TERMS OF USE

Effective Date: August 8, 2018

This website (“Site”) is the property of Serenia Labs LLC (“Company,” or “we,” or “us,”

or “our”). Please read these terms of use (“Terms”) before using this Site. Individuals

must be 18 years of age or older to use this Site and you warrant that you are 18 years of

age or older. By accessing and using this Site, you unconditionally agree to be bound by

these Terms and all policies herein. If you do not agree to these Terms, do not access or

use the Site. We may revise and update these Terms at any time. All users agree to be

bound by any and all revisions and should periodically revisit this page to review the then

current Terms.

Copyright and License

Copyright covers most of the contents of the site, including, without limitation, the

design, source code, text, graphics, images, photographs, video and audio files, other

files, and data (collectively, the “Content”), and the selection, arrangement, structure,

coordination, and “look and feel” thereof, are the property of Company, ALL RIGHTS

RESERVED Copyright © 2018 Serenia Labs LLC. You are granted a limited, nonsublicensable

right to access this Site, and print the Content information published on this

Site for your personal, non-commercial, and informational use in accordance with the

Terms herein. The foregoing license grant does NOT include the right for you to:

• Publicly perform, display, or publish any Content on broadcast, digital media, or

commercial print publications media, or make other derivative uses of the Site or

the Content.

• Sell, market, distribute, or make commercial use of the Site or any Content.

• Use frame or framing techniques to enclose any portion of this Site (including the

images, graphics, or video found at this Site, any text, or the layout/design of any

page or form contained on a page).

• Collect and/or use any Content including the use of any robots, data spiders, or

similar data gathering, mining or extraction methods.

Except for the limited license granted to you, you are not conveyed any other right or

license by implication, estoppel, or otherwise in or under any patent, trademark,

copyright, or proprietary right of Company or any third party.

Trademarks and Service Marks

The names Serenia®, Restful Sleep® and Botanyst® are registered trademarks of

Company, and all of the other names and logos used on the Site to identify our blogs,

products, product features, merchandise or services, are all trademarks of Company (or,

in a few cases, our suppliers or business partners). All slogans and our logos on this Site

are either trademarks, service marks, or registered trademarks of Company or its

suppliers and licensors and are the property of Company. Unauthorized use, whether or

not such use is tied to any commercial endeavors, is strictly prohibited. You may not use

any metatags or any other “hidden text” utilizing Company or any other name, trademark,

or product name of Company without our written permission. In addition, all page

headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or

trade dress of Company, and may not be copied, imitated, or used, in whole or in part,

without our prior written permission. All other trademarks, registered trademarks,

product names and company names or logos mentioned herein are the property of their

respective owners. Reference to any products, services, processes, or other information,

by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or

imply endorsement, sponsorship or recommendation thereof by us.

Use of Site Information and Products

The Content and products on this Site, including any information that may be contained

in or on a product’s packaging or label, are not a substitute for advice from a physician or

health care professional, or for legal advice from an attorney. Company’s experts offer

their recommendations on this Site as "generally informational" only. Moreover, all

Content contained on this Site is offered on an informational basis only and is not

intended as applicable to any individual's medical problem(s), concerns or needs. If you

choose to utilize any information provided by our experts, their editors or any other

employees of Company, you do so solely at your own risk. No Content on this Site is

intended to be a substitute for professional medical advice, diagnosis or treatment.

Users should NOT use the information on this Site for diagnosis or treatment of any

health problem.

You acknowledge that the use of the Content contained on this Site requires judgment

and analysis, and you hereby warrant and represent to Company that you retain the

necessary judgment to use the Content and the products in a reasonable manner.

If you think you may have a medical emergency, call your doctor or your local health

emergency service immediately. When using this Site, as with all matters concerning

your health in general, you should always seek the advice and guidance of a qualified

health provider before: making any adjustment to any medication or treatment you are

currently using; stopping any medication or treatment you are currently using; and

starting any new medication or treatment, whether or not it was discussed on this Site.

Content contained on this Site is not written for and may not be suitable for

children.

Privacy

By using cookies and other methods, this Site automatically recognizes the user’s IP

address and collects information on which pages are visited and other aggregate

information. Static IP addresses are considered personal information. For mobile users

accessing the Site, we automatically collect your Unique Device Identifier which is also

considered personal information. However, the user cannot be recognized as a specific

individual simply from a Static IP address or Unique Device Identifier. Company collects

personally identifiable information volunteered by the user for promotions, e-commerce,

or interactive elements. Company may share your personally identifiable information

with authorized third parties in order for Company to provide services to you. Aside from

authorized third parties, Company will not release credit card, financial, survey, or

aggregate information to any third parties. For more information regarding Company’s

privacy policy, please visit our privacy page.

Online Purchases

You must be 18 years of age (or the age of majority in your state) to purchase Company’s

products or merchandise. Company reserves the right to modify, suspend, or terminate

any and all promotions, offers, prices, or sales due to circumstances that may limit or

otherwise restrict Company’s ability to fulfill an order including, but not limited to: (i)

technical, hardware, or miscellaneous software malfunctions; viruses; network or

electronic malfunctions of any kind; and (ii) any human error that may occur regarding

promotions, offers, or sales.

Subscription Program Terms

If you are placing an order online or by telephone as

part of our Subscription Program, your membership in the program will remain in effect

until it is cancelled. We may, in our sole discretion, terminate your membership in the

program at any time without notice to you.

IF YOU ARE A MEMBER OF OUR SUBSCRIPTION PROGRAM AND YOU HAVE

PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE

PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT

THE TIME OF EACH SUCCESSIVE SHIPMENT OF PRODUCT AND WILL BE BILLED

TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR

INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR

PARTICIPATION IN OUR SUBSCRIPTION PROGRAM, YOU MAY DO SO BY

CALLING A CUSTOMER SERVICE REPRESENTATIVE AT (833) 283-2477 OR BY

LOGGING IN TO YOUR SERENIA ACCOUNT AND FOLLOWING THE

INSTRUCTIONS FOR CANCELLATION.

You are obligated to provide current, complete, and accurate information for your billing

account. You are responsible for promptly updating all information to keep your billing

account current, complete, and accurate. You must promptly notify us if your credit card

information is cancelled or is no longer valid. Changes to your credit card information

can be made by calling a customer service representative at (833) 283-2477. If you fail

to timely update your credit card information or otherwise fail to timely pay all amounts

due in connection with your subscription, your membership in our Subscription Program

may be terminated at our discretion and your account may be sent for collection.

Use of Material Submitted to Company (User Generated Content, “UGC”)

In the event that Company provides for, or otherwise permits, users to submit UGC to the

Site or to Company’s social media platforms, you will retain your ownership interest in

all UGC or files provided by you to Company via social media postings, forums, uploads,

postings, and/or by email, mobile apps, text messaging, mail, or otherwise, including any

text, photos, artwork, videos, audio clips, comments, questions, suggestions, thoughts, or

the like (collectively, the “Material”), and in any ideas, concepts, knowledge, or

techniques (“Information”) contained in the Material. You hereby grant Company and its

agents, affiliates, successors and assigns, a universal, non-exclusive, irrevocable, fullypaid

and royalty-free, sublicensable and transferable license in perpetuity to use and/or

edit all submitted Material in any manner and for any purposes on the Site and

Company’s social media platforms. All such Material and Information is, and will be

treated as, non-confidential and non-proprietary. Company retains the right to edit all

submitted Material in any manner and for any purpose, but is under no obligation to do

  1. Company may not be able to review all Material submitted and nothing herein

requires Company to use, review or distribute Material provided by a user. You represent

and warrant that prior to submission, you own the Material and Information submitted by

you, or that you otherwise have the right to grant use thereof as set forth in this section,

and that the posting of said Material and/or Information on the Site does not violate the

privacy rights, publicity rights, copyright, contract rights or any other rights of any person

or entity. Company reserves the right to use the Material and Information for any

purpose, including, but not limited to, posting, reproduction, disclosure, distribution,

transmission, publication, and broadcast. Nothing herein requires Company to use,

review or distribute the aforementioned Material and Information provided by a user.

Company reserves the right to use any ideas, concepts, knowledge, or techniques

contained in the Material or Information that users provide, for any purpose, including,

but not limited to, developing, manufacturing and marketing products or services using

such information, and the user understands there shall be no consideration, royalties or

other compensation from Company, its agents, affiliates or assigns for use of said

Material or Information. Further, by providing Material and/or Information to the Site,

each user and his/her respective heirs, hereby indemnify, discharge, release, and hold

Company, together with its parent, subsidiaries, affiliates, successors and assigns, and the

respective directors, officers, members, managers, shareholders, employees, attorneys,

accountants, business managers, agents and representatives of each of the foregoing

(collectively, the “Released Parties”), harmless from any action and/or liability, in any

form or manner, arising from any infringement of any third party’s rights, inclusive of

attorneys’ fees and costs in connection with the Material and/or Information. In addition,

you, on behalf of yourself and your spouse, family members, heirs, beneficiaries, estates,

executors, agents, representatives, successors and assigns, forever releases and discharges

absolutely Company and the Released Parties of and from any and all obligations, losses,

damages, agreements, liabilities, demands, costs, expenses, claims and causes of action,

whether direct or indirect, known or unknown, suspected or unsuspected, matured or

unmatured, of any kind or nature whatsoever, at law or in equity, in any way arising

from, concerning or pertaining to any and all matters involving the Material and

Information.

In the event that any submitted Material is embedded or otherwise hosted on a third party

server (e.g., a YouTube® video), said content shall be in compliance with the external

site’s terms and conditions.

Unauthorized Use Prohibited

You will not include any unrelated or otherwise inappropriate commercial

advertisements, “spam,” or other solicitations in any manner relating to other websites,

products, or services in the Material. In addition, you will not post Material or

Information resulting from unauthorized use, or impersonation, of another user’s identity,

name, screen-name, or persona; however, Company is not responsible for screening for

any such conduct. Company is not liable for any losses of any kind, including, without

limitation, consequential or special damages, caused by any unauthorized use of a user’s

identity, name, screen-name, persona, or account, and you may be liable for the losses of

Company or others due to such unauthorized use.

Company reserves the right to remove and/or disregard any Material or Information it

deems to be offensive, defamatory, indecent, disparaging, obscene, pornographic,

abusive, harassing, illegal, or an invasion of privacy, or which in any manner violates

these Terms. As applicable, Company reserves the right to remove a user’s account and

terminate its participation at any time for violating these Terms. Please report abuse to

Company webmaster at info@serenialabs.com. Subject: Report Abuse.

Use of Medical Information Submitted to Company

To the extent any user submits to the Site any medical records, medical files and/or

medical information (“Medical Information”), users shall do so only if such submission is

in compliance with all applicable laws, rules and regulations, including, without

limitation, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and

does not violate the privacy rights or any other rights of any person or entity. By

submitting Medical Information to the Site, such user agrees that Company shall have the

right to use the Medical Information for any purpose, including, but not limited to,

posting, reproduction, disclosure, distribution, transmission, publication and broadcast. In

such instance, such user, on behalf of such user and such user’s spouse, family members,

heirs, beneficiaries, estates, executors, agents, representatives, successors and assigns,

forever releases and discharges absolutely Company and the Released Parties of and from

any and all obligations, losses, damages, agreements, liabilities, demands, costs,

expenses, claims and causes of action, whether direct or indirect, known or unknown,

suspected or unsuspected, matured or unmatured, of any kind or nature whatsoever, at

law or in equity, in any way arising from, concerning or pertaining to any and all matters

involving the Medical Information.

Third Party Links

Company may provide links to websites and other content of third parties as a service to

those interested in this information. However, we make no claim or representation

regarding, and accept no responsibility for, the quality, content, timeliness, nature or

reliability of websites accessible by hyperlink from this Site. The linked websites are not

under our control and we are not responsible for their content. We are providing these

links to you only as a convenience to you, and the inclusion of any link does not imply

affiliation, endorsement, or adoption by us of the site or any information contained

therein. When leaving this Site, you should be aware that our terms and policies no

longer govern, and, therefore, you should review the applicable terms and policies,

including privacy and data gathering practices, of that website.

No Warranties

THIS SITE, AND THE CONTENT AND MATERIAL CONTAINED THEREIN, ARE

PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,

EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS

SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY,

DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR

SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED IN THE SITE, WE DISCLAIM

ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, TITLE, NON-INFRINGEMENT AND THE SATISFACTION OF

GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION

ON PRESCRIPTION DRUG PRODUCTS RELATED TO THE INFORMATION,

MATERIALS, CONTENT OR GOODS PURCHASED THROUGH THE SITE. WE

DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE

ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR

UNINTERRUPTED. WE DO NOT PROMISE THAT ANY DEFECTS WILL BE

CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC

RESULTS. SOME STATES DO NOT ALLOW LIMITATIONS OR EXCLUSIONS ON

WARRANTIES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO CERTAIN

USERS. IN ANY SUCH JURISDICTION, THE ABOVE EXCLUSIONS AND

LIMITATIONS SHALL INSTEAD BE IMPUTED AS REWRITTEN SO AS TO

APPROXIMATE THE ABOVE EXCLUSIONS AND LIMITATIONS TO THE

FULLEST EXTENT PERMISSIBLE BY THE LAWS OF SUCH JURISDICTION.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS

RELATING TO THE CONTENT OR MATERIAL, INCLUDING ANY SUCH

ERRORS OR OMISSIONS RELATING TO PROMOTIONS, OFFERS, OR SALES ON

THE SITE. WHILE WE ATTEMPT TO ENSURE THAT YOUR ACCESS AND USE

OF THE SITE IS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT

THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALL USERS ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES OF

AMERICA ASSUME FULL RESPONSIBILITY FOR COMPLIANCE WITH LOCAL

LAWS, IF APPLICABLE.

Limitation of Liability

IN NO EVENT SHALL COMPANY OR THE RELEASED PARTIES BE LIABLE TO

YOU OR TO ANY THIRD PARTY FOR THE USE OR INABILITY TO USE THE

CONTENT OR THE SITE, OR FOR ANY LOSSES, DAMAGES OR PERSONAL

INJURY, INCLUDING DEATH OR DISABILITY, CAUSED BY YOUR USE OR

MISUSE OF THE CONTENT OR THE SITE.

IN NO EVENT SHALL COMPANY OR THE RELEASED PARTIES BE LIABLE TO

YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,

EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING

LOST PROFITS, ARISING FROM YOUR USE OF THE SITE, EVEN IF COMPANY

AND THE RELEASED PARTIES HAVE BEEN EXPRESSLY ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE

CONTRARY CONTAINED ELSEWHERE IN THESE TERMS, THE COMPANY’S

AND THE RELEASED PARTIES’ LIABILITY TO YOU FOR ANY CAUSE

WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT

ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO

COMPANY FOR ACCESS TO AND USE OF THE SITE.

Indemnification

In using this Site and/or purchasing Company’s products, users expressly waive any and

all claims that they may have against Company and the Released Parties. You agree to

indemnify, defend, and hold Company and the Released Parties, together with their

respective licensees and suppliers, harmless from and against all losses, expenses,

damages and costs, including, without limitation, reasonable attorneys' fees, resulting

from any violation of these Terms, any activity related to your account (including

negligent or wrongful conduct) by you or any other person accessing the Site using your

account, or any use or misuse or exploitation of the Content, the Site, the Material,

Information and/or Medical Information. You agree to be solely responsible for payment

of all sums owing to any person or entity by virtue of the use or exploitation of the

Materials and Information on the Site.

Governing Law

The parties agree that the substantive law governing the Terms, including any claim,

dispute, or controversy arising between Company and you hereunder (whether in

contract, tort, or otherwise, whether preexisting, present or future, and including

statutory, common law, and equitable claims), shall be the laws of the State of Florida,

without giving effect to any conflict of law provisions thereof.

Arbitration

Users agree that all claims, disputes or controversies shall be resolved by final and

binding arbitration in Boca Raton, Florida. You and Company are agreeing to forego

any rights to litigate claims in a court or before a jury or to participate in a class

action or representative action with respect to a claim. Other rights that you would

have if you went to court, such as access to discovery, may also be unavailable or

may be limited in arbitration. This arbitration contract is made pursuant to a transaction

in interstate commerce and its interpretation, application, enforcement and proceedings

hereunder shall be governed by the federal arbitration act (“FAA”), and conducted by the

American Arbitration Association’s (“AAA”) United States Commercial Dispute

Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes.

These rules and procedures are available by calling AAA at 800-778-7879 or by visiting

www.adr.org.

  1. Before commencing any arbitration proceedings, you must first present the claim

or dispute to Serenia Labs LLC at info@serenialabs.com and allowing Serenia

Labs LLC the opportunity to resolve the claim or dispute. If your claim or dispute

is not resolved within sixty (60) days, you may commence arbitration proceedings

in accordance with the Terms.

  1. The arbitration of any claim or dispute shall be conducted pursuant to the

American Arbitration Association’s (“AAA”) United States Commercial Dispute

Resolution Procedures and Supplementary Procedures for Consumer-Related

Disputes. These rules and procedures are available by calling AAA at 800-778-

7879 or by visiting its web site at www.adr.org.

  1. The arbitration of any claim or dispute shall be conducted by one arbitrator who is

independent and impartial.

  1. The exchange of information and timing of the arbitration shall be supervised by

the arbitrator and shall be in accordance with procedures provided by the

arbitrator.

  1. The arbitration of any claim or dispute and the resolution or settlement thereof

shall be confidential and shall not be disclosed by the parties to any third parties

other than their respective professional representatives.

  1. Each party shall have the right, at their own expense, to be represented by an

attorney (or other spokesperson if permitted by law) of their own choosing.

  1. All administrative expenses of arbitration proceedings commenced under this

Agreement shall be divided equally between you and Serenia Labs LLC, except

that: (a) if the claim or dispute that is the subject of the arbitration proceedings is

less than ten thousand dollars (US $10,000), you will be responsible for no more

than one hundred twenty-five dollars (US $125) in administrative expenses; (b) if

the claim or dispute that is the subject of the arbitration proceedings is more than

ten thousand dollars (US $10,000) but less than seventy-five thousand dollars (US

$75,000), you will be responsible for no more than three hundred seventy-five

dollars (US $375) in administrative expenses; and (c) if the claim or dispute that

is the subject of the arbitration proceedings is more than seventy-five thousand

dollars (US $75,000) or non-monetary, then you will be responsible for

administrative expenses in accordance with the Commercial Fee Schedule

provided by the AAA. You acknowledge and agree that each party shall pay the

fees and costs of its own counsel, experts and witnesses.

NEITHER USER NOR COMPANY SHALL BE ENTITLED TO JOIN OR

CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER

CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR

MEMBER OF A CLASS.

Further, in any such dispute, under no circumstances will users be permitted to obtain

awards for, and they hereby waive all rights to claim, punitive, incidental or

consequential damages (including reasonable attorneys' fees and costs), other than actual

out-of-pocket expenses, and they further waive all rights to have damages multiplied or

increased. You agree that the only damages to which you will be entitled shall be your

actual damages associated with the Terms, subject to the limitations as set forth in

Limitation of Liability above.

You may opt out of the Arbitration Provision.

You acknowledge and understand that this opt out provision is only effective in the event

you notify Company in writing at info@serenialabs.com within 30 calendar days

from the date of first use of the Site.

Miscellaneous

If any of the provisions of these Terms are held by a court or other tribunal of competent

jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum

extent necessary and replaced with a valid provision that best embodies these Terms.

Digital Millennium Copyright Act

Company provides the Site as an interactive service provider and is not liable for any and

all claims resulting from the use of Material or Information. Pursuant to the Digital

Millennium Copyright Act, if a user feels unauthorized Material or Information has been

posted on this Site, please notify us by mail at info@serenialabs.com

attention Copyright Department, or by email at info@serenialabs.com with

the subject line stating “Copyright.” The DMCA notice MUST include the following: (i)

a detailed description of the alleged infringement; (ii) the copyright owner’s name or who

otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be

located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how

you may be contacted; and (vi) the following statement:

I have a good faith belief that use of the copyrighted material described above is not

authorized by the copyright owner or its agent, nor is such use otherwise permissible

under law. I declare, under penalty of perjury, that the information presented herein is

accurate, that I am authorized to represent the copyright holder, and I have a good faith

belief that the use is infringing.