Terms of Use

We, at The Baby Sleep Site^®, are all mothers who’ve been where you are – doing all we can to get our children the rest we know deep down they need. We are extremely passionate about delivering comprehensive and supportive tips, advice and encouragement to help your family sleep better.

We have undertaken extensive research and training to be in the position to provide you with expert sleep support. While this is most certainly fact, our advice and opinions are freely available to the public across the globe. As such, you will encounter comments and opinions expressed on our site that are not our own and may misconstrue our intent; those providing comments are providing theirs alone, and do not reflect the opinions of any authors or third-party we mention.

All contents of The Baby Sleep Site®, such as e-guides, e-Books, advice, evaluative consultations, text, graphics, images, and other material contained on The Baby Sleep Site® (“Content”) are for informational and supportive purposes only. The Content is not intended to be a substitute for professional or medical advice, diagnosis, or treatment. Always, always, always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding your or your child’s medical condition(s), behaviors, feeding and sleeping habits, and environment. Never disregard professional medical advice or delay in seeking it because of something you have read on The Baby Sleep Site®!

We are very passionate about all of our products and services. Providing excellent service to you and helping your family sleep better are our top priorities. In fact, it is one of our core missions to provide as many of our services as close to cost as possible, so we can remain accessible to as many families as possible. If, for any reason, you are not satisfied with a product or service you purchased, please first give us a chance to understand where you are and the issue you are facing, so we can work together to find a solution.

Should you decide that we are not the best fit for your family, you may be eligible for a refund according to the below terms:

Personalized Consultation with a Sleep Consultant

We understand that there is no unique definition of perfection. As such, we can’t always guarantee “perfect” sleepers, but we can guarantee a professional and supportive service. Rest assured, you have a full 30 days from purchase to decide if our service is a good fit for your family. Of course, this doesn’t mean that a family’s sleep journey is fully complete in 30 days’ time since that depends heavily on a variety of factors, but it gives you a generous amount of time to decide if our support fits your family’s needs. Our goal is to help your family sleep and we do this by developing a supportive village of experts for you to depend on over the long haul. Because we must account for overhead and our time, and provide the same level of quality service to all families with whom we work, an administrative fee of $100 for the initial telephone or initial email consultation plus $30 per additional email or phone consultation (including emailed plan/recommendations after the first phone consultation), and/or % of use of an unlimited e-mail package must be withheld from each refund. Packages used in their entirety are not eligible for a refund.

We understand that life happens and sickness, travels, and unexpected events crop up when you least desire them and we’ve got a plan for that, too. Unlimited e-mail packages can be paused once per package for a maximum of 4 weeks. Since children grow and change so fast, should you need to pause your unlimited package for more than 4 weeks a $50 reactivation fee must be collected once you resume. We also may not be able to pause a package that is more than half used. Please consult your sleep consultant as these types of pauses will be handled on a case-by-case basis.

Cancellations, reschedule requests, or no-shows within 1 day of any telephone appointment may have 15 minutes of phone time, or its equivalent, deducted to account for the time your sleep consultant has already spent preparing and holding the time for your appointment. This helps to ensure that we can accommodate all families in a timely fashion.

Expiration Dates

E-Book purchases never expire. Should you lose the download page information for one of our e-Books, simply contact our stellar Client Relations Team for them to look up your account and send you the desired information.

In order to accurately meet future families’ needs and ensure high quality, personalized attention for each and every family, as of November 1, 2017, unused consultation services expire six (6) months from the original date of purchase. Unused consultation services will not be partially refunded and are non-transferable to another family.

Members Area

Our Members Area is an auto-recurring/renewing subscription service. It provides access to exclusive content that is unavailable on the main website and requires a separate login. Your first payment is 100% guaranteed, so you have nothing to lose by signing up and taking a look around. Give it a try!

Members Area subscriptions are auto-recurring but can be canceled at any time from within your account once logged in. The subscription will automatically renew and be re-billed based on the subscription level you selected at the time of purchase. The re-billed fee will be based on the $USD rate posted at the time of purchase, which may not include any discounts or promotions, though these may be included in your original subscription price.

To cancel, click the link to ‘Cancel Subscription’ from within your account’s payment history, or by canceling it directly from your PayPal account if that was your original method of payment. If you cancel with time left in your billing period, you’ll retain access to the subscription until it expires.

For all initial purchases of subscriptions, you may cancel during the first 30 days and request a full refund. If the cancellation occurs after the first 30 days, you won’t be eligible for a refund. If you cancel your subscription but are not eligible for a refund, you’ll retain access to the subscription until it expires.

For renewals of subscriptions, cancel within seven days of the renewal date and you may request a full refund. After 7 days, your refund will be prorated from the renewal date to the date requested up to 30 days. No refund is available after 30 days. If you cancel your subscription but are not eligible for a refund, you’ll retain access to the subscription until it expires.

The frequency of use or non-use of our Members Area service cannot be considered when reviewing or approving refund requests.

e-Books

All of our e-Books and e-Book bundles are 100% guaranteed and you may request a full refund within 30 days from the original date of purchase.

Express Sleep Plan^®

The Express Sleep Plan alone is 100% guaranteed and you may request a full refund within 30 days from the original date of purchase.

The Express Sleep Plan Consultation Package and any Express Sleep Plan E-mail upgrade package come with an analysis by a sleep consultant. If provided, because we must account for overhead and our time, and provide the same level of quality service to all families with whom we work, only the cost of the Express Sleep Plan is refundable.

The Express Sleep Plan Plus Phone Support Package and any Express Sleep Plan Phone upgrade package come with an analysis by a sleep consultant on the telephone. If provided, because we must account for overhead and our time, and provide the same level of quality service to all families with whom we work, only the cost of the Express Sleep Plan is refundable.

General Information

Refund requests must be made within 30 days of the original purchase date. Refunds on a product/service will only be issued once per product/service per family. All purchases will be refunded back to the original method of payment whenever possible.

Supplemental fees such as those for expedited processing or sibling add-ons are not eligible for a refund.

To request a refund, simply contact us here.

If you have any questions about any of our terms or policies, please do not hesitate to ask. We’ll take whatever time you need to ensure you understand our services, philosophies, and policies.

Copyright

Our Content is protected by copyright under both United States and foreign laws where applicable. Ownership of the Content, where applicable, remains with The Baby Sleep Site®. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change, termination or retraction without notice at the editorial discretion of The Baby Sleep Site®. All rights not expressly granted herein are reserved to The Baby Sleep Site®.

Disclaimer

Though we try our best to only provide you with best practice tips and advice, you are solely responsible for ensuring that the use or application of information received from The Baby Sleep Site® and its Content meets your family’s needs in terms of safety, expected dangers and care before using or applying it.

When using The Baby Sleep Site®, information will be transmitted over the internet or other medium of your choosing that may be beyond the control and jurisdiction of The Baby Sleep Site® and its suppliers. Accordingly, The Baby Sleep Site® assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of The Baby Sleep Site®. In addition, The Baby Sleep Site does not collect or store private, personal, or protected information through regular use of the website. In addition, The Baby Sleep Site® does not collect or store private, personal, or protected information through regular use of the website.

The Baby Sleep Site® and the content are provided on an “as is” basis. THE BABY SLEEP SITE®, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, The Baby Sleep Site®, its licensors, partners, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, relevance, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of The Baby Sleep Site®.

In no event shall The Baby Sleep Site®, its licensors, its partners, its suppliers, or any third parties mentioned on The Baby Sleep Site® be liable for any damages (including, without limitation, incidental and consequential damages, or personal injury/wrongful death resulting from the use of or inability to use The Baby Sleep Site® or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether The Baby Sleep Site®, its licensors, its suppliers, or any third parties mentioned on The Baby Sleep Site® are advised of the possibility of such damages. The Baby Sleep Site®, its licensors, its suppliers, or any third parties mentioned on The Baby Sleep Site® are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

The Baby Sleep Site (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). ?Message and data rates may apply.

User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.? This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of products and services pertaining to helping your children sleep better.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at [COMPANY’S CUSTOMER SERVICE EMAIL ADDRESS]. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty:? The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.

Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and 317 LABS, INC. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Westerville, OH before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which The Baby Sleep Site’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.