Terms & Condition

Terms and Conditions of Use
&
Privacy Policy

 

Terms and Conditions of Use

This document (the “Agreement”) is a legally binding agreement between you and Sleep Health and Wellness Center, PLLC, a company registered in the United States, and its subsidiaries, that governs your use of the online services associated with sleepfitness, including but not limited to, www.sleepfitness.com.

For ease of reference, all of the features and functionality of the website, together with all of its content, shall be referred to herein as “sleepfitness”.

Please note that you must read and agree to the terms and conditions of this Agreement before you use sleepfitness. If you do not agree to the terms and conditions of the Agreement, you may NOT use sleepfitness.

The terms “we”, “us”, “our” and “ours” when used in these terms mean Sleep Health and Wellness Center, PLLC. The terms “you”, “your” and “yours” when used in these terms mean any user of sleepfitness.

1. Contract formation

By using sleepfitness you confirm that you are 18 years of age or older, that any registration information that you submit to sleepfitness is true, accurate and complete, that you will update such information in order to keep it current, that you have read and agree to the terms and conditions contained in this Agreement, our privacy policy (of which is hereby incorporated into this Agreement) and that you shall be legally bound by such terms subject to all applicable laws and regulations.

2. Understanding sleepfitness

You acknowledge and agree that sleepfitness is a self-guided self-help program designed to help you improve your own sleep and that if you choose to access sleepfitness you are solely responsible for deciding which of the suggested strategies you put into practice and how to apply those strategies.

You also acknowledge and agree that sleepfitness is not intended to diagnose, treat or otherwise address any medical and mental health problem and the material on sleepfitness is provided for your information and not as medical and/or mental health advice and should not be seen as a replacement for consultation with a doctor or other qualified healthcare professional. If you receive advice from a doctor or other qualified healthcare professional which conflicts with anything contained in sleepfitness then the former should take precedence.

3. Grant of right of use

Certain content and features of sleepfitness are granted to you on a limited, non-exclusive, non-transferable, revocable right to make personal non-commercial use only of that content and those features of sleepfitness of which you have paid all applicable fees and charges, provided that you comply fully with the provisions of this Agreement.

4. Prices and payment

All prices stated on sleepfitness are inclusive of applicable taxes and fees. Sleepfitness may change the prices of services from time to time. Any price change will be published on sleepfitness. You understand that only you may use your user account, and that your subscription to sleepfitness is only valid for your own personal, non-commercial use and may not be shared with others.

Your subscription to sleepfitness, where the term of subscription is one year and it is not automatically renewed. You will have to manually renew if you would like to purchase an additional year subscription for sleepfitness.

Payments made via sleepfitness are processed securely via Stripe which is an online payment service. We do not store credit card details. You represent that you are the owner, holder and authorized user of the credit or debit card specified by you and you agree that we are authorized to take payment from your account when you register with sleepfitness.

We reserve the right to change the subscription fee and billing methods at any time. We do not offer auto-renewal, so you would see if there was a price change if you were to purchase a new subscription. Your continued use of sleepfitness shall constitute acceptance of such changes.

5. Refunds

Given the immediate nature of access to sleepfitness you no longer have the right to cancel your purchase or receive a full or partial refund after you register. There is a 7-day free trial version to determine whether you wish to purchase sleepfitness.

6. Changes to the Agreement

Sleep Health and Wellness Center, PLLC reserves the right to vary this Agreement from time to time by amending this page. Any material amendments intending to bind an existing user of sleepfitness shall become effective after notification has been displayed for 7 days on such user’s account settings page.

7. Your health and sleepfitness

You are advised to seek the advice of your treating healthcare professional before beginning any sleep improvement program. If you are concerned about your sleep problem, or if you frequently struggle to stay awake during the day, or if you are pregnant, or if you fall asleep during the daytime without intending to, or if you have any other concerns or questions about your health, you should always consult an appropriate healthcare professional. Be cautious in making any changes to your sleep pattern and discuss with your treating healthcare professional if you have any serious mental health and/or medical conditions including (but not limited to) depression, bipolar disorder, schizophrenia, narcolepsy, seizure disorder, sleep apnea, shiftwork, or travel frequently across time zones. If you feel excessively sleepy during the day for any reason do not take risks in driving or operating machinery or other equipment and discuss with your healthcare professional. Always seek professional medical advice when contemplating any changes.

Other medical and psychiatric conditions can occur to disrupt sleep so it is important that you discuss with your healthcare provider if you have insomnia and if a self-guided insomnia program based on Cognitive Behavioral Treatment for Insomnia (CBTi) is the right fit for you. Sleepfitness is not intended to replace medical or psychiatric treatment. Sleep Health and Wellness Center, PLLC is not engaged in rendering professional service or services to the individual using the self-guided insomnia sleepfitness program. The ideas, strategies and suggestions contained in this program are not intended as a substitute for consulting a medical and/or mental healthcare professional. All matters regarding physical and mental health require professional healthcare supervision. Sleep Health and Wellness Center, PLLC is not liable or responsible for any loss or damage allegedly arising from any information or suggestions in the sleepfitness program.

Allison Siebern, PhD, CBSM is responsible for the educational and entertainment information provided on sleepfitness. Care has been taken to confirm that the information is accurate and describes generally accepted practices. If we find, or are alerted to, a mistake, we will correct it as quickly as possible. However, to the fullest extent permitted by applicable laws, the authors, editors and publishers are not responsible for errors or omissions, or for any consequences arising from application of the information on sleepfitness, and make no warranty, express or implied, with respect to the contents, completeness or accuracy of the material published.

8. Privacy

We process information about you in accordance with our Privacy Policy. By using sleepfitness, you consent to such processing and you warrant that all data provided by you is accurate.

In order to access sleepfitness, you may be required to register personal information and establish unique usernames and passwords. You are responsible for maintaining the confidentiality of any passwords, and are fully responsible and or liable for all activities that occur under your password and username, whether by you or by anyone else using your identity. Should your password be compromised by breaches of security such as, but not limited to, loss, theft and unauthorized disclosure, it is your responsibility to immediately notify us of the need to change or deactivate the password. Until we are so notified you will remain liable for any unauthorized use of your account.

9. Intellectual property rights

The layout, design, content and graphics on sleepfitness are protected by copyright laws. Unless expressly permitted in writing and other than printing a small portion of content via the handouts or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of sleepfitness may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.

If you print off or download any material from sleepfitness in breach of these terms of use, your right to use sleepfitness will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written license, are reserved. For all other uses of our content or images you must contact us and obtain our prior written permission.

The sleepfitness logo and the name “sleepfitness” are trademarks owned by Sleep Health and Wellness Center, PLLC. Any use, including, but not limited to, framing, meta tags or other text using the sleepfitness logo or the sleepfitness name or other trademarks displayed, is strictly prohibited without our prior written consent.

10. Prohibited uses

You agree that you will not use sleepfitness to:

  • reproduce, duplicate, copy or re-sell any part of sleepfitness as this is a violation of this Agreement.
  • resell access to the sleepfitness.
  • frame sleepfitness or any part of it.
  • copy any material obtained from sleepfitness to peer to peer networks or other web sites or web services.
  • access without authority, interfere with, damage or disrupt any part of sleepfitness; any equipment or network on which sleepfitness is stored; any software used in the provision of sleepfitness or any equipment or network or software owned or used by any third party.

11. Breach of the Agreement

We will determine, in our absolute discretion, whether there has been a breach of this Agreement through your use of sleepfitness. When a breach of this Agreement has occurred, we may take such action as we deem appropriate, which may include all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use sleepfitness.
  • Issue a warning notice to you to immediately cease and/or remedy such breach and following receipt such action should be taken immediately.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Any further legal action against you.

We exclude liability for actions taken in response to breaches of this Agreement. The possible actions we may take on breach of this Agreement are not limited to those described here, and we may take any other action we reasonably deem appropriate.

12. No warranty

The use of sleepfitness (including but not limited to the content and features) is at your own risk. Sleepfitness is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Sleep Health and Wellness Center, PLLC gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of sleepfitness or to the accuracy of the information contained in any of the materials on sleepfitness. Sleep Health and Wellness Center, PLLC and sleepfitness shall not be liable to any person for any loss or damage of any kind, which may arise, directly or indirectly from the use of or inability to use any of the information contained in any of the materials on sleepfitness. There is no guarantee of availability of information on sleepfitness at any time, nor that it is up to date or error-free. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Sleep Health and Wellness Center, PLLC shall create any warranty on behalf of Sleep Health and Wellness Center, PLLC in this regard.

13. Limitation of liability

To the fullest extent applicable permitted by applicable laws, Sleep Health and Wellness Center, PLLC, its affiliates, officers, directors, employees, licensors or any third parties exclude liability for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) arising out of the use of or inability to use sleepfitness, even if you have advised Sleep Health and Wellness Center, PLLC about the possibility of such loss, and including any damages resulting therefrom. We therefore, to the fullest extent permitted by applicable laws, disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to sleepfitness, or by anyone who may be informed of any of its contents. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Sleep Health and Wellness Center, PLLC (including any of its affiliates, service providers and licensors) under such circumstance for liabilities that otherwise would have been limited, shall not exceed the maximum single purchase price of sleepfitness.

Nothing in this provision affects our or our contractors’ liability for death or personal injury arising from our (or their) negligence nor our (or their) liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter nor any other liability which cannot be excluded or limited under an applicable law.

14. Technology limitations and modifications

Sleep Health and Wellness Center, PLLC will make reasonable efforts to keep sleepfitness operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labor shortage or dispute, or governmental act) may, from time to time, result in interruptions. Sleep Health and Wellness Center, PLLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of sleepfitness with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore sleepfitness (or any part thereof) as soon as practicable. Following any disruption within Sleep Health and Wellness Center, PLLC reasonable control we shall extend your access to sleepfitness for at least the duration for which those services were inaccessible on written request to the below address.

15. Third parties

Description of or reference to any organization, product, practitioner, publication or link to an external website does not imply endorsement by Sleep Health and Wellness Center, PLLC. Equally the omission of any such names does not necessarily indicate a lack of endorsement by Sleep Health and Wellness Center, PLLC.

Your correspondence or participation in promotions, or business dealings with advertisers found on or through sleepfitness, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall not be responsible or liable for any direct or indirect loss or damage of any sort, incurred, or alleged to have been incurred, as the result of any such dealings, or as the result of the presence of such advertisers on sleepfitness.

Certain hypertext links in this site may lead to other third party websites, which are not under the control of Sleep Health and Wellness Center, PLLC. When you activate any of these you will leave sleepfitness and Sleep Health and Wellness Center, PLLC has no control over, and will accept no responsibility or liability, for the material on any website which is not under the control of Sleep Health and Wellness Center, PLLC. Sleep Health and Wellness Center, PLLC does not make any representations or give any guarantee or warranties of any kind, expressed, implied or otherwise about the content on any external website link.

16. Indemnity

You agree to indemnify and hold Sleep Health and Wellness Center, PLLC and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of sleepfitness (and all related materials) or any applicable laws, regulations or third party rights.

17. Assignment by Sleep Health and Wellness Center, PLLC

Sleep Health and Wellness Center, PLLC may assign (or otherwise transfer) this Agreement or any part of it without restrictions. You may not assign (or otherwise transfer) this Agreement or any part of it to any third party.

18. Entire agreement

This Agreement (incorporating these terms and the Privacy Policy may be updated from time to time) constitutes all the terms and conditions agreed upon between you and Sleep Health and Wellness Center, PLLC and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of this Agreement in any written or oral communication from you to Sleep Health and Wellness Center, PLLC are void. You agree and accept that you have not accepted the terms and conditions of this Agreement in reliance of or to any oral or written representations made by Sleep Health and Wellness Center, PLLC not contained in this Agreement.

19. Severability and waiver

If any provision of the Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement shall remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20. Term and termination

This Agreement is between you and Sleep Health and Wellness Center, PLLC only and will become effective when you start using sleepfitness and will remain effective until terminated by you or Sleep Health and Wellness Center, PLLC. Sleep Health and Wellness Center, PLLC reserves the right to terminate this Agreement or suspend your sleepfitness account at any time in case of unauthorized, or suspected unauthorized use of the sleepfitness whether in contravention of this Agreement or otherwise. If Sleep Health and Wellness Center, PLLC terminates this Agreement, or suspends your sleepfitness account, for any of the reasons set out in this section, Sleep Health and Wellness Center, PLLC shall have no liability or responsibility to you whatsoever, and Sleep Health and Wellness Center, PLLC shall not refund any amounts that you have paid.

21. Governing law and disputes

These terms and conditions are governed by the laws of the United States of America and the laws of the State of North Carolina. Sleepfitness is controlled by Sleep Health and Wellness Center, PLLC from its offices in the United States of America and in the State of North Carolina. Access to, or use of, sleepfitness and any related information and materials, may be prohibited by law in certain jurisdictions. You are responsible for compliance with all applicable laws of the jurisdiction from which you are accessing sleepfitness. We make no representation that the information contained herein is appropriate or available for use in other locations. We reserve the right to bring legal proceedings in any jurisdiction where we believe a breach of this Agreement has originated.

22. Survivorship

The following provisions shall survive termination of this Agreement: Clause 9 (Intellectual property rights), Clause 13 (Limitation of liability), Clause 16 (Indemnity), Clause 18 (Entire agreement), Clause 19 (Severability and waiver) and Clause 21 (Governing law and disputes).

23. Effective date

Terms and Conditions of use is effective as of October 1, 2019

24. Contact

You can contact us by email:

hello@sleepfitness.com

Questions regarding medical advice should be directed to a qualified healthcare provider as we will not address any such inquiries.

 

Privacy Policy

Sleep Health and Wellness Center, PLLC is committed to protecting and respecting your privacy. This Privacy Policy (“Policy”) (together with our Terms and Conditions of Use) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

1. Purpose of this policy

Sleep Health and Wellness Center, PLLC provides you (the “User”) with access to sleepfitness. Our privacy policy is written to be compliant with numerous national and international laws and frameworks.

2. Your data

We process your data in order to provide sleepfitness with enough information to create an account on sleepfitness.

Personal information

We collect information such as your name, age range, zip code and email address although we only use it to personalize your account. Instances where we communicate with you through email include a confirmation email when you register for full access to sleepfitness, if you forget your password and need it reset, if you reach out to sleepfitness with a support question, and when your account subscription is expiring.

Health information

We collect information about your sleep (including, but not limited to, the time you spend in bed and time you spend asleep, number of interruptions in your sleep, and a self-reported evaluation of your sleep quality) in order to deliver sleep log output data.

Electronic identifiers

We may collect information about the devices you use to access the System, including (but not limited to) IP address, mobile device UDID and IMEI numbers, operating system, browser type, and screen size. This information is used to provide you with customer support, for system administration, to tailor your experience of sleepfitness, to report aggregate information internally.

Cookies

We may store cookies (small text files managed by your web browser) on your computer in order to improve your experience with sleepfitness. Example uses of these cookies include: recognizing you when you return to sleepfitness, maintaining data you’ve entered across multiple sessions, and storing information about your personal preferences.

You may refuse to accept cookies by changing the settings on your device to prevent cookies from being set. However, if you select this setting you may be unable to access certain parts of sleepfitness. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you visit sleepfitness.com.

3. Who has access to that data?

Sleep Health and Wellness Center, PLLC understands that your identifiable health information is private and personal and is dedicated to maintaining its confidentiality and integrity. As such, we will never sell or rent it, and we have policies, procedures, and other safeguards to help protect it from improper use and disclosure.

The following categories describe the ways in which we use your identifiable information in rare instances that require us to disclose it to persons and entities outside of Sleep Health and Wellness Center, PLLC. We have not listed every use or disclosure within the categories below, but all permitted uses and disclosures will fall within one of the following categories. In addition, there are some uses and disclosures that may require your specific authorization.

Sleep Health and Wellness Center, PLLC does not disclose Personal Information to third parties for any purpose materially different from the purpose(s) for which it was originally collected.

Disclosure at your request

We may disclose information relating to your use of sleepfitness when requested by you. This disclosure at your request may require written authorization by you.

Payment

We do not store credit card or customer details with any 3rd parties except Stripe in order to process your payment to sleepfitness.

Services and Operations

We may use and disclose your identifiable information in connection with providing services, for our operations, which include administration, analytics and various activities that assess and improve the quality and cost effectiveness of the service that we deliver to you.

Emails

We may receive a confirmation when you open an email from us, or click on a link in an email, if your computer supports this type of program. We use this confirmation to help us make emails more efficient.

Reminders and notifications

We will email you as a reminder that your year subscription is coming to an end and as a reminder to download your sleep log data if you wish to retain the information.

4. How do we store your data?

Information you provide to us is stored in encrypted form on secure servers located in the US, which are owned and operated by Amazon Web Services (AWS). AWS are industry leaders in the provision of hosting services and take security seriously. By submitting your personal data, you agree to this transfer, storing or processing.

5. Right to access

A user of sleepfitness has access to their sleep log data and can download it or clear all the data.

6. Amending this policy

We reserve the right to revise this Privacy Policy without notification. Any changes or updates will be effective immediately upon posting to www.sleepfitness.com Your continued use of sleepfitness constitutes your agreement to abide by the Privacy Policy as changed. Under certain circumstances (for example, if we expand the ways in which we use your personal information beyond the uses stated in our Privacy Policy at the time of collection), we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an email.

Questions relating to revisions to this Policy may be addressed to: hello@sleepfitness.com

7. Effective date

This Policy is effective as of October 1, 2019