Terms of Use

Last modified: Feb 8th, 2023

1. Acceptance of the Terms of Use

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These terms of use are entered into between End Insomnia LLC, a company duly incorporated in Bulgaria with UIC: 207100763 (the “Company”, “we” or “us”). The following terms and conditions (the “Terms of Use”) govern your access to and use of http://endinsomnia.com/, including any content, functionality, and services offered on or through http://endinsomnia.com/ (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at http://endinsomnia.com/privacy-policy (the “Privacy Policy”), incorporated herein by reference.

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION PROVIDED TO YOU THROUGH THE WEBSITE. IN CASE OF A LIFE-THREATENING OR EMERGENCY MEDICAL SITUATION, IMMEDIATELY CALL AN EMRGENCY SERVICE NUMBER.

Should you disagree with any of the provisions of these Terms of Use or the Privacy Policy, you must not access the Website. You may contact us with your comments, concerns, or suggestions regarding these Terms of Use.

THE WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to the Terms of Use

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We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Any changes to the dispute resolution provisions set out in the “Governing Law and Jurisdiction” section will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. 

Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

3. Medical Disclaimer

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No representative of the Company is a licensed medical doctor, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, pharmacist, psychologist, psychotherapist, or other formally licensed healthcare professional. The Company does not render medical, psychological, or other professional advice or treatment or provide, or prescribe any medical diagnosis, treatment, medication, or remedy. Nothing on the Website should be construed to constitute healthcare advice or medical diagnosis, treatment, or prescription thereof. We encourage you to seek the attention of a licensed healthcare professional if you believe such attention is required. Information and/or guidance provided by the Company should not be construed as a promise of benefits, a claim of cures, or a guarantee of any results to be achieved. 

The Company makes no claim and specifically disclaims any effectiveness, benefits, or suitability of the Website or any information on the Website for treatment of any disease or condition, whether physical, mental, spiritual, or for any other purpose, and will not be liable to you for damages – medical, psychological, or any other kind, incurred as a consequence, directly or indirectly, of the use or application of any information on the Website, or use of the Website.

End Insomnia LLC is not a healthcare entity and does not practice medicine or offer mental health services. Its programs, suggestions, and other offerings are informational and educational in nature and do not diagnose, treat, prevent, or cure any medical condition or replace competent licensed medical advice. All references to assisting in the alleviation of insomnia or its symptoms hold common English-language meanings, such as “restore,” “resolve,” “heal,” “alleviate,” “help,” “assist,” “end,” etc. None of these terms are used or may be interpreted to signify any medical or mental health activity for which a license is required.

4. Not for Emergencies

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The Website is not for medical emergencies or urgent health-threatening situations. You should not disregard or delay seeking medical attention based on anything that appears or does not appear on the Website. If you believe you are experiencing a medical emergency, call an emergency services number immediately.

You should always seek emergency help or follow-up care when recommended by a healthcare professional or when otherwise needed. When using the Website, you should continue to consult with your primary healthcare provider and any other healthcare professionals as recommended by them. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding any medical condition as well as before stopping, starting, or modifying any treatment or medication.

5. No Medical Advice

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The content of the Website and any product or service offered on the Website is provided for informational and educational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease, disorder, or medical condition. It should never replace any advice given to you by your physician or any other licensed healthcare provider. The Company does not provide therapy, counseling, medical advice, or medical treatment. The contents of the website are informational only.

6. Accessing the Website and Account Security

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We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register on the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions that we take with respect to your information in accordance with our Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information via or in relation to the Website, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account accessible via the Website (the “Account”) is personal to you and agree not to provide any other person with access to the Website, any portions of the Website, or your Account using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, your Account,  or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any Account, username, password, or any other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

7. Intellectual Property Rights

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The Website and its contents, features, and functionality (including but not limited to all information, data, text, displays, images, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website) are owned by the Company, its licensors, or other providers of such material and are protected by local and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or your Account in breach of the Terms of Use, your right to use the Website will be terminated immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements, or changes to the Website that you may choose at your sole discretion to provide us from time to time (the “Feedback”). When you provide the Feedback, you grant us, under all right, title, and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.

8. Trademarks

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The Company name and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are trademarks of their respective owners.

9. Prohibited Uses

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You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable national, European Union, federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Bulgaria, the European Union or other countries). 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone‘s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

10. Monitoring and Enforcement; Termination

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We have the right to:

• Take legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
• Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all third party material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. 

11. Content Standards

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The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website.

These content standards apply to any and all User Contributions and use of the Interactive Services. The User Contributions must in their entirety comply with all applicable national, federal, state, local, and international laws and regulations. Without limiting the foregoing, the User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.

12. Reliance on Information Posted

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The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. The Company does not provide therapy, counseling, medical advice, or medical treatment. The content and services available on the Website are not medical advice and are not intended to diagnose, treat, cure, or prevent any disease, disorder, or medical condition. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. The information presented on or through the Website should never replace any advice given to you by your physician or any other licensed healthcare provider.

The Website may contain content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Changes to the Website

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We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

14. Information About You and Your Visits to the Website

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All the information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

15. Paid Services and Other Terms and Conditions

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Some goods, services, and information on the Website may be available for purchase, as described in detail on the Website and at the time of placing an order for such goods, services, or information (the “Paid Services”). We may ask you to provide additional information relevant to your payment for the Paid Services, such as your credit card number, the expiration date of your credit card, and your address(es) for billing (such information, the “Payment Information”). You represent and warrant that you have the legal right to use all the payment method(s) represented by the Payment Information. By submitting the Payment Information, you authorize us to charge all fees for the Paid Services incurred through your Account to any such payment instruments. The amounts due and payable by you for the Paid Services will be presented to you before you place your order. 

You authorize us to provide your Payment Information to third-party service providers so we can complete the payment(s) for Paid Services(s) and agree (a) to pay the applicable fees and any taxes; (b) that we may charge your credit card or third party payment processing account; and (c) to bear any additional charges that your bank or financial service provider may levy on you as well as any taxes or fees that may apply to the Paid Services. All payments made are non-refundable and non-transferable except as expressly provided in these Terms of Use.

Should automatic billing for Paid Services fail to occur for any reason, we may issue an electronic invoice indicating that you must proceed with the payment for the Paid Services manually.

If you have any concerns or objections regarding any charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing account charges unless you have made a reasonable attempt at resolving the matter directly with the Company.

The Company reserves the right to not process or cancel any order for Paid Services in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances the Company deems appropriate in its sole discretion. The Company also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order for Paid Services. You may be required to provide additional information to verify your identity before completing your order for Paid Services (such information is included within the definition of Payment Information).

Subscriptions

Some goods, services, and information on the Website may be available for purchase via a monthly subscription (the “Subscription”). All fees and amounts for the first subscription term are payable and charged at the beginning of the Subscription. 

Each Subscription renews automatically for an additional period of time equal in length to the expiring subscription term until you cancel the Subscription, and all fees and amounts for each renewed subscription term are payable at the time of each renewal until you cancel, using the Payment Information you have provided. 

You must cancel your Subscription before it renews to avoid the billing of the fees for the next subscription term. You may cancel the renewal of your Subscription at any time by contacting us via email at support@endinsomnia.com or by visiting your Account. You will not receive a refund for the fees you already paid for your current subscription term and you will continue to receive the services ordered until the end of your current subscription term.

16. Changes to Price Terms for Paid Services

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The Company reserves the right to change its pricing terms for Paid Services at any time and the Company will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply to Paid Services after such changed pricing terms have been communicated to you. If you do not agree with the changes to the Company’s pricing terms then you may choose cancel the Paid Services.

17. Refunds

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Except when required by law and as set forth below, the fees for Paid Services are non-refundable.

You may qualify for a refund of the fees paid for Paid Services if you comply with the refund conditions described on the Website and at the time of placing an order for such Paid Services.

Linking to the Website and Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

The Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to stop immediately. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion. 

18. Links from the Website

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If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites and resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked on the Website, you do so entirely at your own risk and subject to the terms of use of such websites.

Geographic Restrictions

We make no claims that the Website or any of its content is accessible or appropriate outside of the European Union. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the European Union, you do so on your own initiative and are responsible for compliance with local laws.

19. Disclaimer of Warranties
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You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation on Liability

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TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, your Account, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

21. Governing Law and Jurisdiction
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All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Bulgaria without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Bulgaria or any other jurisdiction).

ANY DISPUTE RELATING TO THESE TERMS OF USE WILL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION CLAUSE (SEE DISPUTE RESOLUTION BELOW).

22. Dispute Resolution
    

THIS CLAUSE DOES NOT APPLY TO LEGAL COMPLAINTS BY CUSTOMERS WHO ARE RESIDENTS OF THE UNITED STATES OF AMERICA OR ITS TERRITORIES, WHOSE COMPLAINTS ARE SUBJECT TO THE ARBITRATION AGREEMENT SET OUT IN CLAUSE 23 BELOW.

In the unlikely event that we are unable to resolve a legitimate legal complaint, we each agree to resolve disputes through the competent courts of the Republic of Bulgaria. 

Before filing a claim against the Company, you agree to make a good faith effort to try to resolve any dispute informally by contacting support@endinsomnia.com and responding promptly to any related communications. If a dispute is not resolved within 30 days of initial submission, you or the Company may bring a formal judicial proceeding.

Notwithstanding the foregoing, nothing in this Clause will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable national, federal, state, or local agency if that action is available (e.g., Consumer Protection Agency); or (c) to file suit in a competent court of law to address an intellectual property infringement claim.

A party that intends to seek judicial remedy must first send to the other, by certified mail, a written notice of dispute (the “Notice”). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief (the “Demand”). You agree to make good faith efforts to resolve the claim directly, however, if we do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence a judicial proceeding. All judicial proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. 

We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.

23. Arbitration Agreement for Customers Based in the U.S.

Without prejudice to the choice of law contained in Clause 22 of the present and the dispute resolution mechanism contained in Clause 23 of the present, customers which are residents of the Unites States of America or any of its territories, do hereby agree to dispute resolution of any and all legitimate legal complaints through final and binding arbitration or small-claims instead of in courts of general jurisdiction. YOU UNDERSTAND AND AGREE THAT, BY ACCESSING THE WEBSITE, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

This Arbitration Agreement (the “Arbitration Agreement”) is an inseparable part of these Terms of Use for all customers residing in the Unites States of America or any of its territories.

Before filing a claim against the Company, you agree to make a good faith effort to try to resolve any dispute informally by contacting support@endinsomnia.com and responding promptly to any related communications. If a dispute is not resolved within 30 days of initial submission, you or the Company may bring a formal arbitration proceeding.

Any arbitration proceedings shall be conducted by the American Arbitration Association (“AAA”) under its rules and procedures applicable at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA’s website. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us. The arbitration shall be held in the State of Delaware or at another mutually agreed location. If the reasonable value of the relief sought is $10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.

Notwithstanding the foregoing, nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

A party that intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (the “Notice”). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief (the “Demand”). You agree to make good faith efforts to resolve the claim directly, however, if we do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. 

If you do not wish to resolve disputes by binding arbitration, you may opt out of this Arbitration Agreement within 30 days after the date that you agree to these Terms of Use by sending a letter to support@endinsomnia.com that specifies: your full legal name, email address, and a statement that you wish to opt out of this Arbitration Agreement. 

YOU AND THE COMPANY, AS PART OF THE ARBITRATION AGREEMENT, AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS”. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIM, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).

Except with respect to the prohibition of class and representative actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the prohibition of class and representative actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void.

We retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Waiver and Severability
    

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

25. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

26. Your Comments and Concerns
    
    This Website is operated by End Insomnia LLC, registered address at Atanas Hristov 12, apt 1, Varna, 9009.
    
    All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@endinsomnia.com.