Last Updated: November 5, 2024
Welcome to Insomnyak, LLC ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website, www.insomnyak.com (the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please refrain from using our Site.
By accessing and using the Site, you accept and agree to comply with these Terms. We reserve the right to modify or update these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms.
The Site is intended for users who are at least 18 years of age. By using the Site, you affirm that you are at least 18 years old or, if under 18, that you have obtained parental or guardian consent to use the Site.
3.1 You agree to use the Site only for lawful purposes. You are prohibited from using the Site to:
3.2 We reserve the right to terminate or restrict your access to the Site if, in our sole discretion, we believe that you have violated these Terms.
4.1 Ownership: All content on the Site, including text, images, graphics, logos, and software, is the property of Insomnyak, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.
4.2 License: We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. This license does not permit you to reproduce, modify, distribute, or exploit any content from the Site without our prior written consent.
The Site may contain links to third-party websites that are not owned or controlled by Insomnyak, LLC. We are not responsible for the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that we are not liable for any damages or loss caused by your use of or reliance on such content or services.
The Site is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, nor do we guarantee the accuracy, reliability, or completeness of any information provided.
To the maximum extent permitted by law, Insomnyak, LLC, its officers, directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from or related to your use of the Site, including, without limitation, loss of profits, data, or other intangible losses, whether based on contract, tort, or other legal theory, even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Insomnyak, LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including attorney’s fees, arising from or related to (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of any third-party rights, including intellectual property or privacy rights.
We reserve the right to terminate or suspend your access to the Site, without prior notice, for any violation of these Terms or any other reason at our sole discretion. Upon termination, your right to access and use the Site will immediately cease.
These Terms shall be governed by and construed in accordance with the laws of [Insert State/Country], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in [Insert Jurisdiction] for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.
11.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Insomnyak, LLC regarding your use of the Site and supersede any prior agreements or understandings.
11.2 Severability: If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
11.3 Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
If you have any questions or concerns about these Terms, please contact us at:
Email: support@insomnyak.com