Terms & Conditions
Welcome to KTFO Sleep. KTFO Sleep is a Biotechnology company based in San Leandro, California. Our mission is to promote healthy sleep behavior. On behalf of our team, we invite and encourage You to familiarize Yourself with our terms and conditions.
This Terms and Conditions (“Agreement”) contains the terms and conditions of Your agreement with KTFO Sleep and constitutes a legally binding agreement under which KTFO Sleep sells products to You. In this Agreement the terms “We”, “Us”, “Our” and “KTFO Sleep” shall refer to and mean KTFO Sleep and the terms “You”, “Your”, and “Customer” shall refer to any person that accesses this Site and/or purchases any products. It is important that You read this Agreement carefully as it contains information regarding Your legal rights, and contains, amongst other terms, an arbitration clause which may affect these rights.
If You are a new or existing Customer, You accept these terms and conditions and You agree to comply with all applicable local, State and Federal laws and Our policies if You do any of the following: (a) give Us electronic or written signature or orally accept these terms and conditions; or (b) purchase and pay for one or more of our products. If You do any of the foregoing, You are agreeing to be bound by the terms and conditions of this Agreement. This Agreement makes up the entire agreement between Us and replaces all other written and oral agreements. You cannot rely on any contradictory or inconsistent statements made by sales representatives or agents of KTFO Sleep. KTFO Sleep reserves the right to terminate Your use of this site at any time without notice and may do so for any breach of this Agreement.
You agree that the copyrights, trademarks, design marks, trade dress and logos (“Trademarks”) used by Us on this website are registered and/or unregistered intellectual property of KTFO Sleep. You further agree not to infringe, misappropriate or otherwise injure the intellectual property rights or good will of KTFO Sleep or any third party. Except for a limited license to use Our products arising out from the sale of a product, Your purchase of KTFO Sleep products does not grant any license or right to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of KTFO Sleep or other related products, including the content of this website or any marketing materials emailed to You by KTFO Sleep. You agree that a violation of this section is harmful to KTFO Sleep and cannot adequately be redressed by money damages, and that KTFO Sleep shall be entitled to immediate injunctive relief in addition to all other remedies available.
Any health related content, information or materials contained on the Site is provided to You for informational purposes only and should not in any way be relied upon by You as a substitute for the advice of Your medical or other health care professional. You are urged to seek the advice of a medical doctor or other health care professional and You should not use the content, information, products or materials contained on the Site for diagnosing, treating, curing or preventing any disease, condition or health matters, including but not limited to if You are pregnant, nursing, taking medication, or have a history of heart conditions. Information, content and statements made by Us on the Site have not been evaluated by the Food and Drug Administration and the products purchased by You on the Site are not intended to diagnose, treat, cure or prevent any disease. The results on all products are not typical and not everyone will experience these results.
Pricing and Availability of Products
Prices and availability of products on the Site are subject to change without notice. Any pricing or other error on the Site shall be corrected and You shall be notified of any change in pricing prior to shipment of Your order. In the unlikely event that You order a product and receive a shipment confirmation but the product is no longer available in our inventory, You agree that We may rescind Our acceptance of Your order and cancel Your order, with a full refund and without any penalty due to the product being unavailable or You will have the option to wait for Your order to be restocked and delivered to You upon availability.
DISCLAIMER OF WARRANTIES
This Site and all the information, materials, contents, services, if any, and products included or otherwise made available to You on or through the Site are provided by Us or our third party affiliates or partners “AS-IS”, “AS AVAILABLE”, unless otherwise provided to You in writing and without any representations or warranties of any kind, whether express or implied, as to the operation of this Site, the contents, information, materials, services, if any, and products made available to You. To the full extent permissible under applicable law, KTFO Sleep disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KTFO Sleep disclaims any representations or warranties that the Site or any functions on the Site will be error-free, uninterrupted or free from viruses or other harmful components or that the defects will be corrected. Disclaimer of warranties is not permitted by certain states and as such if You are subject to such laws, the disclaimers do not apply to You and You may have additional rights and remedies in accordance with the law.
Our products are made available to You on Our Site for personal use only and should not be used for commercial or business use or application, including but not limited to commercial resale or export outside the country of purchase.
Limitation of Liability
KTFO Sleep, its employees, officers, directors, licensors or affiliates shall not be liable to any party for punitive, special or consequential damages arising out of the use of this Site, any content, information, material on the Site or any products purchased by You on the Site, even if We have been advised of the possibility of such damages. Disclaimer of warranties is not permitted by certain states and as such if You are subject to such laws, the disclaimers do not apply to You and You may have additional rights and remedies in accordance with the law.
KTFO Sleep and You hereby agree to first contact each other regarding any disputes, involving the products purchased, or other issues related to this Agreement. You must contact Us with any such dispute by first sending an email to [email protected]. Please state the nature of Your dispute and We will direct You to where You should send any backup documentation necessary to review Your claim. Should We need to reach You, We will contact You using the last contact information contained in Your account information. We each agree to negotiate in good faith to resolve any dispute.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS, EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR KTFO SLEEP PRODUCTS, THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM IN GOOD FAITH. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. This provision is intended to encompass all disputes or claims arising out of Your relationship with KTFO Sleep, arising out of or relating to the purchase of any products by You from KTFO Sleep, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. Notwithstanding, nothing contained in this arbitration provision shall preclude KTFO Sleep from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of any product purchased by You, in state or federal court. All claims will be resolved by binding arbitration where permitted by law. The arbitration of any dispute or claim shall be conducted by one neutral arbitrator in accordance with the rules and regulations of American Arbitration Association (“AAA”). You and KTFO Sleep agree that the purchase of a product from KTFO Sleep evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Unless KTFO Sleep and You otherwise agree in writing, the location of any arbitration shall be Los Angeles, California. Except where prohibited by law, KTFO Sleep and You agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Any notice to be provided under this provision by You must be sent, by mail, to the attention of KTFO Sleep, attention General Counsel, at 1933 Davis Street STE 285, San Leandro, CA 94577.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, YOU WAIVE YOUR RIGHT TO PURSUE ANY CLAIM OR DISPUTE ON A CLASS WIDE BASIS OR TO JOIN YOUR CLAIM OR DISPUTE WITH ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHLAF OF ANY OTHER PARTY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE THE RIGHT TO TRAIL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
Choice of Law
The terms and provisions of this Agreement shall be construed under the laws of Delaware, USA without regard to its choice of law rules, except for the arbitration provision contained in this Agreement, which will be governed by the Federal Arbitration Act. This governing law provision applies no matter where You reside, or where You use or pay for the products purchased by You.
Our KTFO Sleep products are consumed orally through the use of inhalation and for that reason we do not offer returns. All sales are final. However, in the unlikely event You experience any issue or malfunction with Your KTFO Sleep product, please notify Us via customer support at [email protected] and We will happily replace it free of charge. Your satisfaction is our first priority.
Automatic Renewal; CANCELLATION
Depending on which purchase option You select, You agree and understand that You may be agreeing to enter into a subscription which will automatically renew monthly until canceled by You. If You do not wish to continue Your subscription, You may cancel at any time in accordance with the cancellation policy set forth herein.
Subscriptions will renew automatically every 30 days. If You wish to cancel Your subscription and not be billed then You agree that You must cancel Your subscription no later than 3 calendar days before the billing renewal date by logging into Your customer dashboard by clicking the “login” link available on http://www.ktfosleep.com, and choosing the cancel option. Cancellations received less than three calendar days prior to the next scheduled payment will take effect in the following Subscription period.
In order for Us to complete Your order in an expeditious manner, You must provide current, complete, and accurate information for Your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep Your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify Us if Your credit card is cancelled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service.
We reserve the right to refuse or discontinue the supply of the Product to any user at any time at Our sole discretion.
KTFO Sleep reserves the right to change and/or modify any or all of the provisions contained in this Agreement at any time and in its sole discretion. This Agreement and any changes or amendments made to this Agreement at any time shall be binding on all Customers once posted on KTFO Sleep’s official web site www.ktfosleep.com If any terms and conditions contained in this Agreement is deemed illegal, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Age Limit on Purchase of Products
KTFO Sleep’s website is for use by individuals 21 years of age or older. We will not knowingly collect personal information from anyone under the age of 21. Individuals under 21 years of age are not permitted to use our website or even submit their personal information at our official web site. It is possible that the products purchased on our web site may be purchased for family use and may be used by children under the age of 21 without the knowledge of KTFO Sleep. If that happens, any information collected from the usage will appear as the personal information of the adult purchaser.