EFFECTIVE DATE: September 2020
The following is a legal agreement between you (“you,” “your” or “user”) and Sleepless in Nola, LLC. (“we,” “us” or “our”), which governs your access to and use of the Site and Service (defined below).
We reserve the right, at any time, to modify, suspend, or discontinue the Site and/or Service without notice. You agree that Sleepless in Nola, LLC will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site and/or Service.
DESCRIPTION OF OUR SITE AND SERVICE
On this Site, we provide you with information about Sleepless in Nola, LLC., descriptions of our products and services, general sleep-related information, and pricing about our services (the “Service"). The information presented is subject to change without notice and is not guaranteed to be free from errors.
YOUR ELIGIBILITY TO USE OUR SITE AND SERVICE
OUR INTELLECTUAL PROPERTY
The information contained on the Site and Service, including but not limited to informational text, writings, graphics, images, designs, layout, photographs, audio, video messages, data, and other content (the “Materials”) are owned by Sleepless in Nola, LLC. or parties that have licensed their material to us and are protected by copyright, trademark, trade secret, and other intellectual property laws and proprietary rights. All Sleepless in Nola, LLC. trademarks and service marks, logos, slogans, and taglines are the property of Sleepless in Nola, LLC. All other trademarks, service marks, logos, slogans, and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on SleeplessinNola.com without our express written permission, or the express written permission of such third party that may own the trademark, service mark, logo, slogan, or tagline.
YOUR RIGHTS TO USE OUR INTELLECTUAL PROPERTY
YOUR ACCEPTABLE USE OF OUR SITE AND SERVICE
We trust you to use our Site and/or Service responsibly. You agree to use the Site and/or Service for non-commercial purposes (i.e. you may not use the Site and/or Service to provide ads).
You agree not to use the Site and/or Service for any unlawful, illegal, harmful, or fraudulent activity. For example, you must not do any of the following through the Site and/or Service:
* Impersonate others;
* Misrepresent your affiliation with a person or entity that does or is intended to mislead or deceive others;
* Post, transmit or otherwise use other people’s private or personally identifiable information without their express consent;
* Send unsolicited commercial communications such as advertisements, promotions, spam, or other similar types of information;
* Imply or state, directly or indirectly, that you are affiliated with or endorsed by Sleepless in Nola, LLC. without our express written permission;
* Post or transmit any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or another right to do so;
* Post or transmit any materials which infringe or violates the rights of others;
* Post or transmit any defamatory, libelous, threatening, abusive, obscene, profane, sexually explicit, invasive of privacy or publicity rights, or otherwise objectionable information; or
* Any other conduct that might constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Some areas of the Site and/or Service may allow you to post, upload, submit, share, or otherwise make available information, text, graphics, or other material (“Content”). You retain full ownership of your Content, but you agree to grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use your Content for business purposes and in connection with providing the Site and/or Service to you.
You represent and warrant that you have all the rights, power, and authority to use or distribute any Content that you submit and that such use or distribution of the Content will not violate any laws, rules, regulations, or rights of third parties, including, but not limited to, any intellectual property rights or rights of privacy. You understand that if you do not have the right to submit Content, doing so may subject you to liability. You shall be liable for any damage resulting from any alleged or actual infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. We reserve the right but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
Terminations/suspensions of account
This is for families that don't want access to the site or newsletter. You can unsubscribe to any correspondence we send you including newsletter, email, scheduling apps, text, or phone service.
In order to use the Site and/or Service, you may be required to create an account by providing information such as your first name, last name, email address, username, and password. You agree to fully and accurately provide the information requested when you create your account and to regularly update such information. You further agree to not use your account for any inappropriate or unlawful use. You are responsible for safeguarding the password that you use to access the Site and/or Service and for any activities or actions under your password and may be held liable for any losses arising out of such a failure. Disclosure of your account information to third parties is strictly prohibited and may result in discontinuance of our Service and forfeiture of all fees. We reserve the right to refuse or cancel your account if fraud and/or an unauthorized or illegal transaction is suspected.
OUR TERMS OF SALE
PRODUCT AND PRICING DESCRIPTION. While we endeavor to be as accurate as possible, we do not warrant those product descriptions or other material of the Site and/or Service are accurate, complete, reliable, current, or error-free. In the event of a listing with an incorrect price and/or with incorrect information, we reserve the right to refuse or cancel the order.
PAYMENT TERMS. For each product you order on the Site, you agree to pay the price applicable for the product as of the time you submitted your order, any applicable delivery fees, and any applicable taxes.
We want you to succeed and we know that our programs work. If you fully commit to implementing the Sleep Plan, then, with our support, you WILL reach your goals. We are 100% confident in our services and want you to be completely confident in us. We will do our best to provide a wonderful experience. We encourage you to discuss any concerns you may have regarding the process and implementation with Sleepless, LLC in Nola, LLC before requesting a refund. However, if you decide that you are unhappy with your success and progress, then you may request a refund under the following circumstances:
Refunds for all products and services must be requested within 2 days of the scheduled service. If it is requested less than 2 days, only ½ of the price will be refunded. Refunds on a product/service will only be issued once per product/service. All purchases shall be refunded back to the original credit card or via PayPal account on which the refunded products and/or services were purchased. Unused consulting services shall not be partially refunded, but consulting services are valid for one year after purchase. Consulting services are non-transferable to another party.
If you have implemented all of the suggestions from your sleep plan and you are still unsuccessful, Sleepless in Nola may give a refund on a case by case basis. The practices must be implemented for at least 30 days before it can be determined that a service does not work.
E-mail support packages (unlimited and the economical Email Sleepless in NOLA email package) must be refunded within the first two email exchanges and within three (3) days of the original purchase date. An administrative fee of $50 shall not be refunded. These packages can be paused once per package for a maximum of two (2) weeks for illness, traveling, etc as should be noted in writing and will be determined if the reason is valid on a case by case basis. Should you want to reinstate the unlimited package past two (2) weeks, you must pay a one-time reactivation fee of $50 to update your information because your child’s situation can change over time. You must indicate when you would like to reinstate the package and do that in a written format. Sleepless in NOLA, LLC is not responsible for letting you know when your time frame of support has ended or reinstated. It is your responsibility to keep track of these dates. If there is less than half the package remaining, the pausing of the package will be determined on a case by case basis. For the economical Email Sleepless in NOLA package, once the initial consultation has occurred, only 25% of the total fee will be refunded.
Phone support packages must be refunded within twenty-four (24) hours of the first scheduled phone call. An administrative fee of $50 shall not be refunded. 1-2 hour phone consults shall not be refunded once the service has been rendered. If we do not complete the entire hour or two-hour service at the scheduled time, you may request for that time to be completed at a later date to be decided upon by both parties (Dr. Vyas and the client).
Overnight consulting service must be canceled two (2) weeks before the scheduled consult otherwise a $500 no-show/cancel fee will be charged in addition to any money that was spent for your consultant’s travel expenses. If the overnight service is canceled within two (2) weeks of the consult due to an emergency situation and cannot be rescheduled, Sleepless in Nola, LLC will determine if the fee will be waived and a refund is issued on a case by case basis. If Sleepless in NOLA, LLC completes this service and you are unhappy with the results, a refund may be requested, but the amount of the refund will be determined on a case by case basis (travel expenses are non-refundable).
Sleepless in NOLA package: Once the consult is completed (at your home, via Skype or Facetime), the fee for the consult shall not be refunded. If you choose not to move further with the sleep plan or implementation, you may receive a partial refund for the cost of the sleep plan and implementation assistance; the amount of the refund will be determined by Sleepless in Nola, LLC on a case by case basis. Once you have gone through the entire process and received the consult, sleep plan, and/or the implementation assistance a full refund shall not be granted but a partial one may be permitted and will be determined on a case by case basis. A partial refund will ONLY be considered if the sleep plan instructions have been implemented. If you have followed the plan set forth for you and you still feel like you were unsuccessful, a partial refund may be granted and Sleepless in Nola, LLC will determine if a refund is applicable and the amount of the partial refund.
If you exhibit the behavior of a “bad client” as stated in your Client Expectation Sheet, and you are “fired” as a result, all fees will be forfeited and no refund shall be issued.
If you have any questions about our refund policies, please contact us.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SLEEPLESS IN NOLA, LLC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SLEEPLESS IN NOLA, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SLEEPLESS IN NOLA, LLC.’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM SLEEPLESS IN NOLA, LLC., AND IF NO PURCHASE HAS BEEN MADE BY YOU SLEEPLESS IN NOLA, LLC.’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $50.
EFFECT OF HEADINGS
GOVERNING LAW; VENUE
ENTIRE AGREEMENT; WAIVER