Tiny Transitions, LLC. SleepTrainer® Your Sleep Coach on Call Terms & Conditions for the online sales of Goods and Services

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TINY TRANSITIONS CONSULTING, LLC (“Tiny Transitions”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW. OUR PRODUCTS AND SERVICES ARE NOT INTENDED TO OFFER AND ARE NO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TO DIAGNOSE OR TREAT ANY MEDICAL CONDITION.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.sleepcoachoncall.com (the “Site”). These Terms are subject to change by Tiny Transitions (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).

  1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Tiny Transitions and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by contacting us directly.
  2. Prices and Payment Terms.

    (a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

    (b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

    1. Shipments; Delivery; Title and Risk of Loss.

    (a) We will arrange for shipment of ordered products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

    (b) Title and risk of loss pass to you upon our transfer of the ordered products to the carrier for delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

    1. Returns and Refunds. Your satisfaction with our products and services is important to us, however, due to the nature of our products and services, ALL SALES ARE FINAL – NO REFUNDS OR EXCHANGES.
    1. PRODUCTS AND SERVICES SOLD “AS IS” “WHERE IS” “WHERE AVAILABLE” ALL PRODUCTS PURCHASED FROM THE WEBSITE ARE SOLD ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS WITH NO WARRANTY, EXPRESSLY WRITTEN OR IMPLIED. WE EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO PRODUCT REPLACEMENT OR PURCHASE PRICE REFUND, AT OUR OPTION. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, ADVICE, OR TESTIMONIAL PROVIDED BY US OR ANY OF OUR AGENTS, EMPLOYEES, OR CUSTOMERS WILL CREATE A WARRANTY. THE REMEDIES OF PURCHASE PRICE REFUND OR PRODUCT REPLACEMENT, AT OUR OPTION, ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY DEFECTIVE PRODUCTS. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The informal dispute resolution procedure detailed in Section 12 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
    2. Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).
    3. Site Rules. The Site is intended for personal use.  The list of Rules places limits on what you can and cannot do on our Site.

    (a) You agree that you will:

    • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
    • Provide accurate information to us and keep it updated;
    • Use your real name on your profile; and
    • Use the for Site personal use only and not for any commercial enterprise.

    (b) You agree that you will not:

    • Create a false identity on the Site, misrepresent your identity, create a false profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
    • Develop, support, or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape the Site or otherwise copy profiles and other data from the Site;
    • Override any security feature or bypass or circumvent any access controls or use limits of the Site (such as caps on keyword searches or profile views);
    • Copy, use, disclose, or distribute any information obtained from the Site, whether directly or through third parties (such as search engines), without the written consent of Tiny Transitions;
    • Disclose information that you do not have the consent to disclose (such as confidential information or trade secrets of others (including your employer));
    • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
    • Post defamatory content or reviews;
    • Violate the intellectual property or other rights of Tiny Transitions, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open-source licenses; (iii) using the words “Tiny Transitions,” “Sleep Trainer” or “Sleep Coach On Call” or our trademarks, logos in any business name, email, or URL;
    • Post anything that contains software viruses, worms, or any other harmful code;
    • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology that is not open-source;
    • Imply or state that you are affiliated with or endorsed by Tiny Transitions without our express consent (e.g., representing yourself as a Tiny Transitions employee);
    • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Site or related data or access to the same, without the written consent of Tiny Transitions;
    • Use bots or other automated methods to access the Site, add or download contacts, send or redirect messages;
    • Monitor the Site’s availability, performance, or functionality for any competitive purpose;
    • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site;
    • Overlay or otherwise modify the Site or their appearance (such as by inserting elements into the Site or removing, covering, or obscuring an advertisement included on the Site); and/or
    • Interfere with the operation of, or place an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses, gaming algorithms);
    1. Intellectual Property Use and Ownership. You acknowledge and agree that:

    (a) All know-how, designs, specifications, inventions, developments, processes, copyrights, trademarks, patents and applications, therefore, and other information or Intellectual Property disclosed or otherwise provided to you by Tiny Transitions and all rights therein (collectively, “Intellectual Property”) will remain the property of Tiny Transitions You shall have no claim to, nor ownership interest in, any Intellectual Property. You acknowledge that no license or rights of any sort are granted to you hereunder in respect of any Intellectual Property.

    (b) Tiny Transitions’  brand features are protected by applicable trademark, copyright and other intellectual property laws. If you would like to use any of our brand features on your website, in an ad, in an article or book, or reproduce them anywhere else, or in any other medium, you may not do so without first obtaining written permission from Tiny Transitions.

    (c) You acknowledge Tiny Transitions’  sole ownership of and exclusive right, title, and interest in and to the Trademarks displayed on this Site. You agree that you will not use or display Tiny Transitions’ Trademarks in a manner that would disparage or damage them, or represent that it has any ownership in, or attempt to license, these Trademarks. All goodwill associated with your use of the  Trademarks will be owned exclusively by Tiny Transitions. You will comply with Tiny Transitions’ latest trademark usage guidelines, which Tiny Transitions LLC may provide and circulate from time to time, as well as any other policies governing the use of (i) Tiny Transitions’  logos and other trademarks, and (ii) product images and other copyrighted materials.

    1. Our Privacy Policy https://sleepcoachonca.wpengine.com/privacy-policy/ governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
    2. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, health pandemics, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
    3. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Pennsylvania.
    4. Dispute Resolution and Binding Arbitration.

    (a) YOU AND TINY TRANSITIONS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    (b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

    (c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

    (d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TINY TRANSITIONS  WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

    1. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
    2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tiny Transitions
    3. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
    4. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
    5. Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

    Last Modified: August 24, 2022