The following agreement (the “Agreement”) contains the terms and conditions that govern your use of the Website(s) and our Service(s) (as defined below). This Agreement describes your rights and responsibilities, as well as what you can expect from the Website(s) and our Service(s).
If you do not agree with any of these terms, do not access or otherwise use our Website and/or Services, or any information or materials contained on the Website.
Restful Insomnia owns and operates the Website and reserves the right to add, delete, and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this Agreement, the new terms will be posted to the Website, and you may also be notified by email.
If any modification is unacceptable to you, we ask you not to use the Website and our Services and to request an immediate termination of your participation. Your express consent or continued use of the Website or our Services following posting of a change notice or new Agreement on the Website will constitute binding acceptance of the changes.
- OUR PRODUCTS & SERVICES
1.1. Restful Insomnia. provides a number of products and Internet-based services through the Website (all such products and services are collectively known as “our Services” hereinafter), including without limitation training and materials designed for the purpose of educational and self-development. We reserve the right to add, change, and/or delete content and/or services from the Website and/or our Services from time to time.
1.2. To be eligible for a refund, you must notify us (sondra [at] restfulinsomnia [dot com]), with your request and reason for cancelling. Account cancels require a minimum of 24 hours lead time.
1.3. You agree to pay, and authorize automatic recurring billing of, any applicable fees with your credit card, or other payment methods, until subsequently cancelled. You understand and agree that each automatic recurring billing of any fees are not refundable and will not be prorated.
1.4. We reserve the right to change the respective fees from time to time.
1.5. The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this website is for general information purposes only. Financial or life results will vary with each individual and we cannot guarantee that you will experience results similar to the testimonials presented on the Restful Insomnia website or elsewhere or any results at all. The services and products We offer are not intended to diagnose, treat, cure or prevent any disease. Testimonials are true and correct and We will verify them upon request. However, these testimonials should not be viewed as guarantees or promises of results. Results are affected by a number of factors over which we have no control. Please seek medical or professional help when dealing with depression, illness or other concerns.
1.6. When sites are suspended, IPs are blacklisted, due to use of bad plugins, updates not being performed, spamming, etc., we are not liable and no monetary compensation will be made.
- USE OF THE WEBSITE AND OUR SERVICES
2.1. We will only knowingly provide our Services to parties that can lawfully enter into and form contracts under applicable law. The Website and our Services are not for children under the age of 18 and any such use is prohibited.
2.2. You must comply with all of the terms and conditions of this Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and our Services.
2.3. Your License to Use the Website and our Services.
2.3.1. We own or license all intellectual property and other rights, title, and interest in and to the Website, our Services, and the materials accessible on and/or through the Website and our Services, except as expressly provided for in this Agreement. For example, and without limitation, we own trademarks, copyrights, and certain technology used in providing our Services. You will not acquire any right, title or interest therein under this Agreement or otherwise unless expressly provided for herein.
What information do We collect?
When you add your name to our email list or place an order from the Shop, you will be asked to enter your name and email address (for the email list) plus your phone number and credit card information when you order something. At all other times, you are able to visit our site anonymously.
We use this information to process your transaction and will never be sold, exchanged, transferred or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- GENERAL RULES
4.1. Prohibited Use. You may not cause harm to the Website or our Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website and/or our Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or our Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website and/or our Services, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website and/or our Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website and/or our Services; (vii) assist or encourage any third party in engaging in any activity prohibited by this Agreement; (viii) co-brand the Website or our Services; (ix) frame the Website and/or our Services; or (x) hyperlink to the Website and/or our Services, without the express prior written permission of an authorized representative of Restful Insomnia.
4.3. Ordering Policies. If you purchase any of our products and/or services, you agree that your use of the product or service is limited by this Agreement as well.
- RESERVATION OF RIGHTS
5.1. Monitoring. We reserve the right, but do not assume the obligation, to monitor transactions and communications that occur through the Website and/or Service. If We determine, in our sole and absolute discretion, that you or another Website user has or will breach a term or condition of this Agreement or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2. Modification of the Service. We may modify the Website and/or our Services at any time with or without notice to you, and will incur no liability for doing so.
6.1. We ask that you respect the Website online community. Your conduct when using the Website and our Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to:
6.1.1. Disparage the products or services of any company or individual.
6.1.2. Impersonate or represent Sondra Kornblatt, Restful Insomnia, our staff, or other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.
6.1.6. Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language; or solicit/post sexually explicit images.
6.1.7. Harass, threaten, or embarrass anyone.
6.1.8. Post anything that you do not have the legal right to post; and
6.1.9. Violate any law, or make any untrue or misleading statement;
7.1. Your Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant us an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. You agree that We will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on “moral rights” or the likes arising from our use of a Submission.
7.2. Submissions by Others. We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website and/or our Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will We be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or our Services by third parties.
- REPRESENTATIONS AND WARRANTIES
8.1. Mutual Representations and Warranties. Each party represents to the other that: (i) the party has the full power and authority to enter into and perform under this Agreement, (ii) execution and performance of this Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which the party is bound, and (iii) the terms of this Agreement are a legal, valid, and binding obligation of the party entering into this Agreement, enforceable in accordance with these terms and conditions.
8.2. By You. You represent and warrant to us that, in your use of the Website and/or our Services, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party; (ii) will comply with all applicable laws, rules, and regulations; (iii) will not disrupt or damage any software or hardware; and (iv) you will provide correct, current, and complete billing and contact information.
- DISCLAIMERS AND EXCLUSIONS
9.1. Disclaimer of warranties. We provide the website, our services, and all content on an “as is” and “as available” basis. We do not represent or warrant that the website, our services, or website content, or use thereof: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with the hardware or software you use. We make no warranties other than those made expressly in this agreement, and hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement.
9.2. Exclusion of damages. We will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the website and/or our services, based on any cause of action, even if advised of the possibility of such damages.
9.3. Limitation of liability. In no event will our liability in connection with your use of the website and/or our services exceed the lesser of (i) the amount paid to us by you during the six months immediately preceding the event that gives rise to such liability, or (ii) one hundred dollars ($100).
9.4. The income disclaimer posted on our website is incorporated herein by reference and you hereby represent that you have read and understand it.
10.1. You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties” harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Agreement through any act or omission. If you have to indemnify us under this section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
11.1. Termination. You agree that, under certain circumstances and without prior notice, we may suspend or terminate your use of the Website and/or our Services, including without limitation, if We believe, in our sole and absolute discretion, that you have breached a term of this Agreement. You acknowledge and agree that all suspensions and terminations shall be made in our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination.
11.2. Survival. Upon termination, your license to use the Website, our Services, and everything accessible by and/or through the Website and/or our Services shall terminate and the remainder of this Agreement shall survive indefinitely unless and until we chooses to terminate them.
- INTELLECTUAL PROPERTY
12.1. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent to receive notice of claimed infringement: Sondra Kornblatt via the contact form.
Provide the following required information (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached at sondra [at] restfulinsomnia [dot com].
- THIRD PARTY REFERRAL FEES
13.1. We may receive an affiliate commission when you purchase some of the products and/or services that we recommend on our Website and/or Services. By entering into this Agreement, You acknowledge that you have been informed of such payments, consent to payments of affiliate commission to Sondra Kornblatt – Restful Insomnia, and that such payments are fair and reasonable.
14.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Washington State .
If you have questions or concerns regarding this Agreement, you should contact us by e-mailing sondra [at] restfulinsomnia [dot com] and writing “Privacy Agreement” in the subject line.
This agreement was last updated December 2018.