may be required to create an account to use parts of the Services (such as SleepSure). To create an account, you may need to provide a password, username, and other information such as your name and email address. You are solely responsible for keeping your information confidential. You may not transfer, sell, assign, or sublicense your account without our prior written approval.
You are solely responsible for all usage or activity that occurs under your account, including, but not limited to, use of the Services by any person who uses your account, with or without authorization. You agree to immediately notify us of any unauthorized use or any other breach of security of your account. HALO will not be liable for losses incurred as a result of an unauthorized use of your account. Notwithstanding the above, information submitted by you is governed according to thePrivacy Policy.
SleepSure is not a medical device and should not be used as a medical device. It is not designed or intended to detect, diagnose, monitor, prevent, treat, or cure any disease or other health condition, including but not limited to Sudden Infant Death Syndrome (SIDS). If you are concerned about your baby’s health or safety, contact a physician. EXCEPT AS PROVIDED BY OURWARRANTYPOLICY, THE APP IS PROVIDED TO USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
These Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to the Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York City, NY. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Social Media Terms of Use
The Facebook, Instagram, Pinterest and Twitter accounts and applications created or administered by HALO Dream, Inc. (“HALO”) are for our fans to actively engage with HALO and each other. We welcome your views, comments and other communications, pictures or videos ("User Content") as long as the User Content submitted by you complies with these Terms of Use and Facebook’s Statement of Rights and Responsibilities.
HALO does not warrant the accuracy of any material on this page, and is not responsible for any User Content. Information appearing on the HALO social accounts does not necessarily reflect the views or opinions of HALO, and should not be considered to be approved or endorsed by HALO.
User Content may be monitored and is subject to removal if HALO, in its sole discretion, believes the User Content violates these terms.
You understand and agree that HALO may block a user’s ability to view or post on the HALO social pages. You agree not to use the HALO social accounts to engage in conduct or disseminate User Content that:
- • Is inaccurate, false, untrue or misleading
- • Is harmful, offensive or causes injury to HALO or anyone else
- • Is malicious, abusive, hateful, defamatory or threatening
- • Is obscene, indecent, pornographic or unlawful
- • Violates any laws or regulations, or the legal rights of HALO or anyone else
- • Infringes any HALO or third-party intellectual property or other proprietary rights (patent, trademark, copyright or trade secret)
- • Violates anyone’s rights of privacy or publicity
- • Involves or discloses confidential HALO information
- • Contains viruses or corrupted files or other similar software or programs that might disrupt or damage the operation of another’s computer
- • Is used to advertise, offer or sell any products or services, or otherwise involves commercial solicitation
- • Is political campaigning
- • Is a chain letter, mass mailing or any form of “spam”
You are solely responsible for the User Content you submit, and HALO assumes no liability for any claim arising out of or relating to your User Content. You agree to indemnify HALO against all claims and liabilities incurred by HALO as a result of or in connection with your User Content.
You represent that any User Content submitted by you is original and non-infringing. For any User Content that you submit, you grant HALO a perpetual, unlimited, worldwide, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such content and to incorporate such content into any form, medium or technology throughout the world, all without compensation to you. For this reason, do not post any User Content that you do not wish to be used by HALO for any purpose or in any manner. In addition, you grant HALO the right to use your name in connection with any User Content submitted by you.
HALO reserves the right to update or modify these Terms of Use at any time without prior notice. Any such revisions will be effective at the time of posting to the HALO social media accounts, and your use of this site following any such revisions constitutes your acceptance of such revisions and your agreement to follow and be bound by the terms.