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Terms of Use

This constitutes a binding agreement (“Terms,” “Terms of Use,” or “Agreement“) between you and Biokanetics, LLC, a Kansas limited liability, doing business as “SOMNUS” (“SOMNUS,” “us,” “we,” or the “Company“).

These Terms apply to all services provided by SOMNUS (“Services“) where information is collected from or about you, or where data from or about you is used. Services include retail sales and age verification at stores branded or owned by SOMNUS (“Stores“), as well as physical delivery of products to you (“Delivery Service”).  Services also include digital services provided through the Internet website located at www.somnus.com (the “Website” or “Site”), applications or software provided online or in conjunction with the Website, and electronic communications sent to you by SOMNUS or its partners (collectively, “Digital Services”).

By using the Services or accessing the Website after the “Last Updated Date”, you affirm that you are of legal age to enter into this Agreement, and you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Services. If you do not agree, do not use Company’s Services, including its Website.

You may not order or obtain products from the Website if you (a) do not agree to these terms, (b) are not at least 18 years of age, (c) able to legally consent to form a binding contract with SOMNUS, or (d) are prohibited from accessing or using this Website or any of this Website’s contents or goods by applicable law.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS..

This Agreement is published on the Company’s Website at www.somnus.com. To access it, visit the Website, and click on the “Terms of Use” hyperlink, or visit: https://www.somnus.com/termsofuse.

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found on the Website by visiting www.somnus.com, and then clicking on the Privacy Policy hyperlink, or by visiting: https://www.somnus.com/privacypolicy

By using Company’s Services, including the Website, you agree to be bound by the Company’s Privacy Policy that is expressly incorporated into this Agreement by this reference.

Legal Disclaimers

By using Company’s Services, including the Website, you agree to be bound by the Company’s Legal Disclaimers published on the Website that are expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at www.somnus.com, and then click on the Legal Disclaimers hyperlink.

Account Information

You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Services. You can create an account for some Services on the Website. Some Services may also be available via a social login from your authorized social networking service account (Facebook or Google or Instagram or similar “social networking” services, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Services, which will then enable you to complete registration on the Services. Your membership account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. You may use your account settings to control your Member Profile if applicable.

When you sign up to become a Member, you must complete the registration process by providing the complete and accurate information requested on the registration forms. You may also be asked to provide your email address and/or phone number, as well as choose a username and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, password, or personal information of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. You are solely responsible for any and all use of your account, and the activity that occurs on your account. SOMNUS shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Email and Mobile Communications

By providing phone number to SOMNUS via the Internet or in person, you are consenting to receive marketing communications from SOMNUS via email or SMS text messages until you opt out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both. Note that if you provide your email address or mobile number to SOMNUS, you consent to receive service messages (“Service Messages”) from SOMNUS, which includes notices about SOMNUSSs communications, your inquiries to SOMNUS, your transactions, and other notices, including notices required by law, in lieu of postal mail. You may not opt out of Service Messages, since SOMNUS may be legally required to inform you of important facts.

You can opt out of marketing communications at any time by sending your request to info@somnus.com in accordance with the rules published in Company’s Privacy Policy, or by clicking the “Unsubscribe,” “Opt Out,” “Cancel,” or “Stop” links in promotional communications you receive, if such links are present. In the event you elect to opt-out of communications to your mobile device, you may receive an additional message from the Service confirming your election. Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

The Company does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error free.

Standard messaging and data rates apply. Though you may access the Service via a mobile device, Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including, without limitation, any technical problems beyond the control of Company such as defects, congestion,failures of mobile network and mobile data capacity, caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.

Product Purchases, Billing, and Payment

You acknowledge that Company may charge a fee for the use of any Services, provided thatCompany notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you, including fees for products or delivery you order via the Services. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. All prices, discounts, and promotions posted on the Site are subject to change without notice. Prices posted on this Site may be different than prices offered by us and other retailers both on the internet and at physical locations. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, Company may immediately cease to provide any and all Services to you

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. We accept most major credit cards and debit cards for online orders. If ordering directly from the Website, you represent and warrant that (i) the credit or debit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting us at info@somnus.com.

All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.

All prices specified in descriptions of the Services are retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.

You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with Products you purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.

Terms of Sale and Refund Policy

During the checkout process you will be given the complete terms of purchase. Included in those terms is an acknowledgment that SOMNUS sells products containing CBN (cannabinol) from hemp oil. These products have not been evaluated by the FDA. We are committed to compliance with FDA regulations and as such, because these products have not been evaluated by the FDA, we make no claims as to any extra benefits for products containing CBN (cannabinol). If you decide to purchase our products, you are drawing your own opinions as to any additional use or benefits these products may provide.

All products purchased directly from www.shop.somnus.com, excluding wholesale orders, come with a 14-day from time of purchase customer satisfaction, money-back guarantee. If you are not satisfied with any of these products, please see the Return and Exchanges Policy below to return your product and receive a full refund less applicable shipping and handling charges. Additional shipping and handling charges may apply to returned products.

Shipping and Return Policy

It’s always our goal to make your ordering process as efficient as possible. Learn all about our shipping policies and procedures below. SOMNUS aims to ensure that you are always pleased with your purchases.

Shipping Methods and Rates

Your order will be shipped and delivered on regular business days (Monday through Friday, excluding major holidays). Our standard shipping carrier is USPS. Deliveries typically occur 3-5 business days after your order is processed with standard shipping. Shipments to Alaska, Hawaii, and U.S. Virgin Islands typically occur within 6-8 business days. Standard shipping charges apply.

Express shipping orders will be fulfilled by UPS and/or FedEx on regular business days. Express shipping charges apply. Note that UPS and/or FedEx do not deliver to Post Office boxes. Orders shipped to APO and PO boxes will be fulfilled via Smartpost under standard shipping charges.

Title and risk of loss pass to you upon our transfer of the products to the carrier (FOB Shipping Point). Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipment.

 

 

Order Status

We process orders Monday through Friday in the order in which they are received. Orders placed after 3:00PM Eastern Standard Time Monday – Friday will not be processed until the next business day. If you want to check the status of your order, please use the tracking number included in your shipping confirmation email. If you have questions about your order, please email us at info@somnus.com and we would be happy to assist you.

Report an Order Problem

If your order is incorrect, missing a product, contains a damaged item, or another issue, please email us at info@somnus.com. To expedite your request, please provide us with your current contact information and your order confirmation number. We will always do our best to accommodate your request as efficiently as possible.

Returns and Exchanges

If you are unsatisfied with a direct order from SOMNUS, you may return any of our products, for a full 100% money-back guarantee. Shipping and handling charges cannot be refunded. Additional shipping and handling charges may apply to returns. Please email info@somnus.com with “Return Authorization Request” and your order number in the subject line and we will reply with a Return Authorization Number and address to send the product back.

Please ship all returns with the Return Authorization Number to:

SOMNUS Distribution Center
(Return Authorization Number)
(Address provided)

SOMNUS recommends shipping returned product by USPS, UPS, or FedEx with a tracking number, as the risk of loss in shipping the returned product is borne solely by you. If returned product is not received by SOMNUS Distribution Center, no refund or credit will be applied to your method of purchase. Your acceptance of the terms of purchase acknowledges that you understand and agree to the SOMNUS Returns and Exchanges Policy and the SOMNUS Refund Policy.

We respectfully request that you include the sales receipt and/or invoice with any return. If you buy SOMNUS products from a third party, unauthorized retailer, or other unauthorized sources, we cannot offer you a money-back guarantee, accept a return of the product, or otherwise assist you with problems that you may encounter.

User Content

If you send or post information (“User Content”) to the SOMNUS website or its Services, including photos, messages, or commentary, you grant SOMNUS a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.

Intellectual Property

SOMNUS This site and all of its contents (the “Content”) are the sole property of SOMNUS. This includes the graphics, logos, interface, layout, design, sounds, text, color scheme, blog posts, press releases, product names, product descriptions, ingredient lists, trademarks, software code, menus, and all other materials on this site. You are not entitled to use, in any way, any of the intellectual property on this site for any reason without the written permission of SOMNUS prior to such use.

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents or our products sold through the site; make any derivative use of any of our Content; download, copy, or other use any Content or account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or product sold through, this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our site only as permitted by law and this Agreement. The licenses we have granted you terminate if you do not comply with this Agreement.

This site may contain logos, trademarks, or other intellectual property belonging to third parties not affiliated with SOMNUS. You are responsible for complying with all legal obligations and the intellectual property policies related to any use by you of any third party’s intellectual property displayed on this site. You agree to indemnify and hold harmless SOMNUS for any use by you of any third party’s intellectual property or proprietary information displayed on this site.

 

 

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: Biokanetics, LLC, Attn: Website Administrator, 4901 W 136th Street, Leawood, KS 66224 or via email at info@somnus.com

Copyright

All contents of the Services, including the Website, are Copyright 2019, Biokanetics, LLC, 4901 W 136th Street, Leawood, KS 66224. All rights reserved.

Trademarks

All trademarks, service marks, and trade names of the Company used in its Services, including on its Website, are trademarks or registered trademarks of the Company.

Acknowledgement of Hemp Derived Products

By agreeing to these terms and conditions you acknowledge that some of our products, whether consumable or topical, may contain cannabinoids derived from hemp oil. Furthermore, you acknowledge that the FDA has not evaluated the products offered by us, and we make no claims as to any benefits from the use of our products.

Some of the Products available for sale on the Site may contain cannabinoids. Cannabinoids and hemp oil are derived from hemp. Hemp is a variety of Cannabis sativa L., commonly known as marijuana. Consumption of any hemp product carries a risk of a positive drug test for cannabinoids or other chemical compounds due to trace amounts that may be contained in the Products. If you are concerned about the risk of a positive drug test, contact your employer or testing agency prior to consuming any hemp-derived product. We are not responsible for any claims by you that may arise out of or are related to a failed drug test from the use of our Products by you.

The FDA has not evaluated any statements on this site or any materials or products we distribute or sell. Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any federal regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.

Assumption of Risk. By agreeing to these Terms, you acknowledge that there are federal, state, and local laws pertaining to cannabinoids, including hemp-derived products, and these laws vary by jurisdiction. You are responsible for compliance with all the laws of your jurisdiction, and you assume all liability with regard to the purchase, possession, and use of our Products. Any and all claims you may have against us that arise from, or are related to, a civil or criminal enforcement action against you shall be governed by, and subject to, the dispute resolution terms herein.

Restrictions

You agree not to use any automated systems, including, without limitation, “robots,” “spiders,” “web crawlers,” “screen scrapers,” “page scrapers,” “offline readers,” “bot” or “Denial of Service”  traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.

You will not attempt to gain unauthorized access to any portion or feature of Company’s Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegal means.

Accessing, collecting, and/or harvesting Members’ information stored on the Website or in other Digital Services, including, but not limited to, their personally identifiable information, are prohibited.

You agree not to frame the SOMNUS Website or other Digital Services in browser frames, or otherwise reroute or alter content from Company’s Digital Services enroute to a visitor’s browser.

You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages or unsolicited commercial messages.

You agree not to impersonate Company employees in any electronic message sent to Company or its Members. 

Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

Violations

The Company reserves the right to terminate your use of the Website and/or other Services in its sole and absolute discretion and without notification or compensation to you. To ensure that the Company provides a high-quality experience for you and for other users of the Services, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Services. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with use of the Website or other Services.

No Warranties

THE COMPANY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES. SOMNUS’S SERVICES, INCLUDING, BUT NOT LIMITED TO, ITS WEBSITE, IN-STORE SERVICES, DELIVERY, AND REWARDS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES, WHETHER THEY ARE PROVIDED IN-PERSON OR THROUGH THE INTERNET. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS AFFILIATE ENTITIES, SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE CONTENT WITHIN THE SERVICES IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CONTENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED 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 DOWNLOAD. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.

To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relationship to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents or licensors be liable to you for any claims, proceedings liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to the Company hereunder.

This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.

Affiliated Websites

The Company has no control over, and no liability for, any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither the Company nor our Digital Services have control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of our Digital Services including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. The Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company’s Information Security department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You will indemnify and hold SOMNUS and its subsidiaries, affiliates, licensors, content providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of intellectual property other than as expressly authorized by SOMNUS. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees, and expert witness fees of the Indemnified Parties in connection therewith. You will indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from use of the Services.

Governing Law

These Terms of Use shall be construed in accordance with and governed by the laws of the State of Colorado, without reference to their rules regarding conflicts of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado

Waiver of the Defense of Illegality.
YOU HEREBY AGREE TO WAIVE ANY DEFENSE AGAINST THE ENFORCEMENT OF THIS AGREEMENT BY US ARISING OUT OF THE DOCTRINE OF ILLEGALITY UNDER FEDERAL LAW AND/OR ANY PUBLIC POLICY ARGUMENTS SURROUNDING THE SUBJECT MATTER OF THIS AGREEMENT OR ANY PRODUCTS PURCHASED FROM US.
 
 
 
 
 
 
 
 

 

Arbitration

YOU AND SOMNUS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Any dispute, claim, interpretation, controversy, or issues of public policy arising out of or related to this Agreement, including the determination of the scope or applicability of this Section, that is arbitrable will be determined exclusively by arbitration held in Denver, Colorado, and will be governed exclusively by the Colorado Revised Arbitration Act, §§ 13-22-201, et seq. (the “CRAA”).

You and SOMNUS irrevocably submit to the exclusive jurisdiction of the state courts located in Denver, Colorado, with respect to this Section to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the CRAA. The parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. The parties may seek recognition and enforcement of any Colorado state court judgment confirming an arbitration award or order in any state court outside of Colorado.
 

You and SOMNUS hereto waive (i) any right of removal to the United States federal courts and (ii) any right in the United States federal courts to compel arbitration, to confirm any arbitration award or order, or to seek any aid or assistance of any kind.

Prior to resolution or a decision by the arbitrator, each party shall bear its own costs and expenses and an equal share of the arbitrators expenses and administrative fees of arbitration. The arbitrator shall award all costs, reasonable attorneys’ fees, and expenses of the arbitration proceeding to the substantially prevailing party, as determined by the arbitrator.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SOMNUS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.


If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

IF YOU ARE A NEW USER OF THE SERVICES, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO info@somnus.com  (“OPT-OUT NOTICE”) OR VIA U.S. MAIL TO: Biokanetics, LLC 5526 Cedar Street, Roeland Park, KS 66205. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU SIGNED UP FOR SERVICES FOR THE FIRST TIME, AS RECORDED BY SOMNUS’S SYSTEMS THAT TRACK SIGNUPS.

In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address associated with your Member account to which the opt-out applies to info@somnus.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Severability Waiver

If any part of this Agreement is found by a court to be invalid, illegal, or unenforceable,  thatprovision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.

No License

Nothing contained on the SOMNUS Website, or presented by any other Services, should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Website and/or other Services; and (c) discontinue the Website and/or Services at any time or from time to time. The Company shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

Availability and Use Outside of the United States

The Services are controlled, offered, and operated from facilities in the United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found in, on, and through the Services are solely directed to individuals located in the State of Colorado. Notwithstanding the foregoing, the Company retains all rights, including all intellectual property rights, to the Services and the content therein, throughout the world.

Notification Procedures

The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email or text message notice, written or hard copy notice, or through conspicuous posting of such notice on the Website or on other Services, as determined by Company in our sole discretion, and even if you have opted out of other communications. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
 
 

No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SOMNUS.
 

No Third-Party Beneficiaries
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These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
 

Entire Agreement

Our order confirmation, this Agreement, our Legal Disclaimers, and our Privacy Policy will be deemed the final and integrated agreement between you and SOMNUS on the matters contained in this Agreement.

4901 W 136TH ST
Leawood, KS 66224

Food And Drug Administration (FDA) Disclaimer

The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice.

This product is not for use by or sale to persons under the age of 18. This product should be used only as directed on the label. It should not be used if you are pregnant or nursing. Consult with a physician before use if you have a serious medical condition or use prescription medications. A Doctor’s advice should be sought before using this and any supplemental dietary product. All trademarks and copyrights are property of their respective owners and are not affiliated with nor do they endorse this product. By using this site you agree to follow the Privacy Policy and all Terms of use printed on this site. Void Where Prohibited By Law.