Sleep Tight Support Community/Membership Terms & Conditions

Effective date: September 1, 2024

For terms related to our online course, visit:
Sleep Tight Without a Fight Online Course Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Awesome Little Sleepers (“Company”, “we”, or “us”). 

 

Membership

The Company agrees to provide you with access to the Online Membership entitled, “Sleep Tight Support Community” (“Membership”). As a condition of participating in the Membership, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

The Company provides educational and informational resources that are intended to help participants in the Program succeed. This is not medical advice.

 

Changes To the Terms Of Use

We may revise and update these Terms and Conditions 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. Your continued use of the Website following the posting of revised Terms and Conditions 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.

 

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Membership. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

 

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Membership, which provides education and coaching support. The information contained in the Membership, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

 

Fees

In consideration of Your access to the Membership, you agree to pay the following fees. 

An automatic monthly payment of seventeen dollars and 00/100 cents ($17.00) USD. All payments will be automatically withdrawn every thirty (30) days from your payment method that was entered upon checking out. 

If a payment is unable to be processed the Company shall continue to automatically withdraw the funds up to seven (7) business days after the payment was due. If the payment is still unable to be processed after fourteen (14) business days the Client shall be removed from all membership materials and community until their account is back in good standing. 

If a Client is needing to update a payment method they may do so at anytime by clicking here to log into their account or by emailing us at [email protected]. It is the Client’s responsibility to reach out to the Company at least 72 hours in advance of their payment to allow time for their account to be updated. If the Client reaches out less then 72 hours prior to their payment processing date then they understand that the current card on file will be charged.

 

Discounts

From time to time, We may offer discounts or promotional offers on our products or services. These discounts are at our sole discretion and may be subject to specific terms and conditions. The availability, duration, and eligibility criteria for any discount or promotional offer will be clearly stated during the promotional period. Discounts cannot be combined unless explicitly specified. We reserve the right to modify or cancel any discount or promotional offer at any time without prior notice. Discounts or promotional offers cannot be applied retroactively to previous purchases or orders. All discounts are subject to applicable laws and regulations. Please review the specific terms and conditions associated with each discount or promotional offer for further details.

 

Refund Policy

When it comes to Refunds, the Company’s first priority is to make things right and support each Client as best as possible.

You have the right to cancel your Membership and request a full refund within three days of the purchase date. 

For a refund requested outside of this time period - 

Due to the Client receiving access to the Membership Community and Materials if a refund is granted outside of the three day window it shall be prorated based on the days the member had Membership access. The Client’s refund will also have a transaction fee of (2.9% + .30 USD) deduced due to payment processing. 

To request a refund - 

You may email [email protected] in writing via email including the following information 

1. Your purchase date
2. The email you completed your purchase with
3. Why are you requesting the refund?

** All refund requests shall be submitted at least seventy two (72) hours before your payment processing date. If your refund request is not received within these terms your payments will automatically be charged per the original terms and conditions. 

Refund Approval -

Once your refund request is received and reviewed, we will notify you of the approval or next steps regarding your refund.

If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within a certain number of days, per the credit card processing company’s procedures. All future payments will be canceled. 

Changes to the Refund Policy -

We may update our refund policy from time to time. Any changes will be posted on this page, and the date of the latest revision will be indicated at the bottom. 

By adhering to these guidelines, we aim to provide a fair and transparent refund process for all our clients. 

 

Chargebacks

In event of a payment dispute,  Client agrees to attempt to resolve the issue directly with us before initiating a chargeback with their bank or credit card company. If Client initiates a chargeback without first attempting to resolve the issue with us, Client agrees to pay a chargeback processing fee, to be determined on a case-by-case basis. Client understands that initiating a chargeback may result in suspension of services pending the resolution of the dispute. In event of a chargeback that is found in Client’s favor due to Client’s misrepresentation, Company reserves the right to seek legal proceedings for recovery of such fees. Participant acknowledges that they will be responsible for any attorney fees and costs associated with such legal proceedings. By entering into this agreement, Client agrees to this chargeback clause.

 

The Membership

As part of the Program, the Company shall provide the following to Client.

Facebook Group - The Company shall maintain a private group on Facebook where Clients can ask specific questions, get detailed advice, direction and encouragement, converse with other families enrolled in the Membership, gain additional knowledge and trainings and participate in Q&A sessions. You shall have access to this Membership Area for as long as you are a paying member.

Access To Membership Area – The Company shall maintain a Membership Area inside of Kajabi that may include monthly content calendars, recordings and other information. You shall have access to this Membership Area for as long as you are a paying member. In the event that Company intends to close the Membership Area, it shall provide clients with thirty (30) days’ notice.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.

 

Ownership Of All Intellectual Property

All content included as part of the Membership, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Membership, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 

The Company name, the Company logo, the Company slogan, 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 in the Membership are the trademarks of their respective owners.

Your participation in the Membership does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Membership, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program. 

The Company content is not for resale. Your participation in the Membership does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Membership will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 

Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Membership, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information. 

Specifically, you shall not share any information provided by other Membership participants outside of the bounds of the Membership unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Membership with anyone other than the Company, it’s owners and employees, and other Membership participants. 

 

Personal Responsibility

By participating in the Membership, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Membership or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. This is not medical advice. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Membership are no guarantee that you or any other person or entity will be able to obtain similar results.

 You agree to take full responsibility for any harm or damage you or your family suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Membership.

a)    Prioritize Sleep: Teaching a child healthy sleep habits is a joint process between all caregivers. Sleep training requires making time in the family schedule to enforce a sleep schedule that may be different or more strict than the norm. It’s important that good habits are established and dedicating two to three weeks to the process can help ensure long-term success. Things that can negatively impact sleep training include vacations, introduction of new caregivers, late social engagements, etc.

b)     Consulting with the Client’s Health Care Practitioner

The Client agrees to consult with the Client’s pediatrician or family doctor (“health care practitioner”), about the Client’s intention to sleep train and implement the sleep plan with the Client’s child prior to sleep plan implementation. It is the Client’s responsibility to rule out any underlying medical conditions with the Client’s health care practitioner that may be causing sleep problems (i.e. sleep apnea, ear infection, allergies, asthma, etc.), as well as ensure that the health care practitioner has advised that the Client’s child is healthy and that it is appropriate to implement the sleep plan and/or cease night feedings.

Signs and symptoms of pediatric obstructive sleep apnea include loud snoring and more detail can be found here: https://www.yalemedicine.org/conditions/pediatric-obstructive-sleep-apnea

 

Materials Provided By You During The Membership

The Company does not claim ownership of the information or materials You may provide during the Membership (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”). 

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Membership – in the Program and other marketing material going forward. 

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

 

No Warranties

The Company makes no warranties regarding the performance or operation of the Membership, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Membership. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

 

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Membership and/or any information and resources contained in the Membership. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Membership.

The information, software, products, and service included or available through the Membership may include inaccuracies or typographical errors. Changes are periodically added to the information in the Membership. The Company and/or its suppliers may make improvements and/or changes in the Membership at any time. 

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Membership for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Membership or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Membership, or otherwise arising out of the use of the Membership, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Membership or any portion of it, your sole and exclusive remedy is to discontinue using the Membership.

 

Arbitration

​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Membership. 

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Fairfield, CT. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

 

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Membership and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company 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 the Company in asserting any available defenses.

 

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Membership participants, if You fail to follow the Membership guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 

Entire Agreement​

This Agreement, along with the Company’s Privacy Policy constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Membership. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

Severability 

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

Effective Date

This Agreement shall commence and be enforceable with respect to each Membership participant upon the date that the participant initially registers for the Membership.

 

Contact Us

If you have any questions, concerns or complaints about these Online Course Terms & Conditions, please contact us:

By email: [email protected]