Welcome to Ozlo! The Ozlo website (located at ozlosleep.com) (the “Site”) and the Ozlo mobile application (the “App”, available on Android and iOS) are collectively the “Ozlo Properties” and each individually is an “Ozlo Property.” These Terms of Use (the “Terms”) comprise a legally binding agreement between Drowsy Digital, Inc. (“Ozlo”, “we”, “us”, and “our”) and you. If the individual entering into this agreement is doing so on behalf of an entity, all references to “you” or “your” in this agreement will also be deemed to refer to such entity. These Terms govern your use of the Ozlo Properties and any products purchased and services provided through the Ozlo Properties (the “Products” and “Services” respectively). If, at any time, you do not agree to be bound by the Terms, you must not access or use the Ozlo Properties.

By accessing or using any Ozlo Property and its related services, products, and software, you agree to be bound by these Terms. You also accept these Terms by creating an account through any Ozlo Property, checking the “I ACCEPT” button acknowledging these Terms, making a purchase through any Ozlo Property, or logging in to any Ozlo Property. Additional terms may apply to your interactions with certain Ozlo Properties and to your use of individual services or features available on a Ozlo Property (each “Supplemental Terms”). To the extent that the provisions of any Supplemental Terms conflict with these Terms, the provisions of the Supplemental Terms will govern. We may make changes to any Ozlo Property and the Terms at any time. It is your responsibility to review the Terms for updates or changes. If you do not agree with the updated Terms, you may not continue access or use the Ozlo Properties. You may not use any Ozlo Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Ozlo Properties only with involvement of a parent or guardian.

By agreeing to these Terms you represent that: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OZLO, (3) YOU ARE NOT BARRED FROM USING THE OZLO PROPERTIES UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON THE BEHALF OF THE ENTITY WHICH YOU REPRESENT.

SECTION 17 OF THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS REGARDING DISPUTES WITH OZLO. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 17) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 17 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. ACCOUNT & REGISTRATION.
1. General: In order to access certain features of the Ozlo Properties, you may be required to register an account with Ozlo (“Account”) or have a valid account on a social networking service through which you can connect to the Ozlo Properties, as permitted by the Ozlo Properties (each such account, a “Third-Party Account”) and the applicable third-party terms and conditions that govern your use of such Third-Party Account. In registering an Account, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your Account. You shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Ozlo Properties by minors. You may not share your Account or password with anyone, and you agree to notify Ozlo immediately of any unauthorized use of your password or any other breach of security. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. Ozlo reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Ozlo Properties if you have been previously removed by Ozlo, or if you have been previously banned from any of the Ozlo Properties. Ozlo reserves the right, without notice and at its sole discretion, to suspend or terminate your account or your use of the Ozlo Properties and to block or prevent future access to and use of the Ozlo Properties (i) if you violate any of these Terms, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
2. Third-Party Account: You represent that you are entitled to disclose your Third-Party Account login information to Ozlo and/or grant Ozlo access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Ozlo to pay any fees or making Ozlo subject to any usage limitations imposed by such third-party service providers. By granting Ozlo access to any Third-Party Account, you understand that Ozlo may access, make available and store (if applicable) any information, data, text, software, sound, photographs, graphics, video, messages, tags and/or other materials that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Ozlo Properties via your Account. Unless otherwise specified in these Terms, all SNS Content is considered to be Your Content (as defined below) for all purposes of these Terms. If a Third-Party Account or associated service becomes unavailable, or Ozlo’s access to such Third-Party Account is suspended or terminated by the third-party service provider, then SNS Content may no longer be available on and through the Ozlo Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Ozlo Properties. YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND OZLO DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Ozlo makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Ozlo is not responsible for any SNS Content.
2. PRIVACY. Your use of the Ozlo Properties is subject to our Privacy Policy. Please review the policy for more on how we collect and use information.
3. PRODUCT INFORMATION. We try to be as accurate as possible with the information we present on the Ozlo Properties. We will make reasonable efforts to accurately display the attributes of the Products and Services. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change and may vary from those offered through other platforms. Despite our efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
4. TRANSACTIONS.
1. If you wish to purchase any Product made available through the Ozlo Properties (a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Ozlo the right to provide such information to Ozlo’s third party payment and service providers for purposes of facilitating the completion of such Transaction. Verification of information may be required prior to the acknowledgment or completion of any Transaction. We will charge your designated payment method for each Transaction when you place an order.
2. You agree to pay all charges that may be incurred by you or on your behalf through the Ozlo Properties, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
3. Our confirmation of your order does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order. The risk of loss for and title to Products you purchase passes to the you upon our delivery to the carrier.
5. CONTENT. All content included on or comprising the Ozlo Properties, including information, data, text, software, photographs, graphs, messages, videos, typefaces, graphics, music, sounds and other material (collectively “Material”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Material is protected as a collective work under U.S. and international copyright laws, and Ozlo owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Material. The Ozlo logos and other trademarks on the Ozlo Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Ozlo and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
6. LICENSE AND ACCESS.
1. License. Ozlo grants you a limited license to access and make personal use of the Ozlo Properties and the Material for personal noncommercial purposes only and only to the extent such use does not violate these Terms. You may download, print and copy Material for personal, noncommercial purposes only, provided you do not modify or alter the Material in any way, delete or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing or otherwise using the Ozlo Properties or any of the Material for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms. You must provide all devices and other equipment or software necessary to access or use the Ozlo Properties. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Ozlo Properties.
2. Unlawful or Prohibited Uses. As a condition of use, you warrant and agree not to use the Ozlo Properties for any purpose that is prohibited by these Terms or by applicable law. Any unauthorized use of the Ozlo Properties terminates the licenses granted by Ozlo pursuant to these Terms. Whether on behalf of yourself or on behalf of any third party, you may not and shall not: (i) not remove or modify any copyright, trademark or other proprietary notice contained in any Material you use; (ii) modify or alter the Material, post the Material on any network computer, or broadcast the Material in any media or copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Material, in whole or in part; (iii) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Ozlo Properties or any portion thereof; (iv) use any metatags or other “hidden text” using Ozlo’s name or trademarks; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Ozlo Properties (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);(vi) impersonate any person or entity, including any employee or representative of Ozlo or collect personally identifiable information about other users of the Ozlo Properties; or (vii) interfere with or attempt to interfere with the proper functioning of the Ozlo Properties or use the Ozlo Properties in any way not expressly permitted by this Terms, including but not limited to violating or attempting to violate any security features of the Ozlo Properties, introducing viruses, worms, or similar harmful code into the Ozlo Properties, or interfering or attempting to interfere with use of the Ozlo Properties by any other user, host, or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Ozlo Properties.
7. USER GENERATED CONTENT: REVIEWS, COMMUNICATIONS, AND OTHER CONTENT.
1. You may interact with the Ozlo Properties in numerous ways, including reviews, ratings, questions and answers, testimonials, feedback and email communication. You hereby grant Ozlo a perpetual, irrevocable, royalty-free, transferable, and sublicensable right and license to use, copy, modify, adapt, translate, reproduce, transmit, publish, perform, display, delete, create derivative works from, and distribute any information or materials shared with us (“Content”) by you (“Your Content”) throughout the world in any media, including text, images, and videos submitted through the reviews or ratings features of the Ozlo Properties. You also grant Ozlo the right to use the name, username, and social media handle that you use when you share Content with us in connection with that Content but acknowledge that Ozlo has no obligation to attribute such Content to you. For the above reasons, do not send us any Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
2. You acknowledge that all Content is the sole responsibility of the party from whom such Content originated. This means that you, and not Ozlo, are entirely responsible for your Content, and that other users, and not Ozlo, are similarly responsible for all Content shared by such user.
3. You represent and warrant that you have all rights necessary for you to grant the licenses granted per these Terms, including but not limited to permission from or on behalf of any individuals that appear in the Content, to use and to grant to third parties such as Ozlo the right to use their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding information that you may have under any applicable law under any legal theory.
4. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor Your Content; (ii) alter, remove, or refuse to post or allow Your Content to be posted; and/or (iii) disclose any Content, and the circumstances surrounding its transmission, to any third party.
8. PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY RIGHT INFRINGEMENT. It is Ozlo’s policy to terminate account privileges of any user who repeatedly infringes copyright, trademark, or other intellectual property rights upon prompt notification to Ozlo by the respective intellectual property owner or their legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on any Ozlo Property in a way that constitutes intellectual property rights infringement, please provide our designated intellectual property agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property right; (ii) a description of the copyrighted work, trademark, or other intellectual property right that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright, trademark, or other intellectual property right owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark, or other intellectual property right owner or authorized to act on the copyright, trademark, or other intellectual property right owner’s behalf. Contact information for Ozlo’s designated agent for notice of claims of infringement is as follows: Compliance Officer, 850 New Burton Rd Ste 201, Dover DE 19904.
9. TEXT MESSAGES. Ozlo may offer one or more mobile message programs (collectively, the “Message Service”) that allows users to receive SMS/MMS mobile messages by opting-in such as through online or application-based enrollment forms. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by this Agreement. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include marketing messages. You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive mobile messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to continue participating in a Message Service program we offer, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message you receive from that program to opt out. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that that we and our service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those keyword commands set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at support@ozlosleep.com. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 17 (Arbitration Agreement).
10. MOBILE APPLICATION.
1. The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from Ozlo, your mobile carrier or third-party service providers. You may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the App.
2. Ozlo makes no representations that the App will be compatible with or provided by all mobile carriers. In the event that fees are charged for the App, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
3. With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you shall only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple Media Terms of Service, except that such App Store Sourced Application may be accessed, acquired, and used by other accounts associated with the purchaser via Apple’s Family Sharing function, volume purchasing, or Legacy Contacts function. Without limiting any other terms contained herein, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.
4. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store: You acknowledge and agree that these Terms are concluded between you and Ozlo only, and not Apple, and Ozlo, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Ozlo and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Ozlo. You and Ozlo acknowledge that, as between Ozlo and Apple, Apple is not responsible for addressing any claims you have or of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Ozlo acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Ozlo and Apple, Ozlo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Ozlo acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
11. WARRANTY DISCLAIMERS.
1. OZLO PROVIDES THE OZLO PROPERTIES, THE SERVICES, AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE OZLO PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THAT ANY OZLO PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, ACCURATE, OR ERROR-FREE, AND THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. This Section 11 does not affect in any way our return policy or limited warranty for the Products. If for any reason you are not satisfied with a purchase of Products, you may return the item in accordance with the terms of our return policy or limited warranty, as applicable.
1. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE OZLO PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND/OR ANY DEVICE YOU USE TO ACCESS THE OZLO PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING THE OZLO PROPERTIES OR THE CONTENT.
2. FROM TIME TO TIME, OZLO MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT OZLO’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
2. THE INFORMATION OBTAINED THROUGH THE OZLO PROPERTIES IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT. SUCH INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR THE ADVICE OF AN APPROPRIATELY QUALIFIED AND LICENSED PHYSICIAN OR OTHER HEALTHCARE PROVIDER. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING SLEEP HEALTH, A MEDICAL CONDITION OR TREATMENT. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL “911” OR THE APPLICABLE EMERGENCY LINE IMMEDIATELY. OZLO IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ADVICE OR CONSULTATION PROVIDED TO YOU BY USING THE OZLO PROPERTIES OR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THE OZLO PROPERTIES, THE CONTENT, OR THE CONDUCT OF ANY USERS OF THE OZLO PROPERTIES.
12. LIMITATION OF LIABILITY.
1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OZLO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT OZLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE OZLO PROPERTIES, THE SERVICES, OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR THIRD PARTIES, ON ANY THEORY OF LIABILITY, INCLUDING TO THE EXTENT RESULTING FROM: (i) THE USE OR INABILITY TO USE THE OZLO PROPERTIES, PRODUCTS OR SERVICES; (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE OZLO PROPERTIES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR OZLO’S GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
2. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OR CONTENT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL LINKED SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
3. TO THE FULLEST EXTENT PERMITTED BY LAW, OZLO SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (i) THE TOTAL AMOUNT PAID TO OZLO BY YOU DURING THE THREE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (ii) $1000; OR (iii) IF APPLICABLE, THE STATUTORY REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY DOES NOT APPLY TO LIABILITY OF OZLO FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OZLO’S NEGLIGENCE; OR (B) ANY INJURY CAUSED BY OZLO’S FRAUD OR FRAUDULENT MISREPRESENTATION.
4. You acknowledge and agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Ozlo and you.
13. INDEMNIFICATION. As a condition of the use of the Ozlo Properties and Products, you agree to defend, indemnify and hold harmless Ozlo and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms, or any of Your Content. Ozlo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ozlo in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these terms and/or your access to the Ozlo Properties.
14. INTERNATIONAL USERS. The Ozlo Properties may be accessed from countries around the world and may contain references to Products, Services, and Content that are not available in your country. These references do not imply that Ozlo intends to announce such Product, Service, or Content in your country. The Ozlo Properties are controlled and offered by Ozlo from its facilities in the United States of America. We make no representations that the Ozlo Properties, Services, or Products are appropriate or available for use in other locations. Those who access or use the Ozlo Properties from other countries do so at their own volition and are responsible for compliance with local law.
15. THIRD-PARTY SERVICES.
1. The Ozlo Properties may contain links to other sites, applications, or services operated by third parties (“Third-Party Services”). These links are available for your convenience and are intended only to enable access to these Third-Party Services and for no other purpose. All Third-Party Services are governed by their terms and conditions (including privacy policies) which may differ substantially from these Terms. When you click on a link to a Third-Party Service, we will not warn you that you have left the Ozlo Properties and you become subject to the Third-Party Service’s terms and conditions. Such Third-Party Services are not under the control of Ozlo and we are not responsible for any Third-Party Services. Ozlo does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Service or its content, products, or services. A link to a Third-Party Service on a Ozlo Property does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Services.
2. Ozlo may provide tools through the Ozlo Properties that enable you to export information, including Your Content, to Third-Party Services. By using one of these tools, you agree that Ozlo may transfer that information to the applicable Third-Party Service as selected by you. Ozlo is not responsible for any Third-Party Service’s use of your exported information.
16. EXPORT CONTROL. You agree that any Products or Services licensed or sold on the Ozlo Properties, which may include technology and software, and all software, including all HTML code and controls that are contained on the Ozlo Properties, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Products are manufactured and/or received. You agree not to export, reexport, or transfer, directly or indirectly, any Products, U.S. technical data acquired from Ozlo, or any products utilizing such data, in violation of the United States export laws or regulations and any other applicable laws in the jurisdiction in which you accessed, used or obtained the Ozlo Properties, Products and/or Services.
17. ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Ozlo and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Ozlo agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Ozlo Properties, any communications you receive, any Products sold or distributed or Services provided through the Ozlo Properties, or these Terms and prior versions of these Terms, including claims and disputes that arose between you and us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Ozlo may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Ozlo may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and Ozlo. If that occurs, Ozlo is committed to working with you to reach a reasonable resolution. You and Ozlo agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Ozlo therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you will also participate.
   
   The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Ozlo that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to legal@ozlosleep.com or regular mail to our offices located at 44 Bearfoot Rd. Suite 200, Northborough MA 01532. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
   
   The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
3. Waiver of Jury Trial. YOU AND OZLO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Ozlo are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 17.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
4. Waiver of Class and Other Non-Individualized Relief. YOU AND OZLO AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 17.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 17.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Ozlo agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Massachusetts. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Ozlo from participating in a class-wide settlement of claims.
5. Rules and Forum. These Terms evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Ozlo agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
   
   A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
   
   If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and Ozlo otherwise agree, or the Batch Arbitration process discussed in Section 17.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
   
   You and Ozlo agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Massachusetts and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 17.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
7. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 17.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 17.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 17.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 17.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 17.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
8. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Ozlo need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
9. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Ozlo agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Ozlo by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Ozlo. You and Ozlo agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 44 Bearfoot Rd. Suite 200, Northborough MA 01532, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
11. Invalidity, Expiration. Except as provided in Section 17.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Ozlo as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
12. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Ozlo makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Ozlo at 44 Bearfoot Rd. Suite 200, Northborough MA 01532, your continued use of the Ozlo Properties, including the acceptance of products and services offered on the Ozlo Properties following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Ozlo Properties, any communications you receive, any products sold or distributed through the Ozlo Properties or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Ozlo will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
18. APPLICABLE LAW. THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MASSACHUSETTS), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST OZLO.
19. MISCELLANEOUS. These Terms, including policies and information linked from or incorporated herein or otherwise found on the Ozlo Properties, constitute the entire agreement between you and Ozlo with respect to the Ozlo Properties and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Ozlo Properties. No provision of these Terms shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Where Ozlo requires that you provide an email address, you are responsible for providing a valid and current email address. In the event that the email address you provide to us is not valid, or for any reason is not capable of delivering to you any notices required by these Terms, our dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Ozlo at the following e-mail address: legal@ozlosleep.com. Such notice shall be deemed given on the same business day if sent on a business day (in the State of Massachusetts) before 5 p.m. Eastern Standard Time and otherwise on the next business day (in the State of Massachusetts). The communications between you and Ozlo may take place via electronic means, whether Ozlo posts notices on the Ozlo Properties or communicates with you via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we electronically provide to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”). In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.