The Fatigue Science website is owned and operated by Sleep Performance Inc. d/b/a/ Fatigue Science (“Fatigue Science”). By accessing, browsing or using any part of the Fatigue Science web site (“Web site”), you agree to be bound by the terms and conditions set out below. If you do not agree with these terms and conditions, you may not use this Web site.
The contents of this Web site, and the materials made available through it, are protected by copyright, trademark and other intellectual property laws and international treaties. Fatigue Science either owns or has obtained the rights to use the content and materials on this Web site.
Except as expressly provided below, you may not copy, reproduce, republish, download, upload, post, transmit, distribute or create derivative works from any of the content in this Web site, without Fatigue Science’s prior written consent.
Readiband®, FAST® and SAFTE® are registered trademarks of Fatigue Science and/or its licensors.
User ID and Password
Some areas of this Web site are available to authorized users only and are password protected (“Restricted Areas”). If you have been granted access to a Restricted Area:
- You will not provide false identity information to gain access to a Restricted Area.
- You will not allow any other person to use your User ID and password.
- You will notify Fatigue Science of any unauthorized use of your User ID and password.
Use of Web Site
Fatigue Science grants you a limited license to access and use (display, print, download) the Web pages and content within this Web site solely on your computer and for your own personal, non-commercial use, provided that:
- You do not modify the content displayed on this Web site; and
- You retain and keep intact all copyright, trademark or other proprietary notices.
If you or your organization have entered into a written agreement with Fatigue Science to license the Fatigue Science Team or Industry Platform, such Platform may be made available for access from a Restricted Area of this Web site. Your access to and use of the Fatigue Science Platforms and any related services is governed by the terms of the written agreement.
Except for the limited license provided above, Fatigue Science does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.
You agree that you will not:
- license, sell, distribute or otherwise commercially exploit this Web site or any information, software or content posted or contained in it;
- create internet “links” to the Web site or “frame” or “mirror” any content on any other server or wireless or internet-based device;
- post or transmit any material that is unlawful, harmful, defamatory, obscene, indecent, profane, discriminating, harassing, threatening, infringing of intellectual property, invasive of privacy, or otherwise objectionable;
- post or transmit any unsolicited promotional material (commercial and non-commercial), including “junk mail”, “spam” and “chain letters”;
- post or transmit any material that contains viruses, corrupted files or any software or programs that may damage or interrupt the software, hardware or telecommunications equipment of Fatigue Science or others;
- harvest or otherwise collect or reveal information about others, including names and email addresses;
- probe, scan or test the vulnerability of this Web site, or breach the security or authentication measures on this Web site;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Web site, or any systems or networks connected to this Web site;
- use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site or any transaction being conducted on this Web site, or with any other person’s use of this Web site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Fatigue Science on or through this Web site; or
- pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Portions of this Web site, including all Restricted Areas, may contain Confidential Information of Fatigue Science. “Confidential Information” is anything which Fatigue Science does not make generally available to the public without restriction, and which it considers to be proprietary. Confidential Information includes, but is not limited to: (a) software, code or other technology; (b) technical information about Fatigue Science products, including product roadmaps; (c) personally identifiable information about an individual; (d) material or information which, given its nature, should reasonably be considered to be confidential; and (e) material or information which is marked “confidential”.
- You will maintain the confidentiality of all Confidential Information you obtain or access.
- You will use Confidential Information solely for the purpose for which it has been disclosed to you.
- You will not disseminate or distribute Confidential Information.
- You will not remove any proprietary notices contained in or on any Confidential Information.
Information and materials on this Web site are provided “as is” and are not promised or guaranteed to be correct, current or complete. This Web site may contain technical inaccuracies or typographical errors. Fatigue Science assumes no responsibility (and expressly disclaims responsibility) for updating this Web site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all information and materials before making any decision related to any products, services or other matters described in this Web site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. FATIGUE SCIENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, DURABILITY OR NON-INFRINGEMENT.
FATIGUE SCIENCE DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS, VIRUSES OR OTHER DEFECTS.
YOU ASSUME ALL RISKS IN THE TRANSMISSION OF ANY MATERIALS, DATA OR INFORMATION TO AND FROM FATIGUE SCIENCE, INCLUDING ANY INTERCEPTION BY THIRD PARTIES.
Limitation of Liability
In no event will Fatigue Science be liable for any damages, including special, indirect or consequential damages, arising out of or in connection with the use or performance of this Web site or for the use or downloading of any Materials, information, products or services made available on this Web site, even if Fatigue Science is advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort or any other legal theory.
Links to Other Web Sites
This Web site is controlled by Fatigue Science from its offices in Vancouver, Canada. All matters relating to your access to or use of this Web site will be governed by Canadian federal law or the laws of the Province of British Columbia. You agree to submit to the jurisdiction of the courts of British Columbia. Fatigue Science makes no representation that this Web site or its contents comply with the laws of jurisdictions outside Canada.
Fatigue Science retains the right to amend the above terms at any time, including the right to revoke any permissions.
Updated: June 15, 2016.