The following terms ("Terms") constitute an agreement between Super Sleep MD LLC ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company ("Website").
Throughout these terms, the collective content from the Website, products/services available for purchase on the Website, or other content provided by Company in relation to the Website will be referred to as “Company Content.”
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms. Company reserves the right to modify, alter, amend or update its Website, policies, and these Terms. These Terms are subject to change without notice. If you do not agree with or do not accept any part of these Terms, you must not use the Company Content.
Any additional policies or terms adopted by Company are hereby incorporated into these Terms. This includes:
Through the Website, you may purchase enrollment into our Make Friends with My CPAP course (“Program”). The cost to purchase the Program is listed on the enrollment page at the time you complete your purchase. Upon our receipt of your payment, you will be granted access to the Program.
If you are not satisfied with the Program for any reason, you may request a refund within the first 30 days. The start of the 30-day refund period is the date when we release the first module. Please note that this period is not measured by when you interact with, open, or access the first module. Only our release date will be used for the calculation.
Program Access and Duration
The Program is intended and suitable for individuals age 18 and over.
To access the Program, you must create an account on the Program’s technological platform. You are responsible for ensuring that your login information remains private. If Company suspects that your login credentials have been shared with a third party, Company reserves the right to revoke your access to the Program.
The duration of the Program is twelve weeks total. For the first six weeks, we will give you access to one module per week. Upon release of the sixth (and final) module, you will receive access for an additional six weeks. After the expiration of this period, your access to the Program Materials will be revoked.
Program Coaching Calls
As part of the Program, Company will host weekly coaching calls for all members (“Program Coaching”). In the Program Coaching, Program participants are invited to receive coaching from Company.
All Program participants are invited to attend Program Coaching. Your participation in Program Coaching is voluntary. A schedule for the calls will be released. If you are unable to attend, no make-up calls will be offered.
Please do not share information you seek to keep confidential in the Program Coaching.
Program Coaching will be recorded and stored for all members to access. By attending the Program Coaching, you are granting Company the right to record and store the call recordings as described herein, which may include your likeness, name, and any content you contribute during the recording.
Program Q&A Calls
As part of the Program, Company will host weekly question-and-answer calls for all Program participants (“Program Q&A”). In the Program Q&A, all Program participants are invited to attend and ask questions about the Program Materials. Your participation in Program Q&A is voluntary. A schedule for the calls will be released. If you are unable to attend, no make-up calls will be offered.
Program Q&A will be recorded and stored for all Program participants to access. By attending the Program Q&A, you are granting Company the right to record and store the call recordings as described herein, which may include your likeness, name, and any content you contribute during the recording.
License for Use of Program Materials
If you purchase the Program, you will receive access to certain materials (“Program Materials”), such as downloadable or non-downloadable content.
All Program Materials were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without written permission from Company, except as stated herein.
As a participant in the Program, you will receive access to the Program Community. You agree to follow all Community rules, stated below.
You may enroll in an ongoing membership in the Group Coaching Membership, which is delivered electronically.
This Membership is available for adults over the age of 18.
Purchasing Enrollment in the Membership
To purchase the Membership, you will complete the purchase, which includes payment of a minimum of the initial time commitment and create your Membership profile in order to access the materials. You will be billed in accordance with the program duration you selected for the Membership.
You agree to keep your billing information updated. If we are unable to charge your billing method, you will be removed from the Membership until the information has been updated.
Company offers different levels of membership, which may have different benefits. You will select the level of Membership at the time you enroll. You will be eligible to upgrade or downgrade your account at any time. Company reserves the right to change the benefits available to different membership levels at any time.
Please note that purchase of the Membership is for one individual. Sharing logins so that multiple people may access the Membership or Membership Materials is strictly prohibited. This includes sharing for multiple family members.
Cancellation of Membership
Membership may be canceled at any time; however, no refunds will be authorized after fees have been charged. To avoid incurring additional fees, you must cancel the Membership prior to the next billing date. To cancel or change Membership level, email [email protected].
Your access to the Membership will be disabled at the expiration of the period for which you have already paid.
Company reserves the right to update the prices to the Membership at any time. Company will provide you with 14 days email notice of any changes. If you elect to continue in the Membership after the date of the increase, you are agreeing to the updated pricing.
No refunds are available for amounts already paid for the Membership.
Membership may be canceled at any time. Upon cancellation, your member account will be disabled at the expiration of the period for which you have already paid. You may avoid incurring additional fees by cancelling the Membership prior to the billing date.
Company reserves the right to terminate your access to the Membership at any time for any reason. If the termination is due to a breach of the Membership Terms, no refund will be due to you. If there is no breach, Company will provide you with a pro-rata refund on any fees for the billing period.
License for Use of Membership Materials
As an active member of the Membership, you will receive access to exclusive Membership content (“Membership Materials”).
All Membership Materials were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without written permission from Company, except as stated herein.
If you would like to request to use certain Membership Materials, please email [email protected]. Until an authorization is received, you agree that they will not use the Membership Materials in any way not provided in these Terms.
Membership Q&A Sessions
As part of the Membership, Company will occasionally host calls for all members (“Membership Q&A”). Membership Q&A will be recorded and stored for all members to access. By attending the Membership Q&A, you are granting Company the right to record and store the call recordings as described herein, which may include your likeness, name, and any content you contribute during the recording.
Company Community Policies
Company may offer a community component (the “Community”) as part of the Program or Membership, where you may upload or contribute content. Currently, the Community is comprised of a Facebook group. By participating in the Community, you agree to abide by the Community rules stated here, regardless of the particular location of the Community.
Company’s sole discretion will be used to determine if you are in violation of these policies. Any member in violation will be deleted promptly and will no longer be able to access the Community. No refund will be due to you if you have been removed for a violation of this policy.
Code of Conduct
The following types of Community contributions will not be tolerated and will be deleted:
- harassment directed toward any content creator or Company;
- hate speech;
- sexually explicit material;
- defamatory statements regarding Company or any third party;
- references to illegal acts; or,
- contributions that may violate the legal rights of a third party.
Confidentiality in Community
All members are expected to treat any contributions to the Community as Confidential. Screenshots, streaming or any photos/video disclosing information from the Membership will be considered a violation and will lead to termination.
For clarity: You are not permitted to share any information from another Community Participant.
If you provide us with a testimonial regarding your experience with our Program or Membership, you grant us the right to publish the testimonial for marketing purposes. If you provide it with your testimonial content, this includes the right for us to use your name and likeness.
Tech Support or Customer Service Inquiries
If you encounter any issues when using the Program or Membership, please contact customer service at [email protected].
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Company Content. Subject to the license stated herein, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content;
- Reproduction or duplication of any content on the Company Content for commercial purposes;
- Modification of any content in the Company Content;
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company's express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You must not use the Website for any third-party marketing without Company's express written permission.
Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
Content Contributed to the Website
In limited circumstances, you may contribute content to the Company Content, including, but not limited to, suggestions, notes, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third party's legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company's rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Company Content.
Grant of Rights
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
LINKS TO THIRD-PARTY WEBSITES
The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms and policies for any third-party website that relate to your use of the Company Content. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Company Content, you expressly hold Company harmless from any and all liability in any dispute.
The Website and all Company Content are provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website, Company Content, or the information and materials provided therein.
Company makes no warranty the Website or Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language.
COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND COMPANY CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
The Terms will be governed and construed in accordance with the laws of the State of Minnesota. Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Ramsey County, Minnesota. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion.
All notices with respect to the Terms must be in writing and may be via email to [email protected] for Company and to your email address.
Updated: May 12, 2022