Terms and Conditions

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities.
• Account means a unique account created for You to access our Service or parts of our Service.
• Country refers to Ohio, United States.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to real sleep MEDICAL LLC, 230 W Johnstown Rd, Gahanna, OH 43230.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Goods refer to the items offered for sale on the Service.
• Orders mean a request by You to purchase Goods from Us.
• Service refers to the Website.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Website refers to real sleep, accessible from https://www.therealsleep.com/
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company.

Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Goods availability, errors in the description or prices for Goods, or errors in Your Order.

Your Order Cancellation Rights

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

You will not have any right of cancellation for the supply of:

• Goods made to Your specifications or clearly personalized.
• Goods which according to their nature are not suitable to be returned or deteriorate rapidly.
• Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Goods which are, after delivery, inseparably mixed with other items.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

Payments

All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

SMS / Text Messaging Terms

By providing Your mobile phone number and checking the box to receive text messages on any of our online forms (including our contact form and free sleep assessment), You expressly consent to receive text messages from real sleep at the mobile number You provide. These Terms apply to Your participation in our SMS program and are supplemented by our Privacy Policy.

Program Description

real sleep's SMS program is used to send appointment reminders, care-related follow-up, responses to inquiries submitted through our Website, billing and account notifications, and (only if You separately opt in) educational content and promotional offers.

Consent Is Not a Condition of Purchase

Your consent to receive text messages is never required to schedule an appointment, receive treatment, or purchase any goods or services from real sleep. The SMS opt-in checkbox on our forms is always optional and never pre-selected.

Message Frequency and Rates

Message frequency varies based on Your interaction with us. Message and data rates may apply depending on Your mobile carrier and plan. real sleep is not responsible for any carrier charges.

HELP and STOP Instructions

For help, reply HELP to any message You receive from us, or contact (614) 222-6816. To stop receiving text messages from real sleep at any time, reply STOP to any message. You will receive one confirmation message and will not receive further text messages from us unless You opt back in.

Supported Carriers and Carrier Disclaimer

Our SMS program is supported by most major U.S. wireless carriers, including AT&T, Verizon Wireless, T-Mobile, Sprint, U.S. Cellular, Boost, and others. Carriers are not liable for delayed or undelivered messages. Service availability depends on Your carrier and location.

No Sharing of Mobile Information

We do not share, sell, or rent Your mobile phone number, SMS opt-in status, or the contents of SMS communications with any third parties or affiliates for their marketing or promotional purposes. See our Privacy Policy for complete details.

Privacy of SMS Communications

Standard text messaging is not a secure channel for transmitting Protected Health Information. Do not send sensitive medical, financial, or other confidential information to us by text.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: info@therealsleep.com
• By phone: 614-222-6816
• By mail: 230 W Johnstown Rd, Gahanna, OH 43230