Terms & Conditions

BY VISITING https://www.scofwillmar.com/

YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.

Overview

The terms “we”, “us”, “our” and “Sleep Center of Willmar” refers to Sleep Center of Willmar, LLC, also known as Restorative Sleep Solutions. The term the “Site” refers to www.scofwillmar.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Use of Sleep Center of Willmar, including all materials presented herein and all online services provided by Sleep Center of Willmar, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of Site and Service

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to sleep, sleep issues and other information are subject to change. Sleep Center of Willmar makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Sleep Center of Willmar disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Introduction and Acceptance of Terms of Use.
Sleep Center of Willmar offers you a wide range of content and information about its products and services ("Materials") via this website. By using this website, you are agreeing to accept and comply with the terms and conditions of use as stated below ("Terms of Use"), which Sleep Center of Willmar may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that Sleep Center of Willmar may, at its sole discretion, terminate your access to this web site at any time without notice.

Limited Right to Use
This website is owned and operated by Sleep Center of Willmar. Unless otherwise specified, all Materials on this website are the property of Sleep Center of Willmar and are protected by the copyright laws of the United States and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this website on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by Sleep Center of Willmar on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Sleep Center of Willmar. The use of any such Materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Communications
Except for any disclosure by you for technical support purposes, or as specified in our Privacy Statement, all communications from you to this website will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Sleep Center of Willmar ("Feedback") will be deemed, at the time of communication to Sleep Center of Willmar, the property of Sleep Center of Willmar, and Sleep Center of Willmar shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this website to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Access to Password Protected or Secured Areas
Access to and use of password protected or secured areas of this website is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.

Monitoring
Although Sleep Center of Willmar is not obligated to do so, it will have the right to review your communications on this web site to determine whether you comply with our Terms of Use. Sleep Center of Willmar will not have any liability or responsibility for the content of any communications you post to this web site, or for any errors or violations of any laws or regulations by you. Sleep Center of Willmar will comply with any court order in disclosing the identity of any person posting communications on this website. It is advisable that you review our Privacy Policy before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies.

Links to Other Sites and Third Party Resources
The linked sites are not under the control of Sleep Center of Willmar and Sleep Center of Willmar is not responsible for the content of any linked site or any link contained in a linked site. Sleep Center of Willmar reserves the right to terminate any link at any time. Sleep Center of Willmar may provide links from this web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. Sleep Center of Willmar DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Sleep Center of Willmar. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Trademarks
The trademarks, service marks and logos of Sleep Center of Willmar and others used in this web site ("Trademarks") are the property of Sleep Center of Willmar and their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Sleep Center of Willmar or the respective owner.

Indemnity
You agree to indemnify, defend and hold Sleep Center of Willmar harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this web site.

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

Limitation of Liability
IN NO EVENT SHALL Sleep Center of Willmar OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF Sleep Center of Willmar OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Sleep Center of Willmar is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if Sleep Center of Willmar has been advised of the possibility of or could have foreseen the damages.

Disclaimer
Sleep Center of Willmar assumes no responsibility for timeliness, or content of the Materials provided on this web site. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. Sleep Center of Willmar is not responsible for supplying content or materials from the website that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEBSITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED.

Applicable Laws
These Terms of Use are governed by the law in force in the State of Minnesota, United States, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Minnesota and courts of appeal from them for determining any dispute concerning the Terms of Use.

Lawful Purposes

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Refusal of Service

Sleep Center of Willmar reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Sleep Center of Willmar reserves the right to limit the number of participants in any consultation or event. Sleep Center of Willmar may at any time change or discontinue any aspect or feature of the Site or Service.

Product Description

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Our Intellectual Property

All content provided on the Site and in the Service, including all products and materials are the intellectual property of Sleep Center of Willmar. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.

We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Waiver

No waiver of any of the provisions of this Agreement by Sleep Center of Willmar shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Sleep Center of Willmar.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Sleep Center of Willmar, 1801 19th Ave SW Willmar, Minnesota 56201 United States

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

If you require further clarification, please contact info@rsswillmar.com.

Business Name

Sleep Center of Willmar, LLC

Contact Email

info@rsswillmar.com