My Account   |   View Cart

CIRCADIAN™ STORE TERMS OF USE

Introduction
The use of this site is governed by the policies, terms and conditions set forth below (“Terms and Conditions of Use”). Please read them carefully. This is a legally binding agreement between you (“You”) the visitor to the “Site”, and Circadian Information, LP, (“Us”/”We” and words to that effect), the corporate owner and operator of this Site. Your use of this Site indicates your acceptance of these Terms and Conditions of Use. Your submittal of any personal information to Us indicates acceptance of these Terms and Conditions of Use. These Terms and Conditions of Use shall supercede any subsequent terms or conditions included within this website, whether or not such terms or conditions are signed by Us. We reserve the right to make changes to this site and these Terms and Conditions of Use at any time.

General Site Overview and Disclaimer
We provide various information and sell various publications and products relating to bettering a person’s ability to adjust to 24/7 work schedules and to appropriately gain proper sleep related habits.
While you may find the information that we provide to be educational and informative, it cannot be and is not intended to be a replacement for the personal services of a health care professional.
The Site provides information, product advertisements and offerings, and referrals to additional information or resources. We do not diagnose medical conditions, endorse specific products or services, or offer medical advice. Products that are available for purchase on our website are provided as a courtesy to our audience and we make no specific endorsements of any such products.
Do not rely upon any of the material or information published or made available on our website as medical diagnosis or treatment for any medical condition whatsoever. If you have personal health concerns, please see your primary health care service provider, such as your physician, medical practitioner or mental health professional, at once.
If We list any agency or organization as a reference to You, We do so for informational purposes only and any such listing or inclusion on Our website does not imply endorsement by Circadian Information LP..

Special Legal Guidelines
You must respect the trademarks, trade dress, and copyright as well as any patent and any and all intellectual property rights of any person or entity. You must also not violate the right of publicity, right of privacy or other similar rights. You may not defame any person or entity or violate any laws of any nature or jurisdiction while visiting our site or using any tool or service that we provide to you.
You must follow any and all posted guidelines and rules of conduct regarding this Site, and any such guidelines and rules are incorporated by reference into this document as if fully set forth herein.
You agree to hold us harmless and defend and indemnify us regarding any civil claim of any nature filed or threatened against Us due to Your violation of this section or Your alleged or proven violation of any law of any nature in any jurisdiction.
We may deny You access to the Site at anytime for any reason without prior notice to You.
We may discontinue part or all of our Site at anytime for any reason without prior notice to You.
You may not impersonate any third person or entity at any time.

Intellectual Property Provisions
All content provided within or via this Site is protected by various United States, state and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.

Disclaimer Regarding Functionality
All content, tools, functions and services provided via this Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to You. No warranties of validity regarding any of the content of this Site are made and We have not independently verified the validity of any of the content of this Site. It is Your duty to independently engage in due diligence to verify any and all claims presented within this Site.

Termination of Service
We reserve the right to terminate any and all service provided to You at any time, without notice, for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to You. You agree that monetary damages may not adequately provide a remedy for Us if You violate any of the Terms and Conditions of Use and You agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should You violate any element of the Terms and Conditions of Use.

Prohibited Content
You may not engage in any conduct that is harmful to this Site, or our members or visitors or their computers.

Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

Links to Third Party Sites
We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

Submissions
All submissions, such as letters, comments, advice, questions and other communications similar in nature to those You might write to a magazine or periodical (but not personal information) become the property of this Site. All submissions are non-confidential in nature. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication and we may edit the submissions for space requirements. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold Us harmless and defend Us and indemnify Us from any civil actions filed or threatened to be filed by any third party or entity who determines that Your submissions supports a legal cause of action.

Limitation of Liability
We are not responsible for any damages arising from Your use of this Site, or any tools, functions or services that this Site provides to You, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold Us harmless from any loss or harm of any nature due to Your usage of this Site or any tool or service that We provide to You. You agree that You will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should You file any lawsuit against us, You agree that damages will be limited to that precise amount of money that You have paid us for services rendered to You.

Content Issues
We are not responsible for any content provided to us by our Site clients or any third parties or entities. We do not screen content provided by our Site clients or any third parties or entities and You agree that We do not have any duty to do so prior to such being published on our Site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due the actions of one or more of our users or any third party or entity. You agree to hold Us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to any such content.
You understand and agree that use of the Internet means that You are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that We will review and edit all content for safety, quality, accuracy, or decency that You encounter via our Site.
We do not endorse any of the products that You may purchase via Our Site and We are not responsible for any product liability issues regarding those products. All warranties regarding such products are limited solely to the warranties provided by the manufacturers and the law, and the manufactures are solely responsible for all warranties and guarantees of any and all nature.

Jurisdiction/Arbitration
This Agreement will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Boston, Massachusetts, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. In the event that amount in controversy is within the jurisdictional amount of the small claims court located in Boston, MA, the matter may be settled in the small claims court without any obligation to submit the cause of action to mandatory, binding arbitration as set forth herein. The jurisdictional limit for small claims in Massachusetts is two thousand dollars. You agree to waive any and all claims in excess of two thousand dollars if you agree to proceed to small claims court in Massachusetts to resolve any claim between yourself and us.

General Information
This Site may contain typographical errors or mistakes, and We disclaim any responsibility for such errors and You agree to hold Us harmless from any legal responsibility for such errors.
We may revise or modify any portion of this Agreement at any time without notice to You. You must read this Agreement each time you visit our site or use any tool or service that we provide to You via this Site or elsewhere. Any usage of this Site or tools, functions or services that We provide You means that you have read the most current version of the Terms and Conditions of Use and You agree to be bound by the terms and conditions of the latest version of the Terms and Conditions of Use.
We may post user guidelines or rules on Our site. If We do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.
The currency used on the website is US dollars, unless stated otherwise.

Force Majeure
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

Intellectual Property Notices
You agree that You have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by You of any such property rights is fairly deemed to be “willful” in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.

Survival of Provisions
Each provision of the Terms and Conditions of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions of Use shall be severable and construed to the extent of their enforceability in light of the parties mutual intent if deemed at all unenforceable by the competent court.

Entire Agreement
We intend that these Terms and Conditions of Use constitute the entire agreement between Us and You.

Contact Information
If you have any questions concerning this website or its policies, please contact us by emailing info@circadian.com, calling 781-439-6300, or writing to: Circadian Information LP, 2 Main Street, Suite 310, Stoneham, MA 02180, USA.

Other CIRCADIAN offices:


• Circadian Technologies, Ltd. (UK)
1 Heddon Street
Mayfair
London, W1B 4BD
United Kingdom
P) +44 (0)207 470 7148

• CIRCADIAN AUSTRALIA
5/6 Cairns Street
Loganholme
QLD 4129
Australia
P) (07) 3209 7299

• Circadian Technologies Canada Inc.
1000 Canterra Tower
400 Third Avenue SW
Calgary, Alberta T2P 4H2
Canada
P) 403-668-4722