Terms of Use
BY VISITING HEALTHY LITTLE VILLAGE YOU ARE CONSENTING TO OUR TERMS OF USE.
OVERVIEW
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
The terms “we”, “us”, “our” refers to Healthy Little Sleepers, LLC. The term “Site” refers to Healthy Little Village and all online class sites connected with Healthy Little Sleepers, LLC. The terms “user,” “you” and “your” refers to site visitors, customers and any and all other users of the site (individually and collectively “Users”).
By using the Site, including all materials presented herein and all online services provided by Healthy Little Sleepers, LLC, you agree to these Terms of Use, without modification, and acknowledge reading them. If you do not agree to these Terms of Use, you may not use the Site. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms, and agreements applicable to those services, these Terms of Use will control. These Terms of Use apply to all Users of the Site and Service (as hereinafter defined).
Healthy Little Village is a membership community where Users may read articles related to sleep, behavior, development, products, and where Users may purchase online products and subscriptions (subscription is known as “Healthy Little Village”) related to these services (individually and collectively “Service”).
USE OF THE SITE + SERVICE
To access or use the Site and Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Children under the age of 18 are prohibited from using the Site and Service.
Information provided on the Site and in the Service is subject to change without notice.
ACCOUNT CREATION
In order to use the Service, you are required to provide information about yourself including your name, email address, username, password and other personal information. You agree that any registration information you give to Healthy Little Sleepers will always be accurate, correct and up to date. You may not impersonate someone else or provide account information or an email address other than your own. Your account may not be used for any illegal or unauthorized purpose.
You may not, in the use of the Site and Service violate any laws in your jurisdiction. Healthy Little Sleepers reserves the right to refuse service based on your provision of inaccurate account information.
You are solely responsible for protecting the security and confidentiality of your account. You shall immediately notify Healthy Little Sleepers of any unauthorized use of your account, or any other breach or threatened breach of the Site’s security of which you are aware.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You will be responsible for any activity conducted under your account.
You shall not post or transmit through the Site any material which violates or infringes the rights of third parties, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
Healthy Little Sleepers reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Healthy Little Sleepers reserves the right to limit the number of participants and subscriptions. Healthy Little Sleepers may at any time change or discontinue any aspect or feature of the Site or Service without notice.
ORDER CONFIRMATION AND PAYMENT DETAILS
We will email you to confirm the placement of your order and with details concerning product or Service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PRICING
Once you purchase a subscription, the initial price you purchased at will remain the same even if the price increases after your initial purchase (unless it's a promotion). However, if you cancel your subscription at any time and re-subscribe at a later date, your new subscription will be purchased at the most current rate. In other words, your initial purchase price will be grandfathered in as long as you do not cancel your subscription after your initial purchase.
MONTH-TO-MONTH PAYING MEMBERS
If you have signed up for a month-to-month Healthy Little Village subscription, the subscription renews automatically each month and your debit/credit card will be charged the fee stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period if created with a promotional rate. Your subscription will start as soon as your debit/credit card is successfully charged and will be charged at the same hour of your initial charge.
CANCELLATIONS, REFUNDS & RETURNS
All sales are final.
Month-to-month subscriptions:
Subscriptions created will not automatically cancel. If you would like to cancel a monthly subscription, you may do so at any time. However, please note that in order to not get billed for next month you must cancel before the last day of month you purchased. Once cancelled, you will no longer be charged going forward. Payments for the next billing cycle will not be refunded, so please make sure to cancel prior to your 30 day subscription.
PROMOTIONS AND BONUS MATERIALS
Subscriptions created during a bonus will not automatically cancel after the promotional period. All sales are final when purchasing during a promotion. Subscriptions purchased during promotions and bonuses are non-refundable.
MEMBERSHIP PARTICIPATION
The primary purpose of the Healthy Little Village is to stay connected, share ideas, and support one another on our journey.
Users should exercise common sense and courtesy in submitting comments or materials for posting. Inappropriate postings and/or comments would include, for example, comments or materials that:
Are obscene, vulgar, abusive, hateful or threatening.
Make false or defamatory statements about others.
Are invasive of the privacy rights of others (e.g., by including personal information about other people without their consent). Harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors.
Users may not use the membership to promote or provide instructional information about illegal activities or for any purpose that may be illegal.
User posts and or comments may not contain comments engaging in political activity.
Users may not use the the membership for commercial purposes. Posts and or comments may not include advertisements for goods or services, solicitations, “spam”, chain letters, surveys, pyramid schemes or the like.
Posts and or comments may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.
Posts and or comments may not include false or misleading representations of affiliation with any other person or entity. A member may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.
The member’s name must be provided in all posts and or comments.
SUBMISSION OF USER-GENERATED CONTENT
You shall not upload, post or otherwise make available on the Site any artwork, photos or any other content (individually and collectively “User-Generated Content”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any User-Generated Content is not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Healthy Little Sleepers from any claim against Healthy Little Sleepers resulting from your posting of User-Generated Content to the Site. For all User-Generated Content submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the User-Generated Content, and that the use or display of the User-Generated Content will not violate any laws, rules, regulations or rights of third parties.
Healthy Little Sleepers reserves the right to remove from the Site any User-Generated Content submitted by you that it deems inappropriate for the Site or that appears to violate these Terms of Use.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our User Agreement, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and the Indemnified Parties (as hereinafter defined) from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all online class, workshop materials and subscriptions are the intellectual property of Healthy Little Sleepers. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part, without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
If you violate this intellectual property policy, we reserve the right to immediately remove you from any and all Service without a refund.
AMENDMENTS TO TERMS OF USE
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Such amendments are effective immediately by us posting the revised Terms of Use on this Site. Your use of the Site and/or Service following any amendment to these Terms of Use will constitute your agreement and acceptance of the revised Terms of Use. We further reserve the right to update any portion of our Site and Service at any time. We will post the most recent version to the Site and list the effective date.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Healthy Little Sleepers and our officers, employees, contractors, directors, licensors, licensees, successors, distributors, agents, representatives, related entities, affiliates, successors and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“) harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, settlement costs and legal or other fees and expenses, suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of any of these Terms of Use, or any use by you of the Site or Service. You shall provide us with any assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
LIMITATION OF LIABILITY
You agree that under no circumstances (including negligence) shall Healthy Little Sleepers or the Indemnified Parties be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with: (i) your use of, or any inability to use, the Site, Service or any content or functions thereof; (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure or any incompatibility between the Site and any site, service, software or hardware; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) 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.
You agree that under no circumstances shall we or the Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, Acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE HEALTHY LITTLE SLEEPER'S PRODUCT IS AT YOUR SOLE DISCRETION. By purchasing any product produced by Healthy Little Sleepers, you accept, agree and understand that you are fully responsible for your progress and results from your participation. You alone are responsible for your actions and results in life which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, and dedication. You also understand that any testimonials or endorsements by our customers or audience represented on, including but not limited to, our Site, Service, programs, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and/or any third parties, and the results experienced by individuals may vary. We offer no professional medical advice. If you have a medical concern, you bring it to your pediatrician or general practitioner.
Every effort has been made to accurately represent this product and its potential.
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