Updated: March 6, 2023
Welcome to the www.Sleephoria.com website and its services (collectively, the “Site”) operated by Sleephoria, LLC, a Hawaii limited liability company. By visiting and using this Site you will be accepting these Terms of Use ("TOU"). The TOU governs your access to and use of the Site and any of the Services we provide through the Site (together the “Services”). Please read them carefully and if you disagree with the TOU in any way, then do not use this Site or any of the Services. Sleephoria reserves the right to post changes to the TOU on this Site at any time. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, and notify you by email or by means of a notice on our Site. If any TOU changes are not acceptable, you must stop your use of this Site. In these TOU, "Sleephoria" and "we" refer to Sleephoria, LLC, and "User" or "you" refer to each visitor to this Site.
If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions applicable to such Services, if any.
Terms & Conditions
Sites and Services
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Sleephoria shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by Sleephoria to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. Sleephoria assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User's system, the Internet network or any other cause.
Non-Licensed Services
The Site does not provide any professional licensed services, such as but not limited to, medical advice and diagnosis, medical treatment, psychology, or psychiatric services. Nothing herein, including any services offered by the Site, creates a physician patient relationship. You should consult your physician before taking or implementing any advice from the Site.
Minors
We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 13 years of age.
License to Use Site Content
We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site.
Please note that, if you purchase any Courses (as defined herein) or Coaching (as defined herein), such products are subject to additional terms of use(below).
Third Party Content
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of Sleephoria which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Sleephoria shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.
Account Creation
General. Some of the Services offered by Sleephoria require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been comprised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information.
Social Sign in. If you login or sign in using social networking functionality, e.g., Instagram, you agree to abide by the applicable social network’s terms and conditions.
Webinars
In the event that Sleephoria makes webinars available (each a “Webinar” and together “Webinars”), the below applies in addition to the rest of the terms of this TOU. You understand and agree to receiving communications from Sleephoria and/or providers of these Webinars, including as set forth in the “Communications” section of this TOU. Sleephoria reserves the right at any time and for any reason and without notice to you, to change, modify, suspend, or cancel access to and/or any and all of the Webinars and/or services related to the Webinars, in whole or part.
All Webinar content is owned by or licensed to Sleephoria and/or its licensed content providers, and all such rights are reserved. You may not reproduce, upload, transmit, distribute, publicly display, sell, publish, copy, or otherwise use the Webinar, and/or any content or materials provided in connection with any Webinar for any commercial purpose without Sleephoria’s express written consent.
The appearance of any instructor in any Webinar is not and shall not be deemed an endorsement or recommendation of that instructor by Sleephoria and the views expressed in any Webinar are those of the instructor and not Sleephoria.
Sleephoria Courses
General. Sleephoria offers or may offer online information courses, workshops, classes and other educational programs relating to sleep and related topics for a fee (“Course(s)”) through its Sleephoria Course services. For clarity, the Sleephoria Course is included as part of the Services offered by Sleephoria. Sleephoria may also offer you the ability to engage in communication with fellow users taking the Courses. This TOU, including this section specifically on Sleephoria, govern your purchase, use and/or access to any Course. You must login to your account to sign up for a Course. Sleephoria uses third party services to provide the platform for the Courses as well as for payment processing and those third parties may have access to your information for the purposes of providing the Course Services. Please note that we may communicate with you as set forth in the “Communications” section of this TOU in connection with the provision of the Sleephoria Course and/or other Sleephoria services.
Informational Purposes Only. These Courses are offered for information purposes only. Neither Sleephoria, nor any person providing instruction in any Course, is providing you nutritional, pharmaceutical, medical, legal, accounting, investment or financial advice. You are solely responsible for confirming the accuracy and appropriateness of the information for your own uses with your physician and other advisors. Sleephoria’s provision of any Course or the appearance of any specific person instructing any Course is not a recommendation by Sleephoria of that Course, the content contained therein or the person providing instruction. We do not employ any instructors and are not responsible or liable to you for any interactions between you and any instructor or any other user of the Services. We make no representations or warranties as to the quality of any Course or instructor.
No Academic Credit. Sleephoria is not an accredited educational institution. Your participation in, or completion of, any Course does not confer any academic credit. Nothing in this TOU or otherwise through the Services or on our Site, enrolls you in any educational institution or in any course offered by any such institution.
Your Use of the Courses. Subject to your compliance with this TOU and any other guidelines or policies we include through the Services, Sleephoria grants you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to make non-commercial, personal use of the Courses you purchase. Purchase of a Course only entitles you to the view the Course, and is not a purchase of the software or content included in the Course. Except as set forth below, Sleephoria reserves the right to terminate your access to the Site at any time for any reason or no reason at all, with or without notice to you. Unless you have, as determined in our sole discretion, violated this TOU, such termination will not terminate your right to view any Courses you have already purchased. You may not transfer your account to any other person or use anyone else’s account. Except as otherwise expressly permitted in this TOU, you are prohibited from and may not copy, sell, re-sell, display, reproduce, publish, modify, creative derivative works from, transfer, distribute, or commercially exploit the Courses and/or any related materials; and Sleephoria reserves the right to pursue legal action against you in connection with any unauthorized use of the Courses, the related materials, or your violation of this TOU, whether at law or equity.
Subject to your satisfactory completion of a Course, as determined by Sleephoria in its sole discretion, Sleephoria may provide you with a certificate of accomplishment upon conclusion of the applicable Course. You acknowledge that any such certificate merely indicates completion of a Course and is not affiliated with any college, university, company, or other certifying institution, and does not stand in the place of a course taken at any academic institution and does not convey academic credit or certification for any such academic institution and neither Sleephoria nor any instructor has any obligation to you to assist you in obtaining any such credit or certification.
Coaching Services
Sleephoria may offer coaching services with one of its instructors (“Coaching”). Coaching does not create a physician patient or therapist patient relationship with you, even if your instructor is licensed in those fields. Coaching does not offer any medical or psychological services, and you should consult your physician before implementing any advice from Coaching. You instructor may terminate his or her services with you at any time if your behavior with the coach is offensive, hostile, uncooperative, or for other similar reasons.
cancellations
Client agrees that it is the Client’s responsibility to notify the Coach 24 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill the Client for missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
Payment
Each Course, Coaching or other service (the “Online Offering”) is offered for certain price as listed on the relevant landing page or in appendix A. All fees are in U.S. dollars. To purchase an Online Offering you must provide the Payment Methods requested. You represent and warrant that you are authorized to use any and all Payment Method(s) you use to purchase an Online Offering. You agree to pay for all Sleephoria products and services that you purchase, and agree that we may charge your selected payment method through our third party payment processor for any such payments. If your payment method fails, we may collect fees owed or use other collection methods. We may also suspend or terminate your access to our Services. For some Payment Methods, the issuer may also charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your provider for details. “Payment Method” means a current, valid, accepted method of payment as may be updated from time to time and which may include payment through your account with a third party).
We use a secure third party payment processor(s) for the Online Offering. These payment processors accept payment methods as detailed on the payment page. Information that you supply to our payment processors is not stored or controlled by us and is subject to the third-party payment processors’ privacy policy and terms and conditions. To the extent allowed under applicable law, we disclaim all liability with regard to any problems you have with any third party payment processors.
Refunds
All payments are final and no refunds are given except where required by law.
Taxes
If you elect to access or use Services that involve payment of a fee, then you agree to pay that fee and all taxes associated with such access or use, including, if applicable, any sales tax Sleephoria believes in good faith that it is required to collect Sleephoria may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where Sleephoria believes in good faith that VAT collection is required for any Course, VAT will be calculated and added once your billing information is provided. You will indemnify and hold Sleephoria harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon. Sleephoria is unable to provide you with tax advice and you should consult your own tax advisor.
Compliance with Laws
You agree to comply with all applicable laws in connection with your purchasing and/or viewing of any services. Further, access to our services from certain territories is prohibited. You agree that you will not violate any data export laws in connection with your purchase and/or viewing of the services if you reside outside the United States.
Material Ownership
We and our licensors own all right, title and interest in and to the Courses, Coaching, and related materials. We and/or third party licensors either own or have all necessary rights in and to the content contained in any Course or Coaching materials (e.g., lectures, video lessons, quizzes, presentation materials, assignments, images, text, displays, documents, audio and/or video clips, HTML, etc.) or materials provided during Coaching. The foregoing includes any and all copyrights, trademarks, or other proprietary rights under applicable law. Nothing contained in this TOU, in any Course, or any Coaching materials conveys to you any ownership or other proprietary right except as otherwise set forth herein.
Any Sleephoria logos and/or trademarks that appear are our property and may not be used without our express written consent. All other trademarks, service marks and logos used in connection with any service, with or without attribution, are the trademarks, services, or logos of their respective owners and may not be used without their express written consent.
Indemnification
You agree to indemnify and hold Sleephoria harmless from and against any claims arising out of or related to your use of the Sleephoria’s Site and services, including without limitation, for your violation of any law or regulation or if your use infringes or otherwise violates any intellectual property or other proprietary right of Sleephoria or any person or entity.
Modification and/or Termination of Courses
We reserve the right to at any time, modify or discontinue, temporarily or permanently any one of the Courses or Coaching services, in whole or in part. You agree that we are not liable to you or any third party for any such modifications, suspension, or termination of any or all services. Nothing in this TOU shall be construed to obligate us to maintain and/or support any of our services, in whole or part, during the term of this TOU or thereafter.
We reserve the right to at any time, modify or discontinue, temporarily or permanently any one of the Courses or Coaching services, in whole or in part. You agree that we are not liable to you or any third party for any such modifications, suspension, or termination of any or all services. Nothing in this TOU shall be construed to obligate us to maintain and/or support any of our services, in whole or part, during the term of this TOU or thereafter.
Viruses
Sleephoria does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures, software, and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Advertisers Are Not Endorsed
Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. Sleephoria does not review, endorse or recommend the products or services of any company mentioned on our Site, unless expressly stated. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.
Affiliate Links
From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review and have no control over such sites and resources, Sleephoria shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
The Company will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU.
Prohibited Conduct
The following activities are strictly prohibited:
Sharing unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”);
Sharing for any unlawful or fraudulent purpose (including links);
Sharing of personal information (for yourself or anyone else);
Sharing materials containing viruses or other malicious or destructive code;
Sharing of offensive content including profanity, obscenity, racist or pornographic material;
Engaging in any activities that are defamatory, violate the personal privacy rights of others, or infringe any person's rights, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;
Sharing any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrading to others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way;
Copying, modifying, creating a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
Interfering with or disrupting the Site functionalities, Services, or servers and networks connected to Site, or disobeying any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
Modifying the Site or Services in any manner or form, or using modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
Reproducing, printing, caching, storing, or distributing content retrieved from the Site or Services in any way not authorized by this TOU or for any commercial use without the prior written permission of Sleephoria;
Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Site;
Accessing the Site or Services by any means other than through the interface that is provided by Sleephoria;
Using the Site or Services to violate any law (whether local, state/provincial/territorial, national, or international), whether or not intentionally;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity;
Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site;
Engaging in "screen scraping," "database scraping,"; and/or
Facilitating violations of this TOU or the Privacy Policy.
Privacy
This Site may collect personal information from some Users. Please review our Privacy Policy to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information. The Privacy Policy is incorporated by reference and made a part of this TOU. You should not share with us or any other user, any information that is confidential to you or a third party.
Communications
When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Sleephoria will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Sleephoria, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you, in accordance with applicable law. Consistent with federal CAN-SPAM or anti-spam laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account, confirmation of your registration for Courses, information about your progress, or other services that may be necessary to provide you with any one of the Services.
If you provide your telephone number to us when you register for an Account or use other Sleephoria Services on the Site, you expressly consent to receive autodialed or prerecorded calls and text messages from Sleephoria at that number. If a telephone number is a mobile telephone number, you hereby consent to receive SMS or text messages at that number. We may place such calls or texts to (i) notify you about your account and any use thereof; (ii) provide you with services associated with the Online Courses, Webinars, etc.; (iii) troubleshoot problems with your account; (iv) resolve disputes; (v) contact you with offers and promotions; or (vii) as otherwise necessary to service your account or enforce these TOU, our policies, applicable law, or any other agreement we may have with you. We will not share your phone number with third parties for their purposes without your consent. We may share your phone numbers with our Affiliates or with our service providers, such as customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these TOU, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.
You understand and consent that we may, in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Feedback
We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding our Services. You understand and agree that Sleephoria does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you.
Proprietary Rights
The Sleephoria Site and its content are protected by copyright, trademark, and other proprietary laws. See our Copyright Notice.
Reporting Copyright Infringement. Sleephoria takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. For U.S. users, if you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed, or, if the claim involves multiple works on the website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may submit your DMCA Notice to the address below:
Sleephoria, LLC.
1303 W. Valencia Dr.#253
Fullerton, CA 92833
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on this website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Repeat Infringers. It is our policy in appropriate circumstances to disable access to this Site and/or terminate the accounts of users who are repeat infringers of these TOU.
Local Availability
Although Sleephoria offers services in many parts of the world, certain Sleephoria services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, our Site and any of our Services at any time without advance notice.
DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITE, THE WIDGETS AND SERVICES IS AT YOUR SOLE RISK. THE SITE, THE WIDGETS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SLEEPHORIA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE WIDGETS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE WIDGETS, AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. TO THE GREATEST EXTENT PERMITTED BY LAW, SLEEPHORIA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE WIDGETS THE SITE, AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
EXCLUSION OF CONSEQUENTIAL DAMAGES
IN NO EVENT WILL SLEEPHORIA BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WIDGETS THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF SLEEPHORIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
EXCLUSION OF LIMITATIONS AND DISCLAIMERS
BECAUSE SOME JURISDICTIONS, SUCH AS NEW JERSEY, RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS SLEEPHORIA'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General
This TOU, and any applicable TOS, constitute the entire agreement between each User and Sleephoria governing the User's access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the State of Hawaii without giving effect to any principles of conflicts of laws. Each User hereby attorns and agrees to the non-exclusive jurisdiction of the courts of the Honolulu, Hawaii.
