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Proactive Sleep


Proactive Life Terms and Conditions


Effective: January 20, 2010

1. Acceptance of the Terms and Conditions.


Welcome to Proactive Life, LLC.'s (herein referred to as "Proactive Life," "we," "us" or "our"), educational tool and motivational program for mobile devices (herein referred to as "Proactive Sleep") and all associated Proactive Life services provided at or through Proactive Life, that help you learn about your sleep and habits (herein referred to as "Proactive Sleep"). Please read this Agreement carefully. Subscribers, customers, users, and others who download, access, use, purchase, play, and/or subscribe (collectively, "use" or "using") to the Proactive Sleep application ("You", "Your", "Users") do so under this Terms of Use Agreement ("Terms of Use"). Furthermore, by accessing, browsing or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, you shall not access, browse or use the Site.

PROACTIVE LIFE RESERVES THE RIGHT, IN OUR SOLE DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THE TERMS OF USE AT ANY TIME ("CHANGES"). IT IS YOUR RESPONSIBILITY TO CHECK THE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF PROACTIVE SLEEP WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES. IF YOU DO NOT AGREE TO THE TERMS OF USE NOW OR IF AT ANY TIME THE TERMS OF USE ARE NO LONGER ACCEPTABLE TO YOU, PLEASE CEASE USE OF PROACTIVE SLEEP IMMEDIATELY.

THE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND PROACTIVE LIFE. You may receive a copy of this Agreement by emailing us at: legal@proactivesleep.com, Subject: Terms of Use Agreement.

This Terms of Use Agreement is solely between You and Proactive Life, and does not include any of Proactive Life's licensors. Proactive Life and not Proactive Life's licensors are solely responsible for Proactive Sleep and related content. The Terms of Use are incorporated by reference into Proactive Life's Privacy Policy located at http://www.proactivesleep.com/privacy.php and vice-a-versa. Additionally, a Consent form for research conducted under the George Mason University Human Subjects Review Board is incorporated by reference into the Terms of Use and this Consent form is located at http://www.proactivesleep.com/consent.php. Please read the terms of these documents carefully as You agree to them when You agree to the Terms of Use. As long as You comply with the Terms of Use, Proactive Life grants You a personal, non-exclusive, non-transferable, limited privilege to use Proactive Sleep on 1) an Apple iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service or 2) any phone running Google Android. Subject to the Terms of Use. Support and maintenance of Proactive Sleep is provided by Proactive Life. In no event shall Apple, Google, or any other Proactive Life licensors have any obligation with respect to maintenance and support services for Proactive Sleep.

2. Your Conduct.


You agree not to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Proactive Sleep (b) interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (c) impose an unreasonable load on the Site's infrastructure, (d) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (e) delete or alter any material posted on the Site by Proactive Life or any other person or entity, and/or (f) use profanity in any communications with other Users.

This Site contains material, including but not limited to software, text, graphics, images, reports, charts, graphics, and data files, some of which may be based on or include data provided by you to us pursuant to the provisions of the Privacy Policy (collectively referred to as the "Content"). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. The Content is protected by United States and foreign intellectual property laws.

You hereby grant us a perpetual, irrevocable, royalty-free right and license to use any Content provided by you, for any purposes that are consistent with the Privacy Policy. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under this Agreement. However, you may use the Content for your own limited, personal, and non-commercial purposes. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content. Some of the trademarks, service marks, and logos of Proactive Life (the "Proactive Life Trademarks") used and displayed on this Site are registered and unregistered trademarks or service marks of Proactive Life. Other Proactive Life products, and service names located on the Site may be trademarks or service marks owned by third-parties (the "Third-Party Trademarks", and, collectively with Proactive Life Trademarks, the "Trademarks").

You are not granted any license or right to use any Trademark displayed on this Site without the prior written consent of Proactive Life specific for each such use. The Trademarks may not be used to disparage Proactive Life or the applicable third-party, Proactive Life's or third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any web site is prohibited without Proactive Life's prior written consent.

The Site or Proactive Sleep is for use by users who are eighteen (18) years of age or older. Users under the age of eighteen (18) are not permitted to use the Site or Proactive Sleep without the consent of a parent or legal guardian. By using the Site or Proactive Sleep, you represent that you are at least eighteen (18) years of age, or that you have the consent of a parent or legal guardian. If you are a parent or legal guardian of a child who is using Proactive Sleep and you wish Proactive Life disable your child's account, please email Proactive Life at legal@proactivesleep.com and request that your child's account be disabled.

3. Advertising, Linking, and Framing.


The Site may contain information about, links to and/or advertisements for web sites operated by other parties (the "Third Party Sites"). In addition, emails sent to users of this Site may contain information about, links to and/or advertisements for Third Party Sites. The information provided about, links to and advertisements concerning Third Party Sties are provided for your convenience only. Proactive Life is not responsible for the content of linked Third Party Sites, sites framed within the Site or third party advertisements on the Site, and/or emails sent from this Site. Proactive Life does not make any representations regarding their content or accuracy. Your use of Third Party Sites is at your own risk and subject to the terms and conditions of use of such sites.

4. Disclaimer of Warranties.


YOU ACKNOWLEDGE THAT PROACTIVE LIFE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "PROACTIVE LIFE PARTIES") HAS OFFERED PROACTIVE SLEEP AND ENTERED INTO THE TERMS OF USE WITH YOU IN RELIANCE UPON THESE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PROACTIVE LIFE AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PROACTIVE LIFE. PROACTIVE LIFE WOULD NOT PROVIDE PROACTIVE SLEEP TO YOU WITHOUT THESE DISCLAIMERS AND LIMITATIONS ON LIABILITY.

PROACTIVE LIFE AND THE PROACTIVE LIFE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. THE PROACTIVE LIFE PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FOR WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE, THE CONTENT, AND PROACTIVE SLEEP AT YOUR OWN RISK. THE PROACTIVE LIFE PARTIES DO NOT WARRANT THAT THE SITE OR PROACTIVE SLEEP WILL OPERATE ERROR FREE, OR FREE OF COMPUTER VIRUSES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO PROACTIVE LIFE PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS. THE SITE AND CONTENT ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND.

The Content on this Site and use of the Proactive Sleep are presented in a summary fashion and are intended for educational and informational purposes only. They are not intended to be and should not be interpreted as a recommendation for a specific treatment plan, course of action, or as a healthcare provider. THE SITE AND PROACTIVE SLEEP DO NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDED LINKED TO, ADVERTISED ON THIS SITE. NEITHER THE SITE NOR PROACTIVE SLEEP ARE MEDICAL DEVICES OR MEDICAL PROGRAMS AND ARE NOT INTENDED FOR THE DIAGNOSIS OR TREATMENT OF SLEEP DISORDERS. IF YOU SUSPECT THAT YOU MAY HAVE A SLEEP DISORDER, CONSULT YOUR PHYSICIAN. You should not use the Site or Proactive Sleep to diagnose a health or fitness problem or disease. Use of the Site or Proactive Sleep do not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. You exercise your own judgment when purchasing any product or selecting a physician from this Site and/or any Third Party Site and we disclaim all responsibility for the professional qualifications and licensing of, and services provided by any physician or other health provider referred to on this Site and/or any Third Party Site. We strongly urge you to visit with a physician or health professional if you suspect you are ill. Never disregard the medical advise of a physician or health professional, or delay in seeking such advice, because of something you read in the Content.

5. User Submissions.


You hereby acknowledge and agree that Proactive Life does not guarantee any confidentiality or anonymity with respect to any User Submissions. You will be solely responsible for your own User Submissions. You represent and warrant that: You own or have the necessary licenses, rights, consents, and permissions to use and authorize Proactive Life to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by Proactive Sleep and the Terms of Use.

If you submit unsolicited information and feedback, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names (collectively, "Feedback"), you are agreeing that the following terms shall apply to your Feedback: (1) Proactive Life, and our designees, may use or redistribute the Feedback and/or any portions thereof for any purpose, including commercial purposes, and in any way; without compensation to you (2) there is no obligation for Proactive Life to review the Feedback and/or provide you with any commentary regarding the same; and (3) there is no obligation to keep any Feedback confidential.

Proactive Life reserves the right to remove or decline to post any User Submissions at any time, for any reason (or for no reason), without notice and at its sole discretion, including if it determines that the User Submissions are inappropriate or fail to comply with the Terms of Use. PROACTIVE LIFE HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER USER THIRD PARTY OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES. Proactive Life is not responsible for the back-up of any of User Submissions or any lost data resulting from the use, operation or discontinuation of any aspect of Proactive Sleep. You are solely responsible for maintaining back-ups of Your User Submissions and any information generated or stored through the use of Proactive Sleep.

6. Proactive Sleep Forum and Email Support.


Users who use the Proactive Sleep Forum or send email to Proactive Sleep staff are required to agree to the following additional terms and conditions that govern all communications on the Parallel Kingdom Forum between the Users and other Users or Proactive Life and the ownership of any such communications as consideration for the privilege of being permitted to contribute to the Proactive Sleep Forum: You hereby acknowledge and agree that any notes, e-mails, online messages, bulletin board or chatroom postings, ideas, suggestions, concepts, designs, or other material ("Material") You submit to any physical Proactive Life company address, to any website owned or controlled by Proactive Life, or to any e-mail addresses contained in or on those web sites (each a "Proactive Life Location") and that You submit in your capacity as an User, in Proactive Life's sole discretion, shall be the property of Proactive Life.

Although Proactive Life has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (i) monitor the Submissions; (ii) alter, edit, or remove any Submission in whole or in part; or (ii) disclose any Submissions. The Submissions posted on the Site by users do not indicate any approval or endorsement by Proactive Life of such Submissions. Proactive Life is not responsible for, and hereby disclaims any and all liability that may arise from the Submissions.

You agree that you are responsible for your own use of the Site for any Submission you make, and for any consequences thereof. You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control law. You agree to treat any communication or information you receive from Proactive Life or Proactive Sleep posted by Proactive Life or Proactive Sleep in a private forum as confidential ("Confidential Information") and refrain from sharing it with any third parties, including other Users and Proactive Life competitors. Such Confidential Information may include without limitation, previews of designs or models, software, source code and marketing information.

You agree NOT to: (i) Post any private information, or otherwise harvest, collect or disclose information, about another without his or her express consent (ii) Use the Site for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations; (iii) Impersonate any person or entity, including any Proactive Life employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; (iv) Imply that Proactive Life endorses any of your statements or positions; (v) Delete or alter any material posted by any other person or entity. If You do not agree to these Proactive Sleep Forum terms, you should not use the Proactive Sleep Forum and you should contact Proactive Life immediately by sending an email to legal@proactivesleep.com

7. Limitation of Liability.


TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL PROACTIVE LIFE BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR PERSONAL INFORMATION; (C) YOUR INABILITY TO USE PROACTIVE SLEEP; (D) PROACTIVE SLEEP GENERALLY; (E) THE SOFTWARE OR SYSTEMS THAT MAKE PROACTIVE SLEEP AVAILABLE; (F) YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT LOGIN AND PASSWORD INFORMATION; OR (F) ANY OTHER INTERACTIONS WITH PROACTIVE SLEEP, PROACTIVE SLEEP USERS, OR THIRD PARTIES IN CONNECTION WITH PROACTIVE SLEEP. THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF PROACTIVE SLEEP OR A PROACTIVE SLEEP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF USE AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL PROACTIVE LIFE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE GREATER OF THE AMOUNT PAID BY THE USERS TO USE PROACTIVE SLEEP OR $50.

YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, PROACTIVE SLEEP, SHALL BE FOR YOU TO DISCONTINUE USE OF PROACTIVE SLEEP.

TO THE EXTENT THAT THERE ARE CLAIMS NOT COVERED BY THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS HEREIN, PROACTIVE LIFE, NOT APPLE OR GOOGLE IS RESPONSIBLE FOR ADDRESSING ANY OF SUCH CLAIMS RELATED TO PROACTIVE SLEEP OR THE POSSESSION AND/OR USE OF PROACTIVE SLEEP, INCLUDING BUT NOT LIMITED TO (A) PRODUCT LIABILITY CLAIMS; ANY CLAIM THAT PROACTIVE SLEEP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATOR REQUIREMENT; AND (C) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

IN THE EVENT OF ANY THIRD PARTY CLAIM, NOT COVERED BY THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATIONS HEREIN, THAT PROACTIVE SLEEP OR YOUR POSSESSION AND USE OF PROACTIVE SLEEP INFRINGES THAT THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, PROACTIVE SLEEP, NOT APPLE OR GOOGLE, WILL BE SOLELY RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT AND DISCHARGE OF ANY SUCH INTELLECTUAL PROPERTY INFRINGEMENT CLAIM.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE PROACTIVE LIFE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

8. Indemnification.


You agree to indemnify, defend at Proactive Life's request, and hold harmless Proactive Life, its affiliates, officers, directors, employees and agents (the "Indemnified Parties") from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, expenses and any other liabilities (including attorney's fees, litigation expenses and settlement amounts) arising from or related to (a) Your use or misuse of any Sleep Information or Proactive Sleep generally; (b) any violation of the rights of, or injury to, any other person or entity either directly or indirectly caused by You; (c) any breach or violation by You of the Terms of Use; (d) Your use of Proactive Sleep to awaken in the morning; (e) Your use of Proactive Life to change your sleeping habits; (f) Your use of, or inability to use, Proactive Sleep; (g) any of Your User Submissions; Your infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (h) any product listed or sold by You in connection with Proactive Sleep, including any personal injury, death or property damages caused by any product, or any other product liability, defect, or other claim that any product caused damage to a third party; or (I) any negligence or willful misconduct by You. You agree not to settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.

9. Termination of the Agreement.


Deactivation. You may deactivate Your Proactive Sleep account at any time, for any reason.

Termination. Proactive Life reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. Proactive Life reserves the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability. It may also block Your access to Proactive Sleep in the event that: (a) You breach the Terms of Use; or (b) We are unable to verify or authenticate any information You provide to us.

Effects of Termination. Sections 2 (Use of the Site), 4 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 9.2 (Termination of Agreement), and 14 (General) shall survive the termination of this Agreement.

Modification. Proactive Life may at any time modify Proactive Sleep, and do so without notice to You.

10. User Must Comply with Applicable Laws.


This Site is hosted in Wisconsin. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

11. Digital Millennium Copyright Act


Proactive Life respects the intellectual property of others and requires that You do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, We will respond expeditiously to notices of alleged copyright infringement that are duly reported to Our Designated Copyright Agent identified in the notice below. We will disable and/or terminate the accounts of Users who are repeat infringers. If You believe Your content has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Our designated Copyright Agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing 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 service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;

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

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.

Proactive Sleep's designated Copyright Agent to receive notifications of claimed infringement is: Daniel Gartenberg legal@ProactiveSleep.com or mail to 22 Canterbury Lane, Belle Mead, NJ. 08502. You acknowledge that if You fail to comply with all of the requirements of this Section 5(D), Your DMCA notice may not be valid. We may give notice to Our Users of any infringement notice by means of a general notice on any of Our websites, electronic mail to a User's e-mail address in Our records, or by written communication sent by first-class mail to a User's physical address in Our records. If You believe that Your User Submission that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in Your User Submission, You may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a Federal District Court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which We may be found, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

12. U.S. Government Restricted Rights.


The Content is provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Site or Content by the Government constitutes acknowledgement of our proprietary rights in the Site and Content.

13. Ability to Accept Terms of Use


You affirm, represent and warrant that You are 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

14. General


The Terms of Use will be governed by the laws of the State of Wisconsin, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of Dane County, Wisconsin. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to You or delegate any of Your duties hereunder and any attempt to do so is void and of no effect. Proactive Life may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Agreement. Nothing in this Agreement shall constitute a partnership or joint venture between You and Proactive Life. Proactive Life does not guarantee continuous, uninterrupted or secure access to Proactive Sleep, and use of Proactive Sleep may be interfered with by numerous factors outside of Our control. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. Additionally any provision that was, by its nature, intended to survive termination of the Terms of Use will so survive. If any provision of the Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. Proactive Life is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.

15. Third Party Beneficiary


You and Proactive Life acknowledge and agree that Apple, and Apple's subsidiaries, and Google, and Google's subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary of the Terms of Use.

Proactive Sleep ™ is a Proactive Life product.
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