Terms and Conditions
Last updated: March 16, 2023.
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Rested Mama, Happy Baby Sleep Solutions, 40960 California Oaks Rd, Unit 822 Murrieta, CA 92562.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Services refer to the items offered for sale on the Service.
Order mean a request by You to purchase Services from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website services, digital products, and online courses.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Rested Mama, Happy Baby, accessible from www.restedmamahappybaby.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
These Terms and Conditions (these “Terms” or the “Agreement”) set forth the terms and conditions between Rested Mama, Happy Baby Sleep Solutions, LLC, a California limited liability company (the “Company”) and users (“You” or “Your”) and governs Your use of the Company’s website (the “Website”) and of the purchase or access of the Company’s services (“Services”).
BY BROWSING, ENTERING, ACCESSING, SUBMITTING ANY INFORMATION TO, PURCHASING SERVICES, CLICKING TO ACCEPT OR AGREE TO THE TERMS AND CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
Changes to the Terms
The Company reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to You. The Company reserves the right, in its sole discretion, to restrict, change, suspend or terminate access to all or any part or aspect of the Website or Services, including the availability of any feature, database, information, or website content, at any time and without prior notice or liability. Continued use of the Website or Services following any changes to the terms of the Agreement constitutes Your acceptance of the changes, regardless of whether the Company posts or sends a notice about such changes. If You do not agree with the terms of this Agreement at any time, You are required to cease use of the Site and Services.
Information that may be requested on the Website for purposes of purchasing Services, include credit card, banking and/or other personal information such as name, address, email, and address. You agree that this information is accurate and complete, and not misleading.
The Website and Services are not intended to diagnose, treat, cure, substitute or prevent any disease and use for treatment of any disease. The information on the Website, the Services, or other materials the Company may provide to You are designed for informational purposes only and are not intended to be a substitute for informed medical advice, diagnosis, treatment, or care. You should not and agree not to use any of the Company’s Services or other online courses or resources without consulting with a medical professional. IF YOU THINK YOU MAY HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, CALL EMERGENCY SERVICES IN YOUR AREA OR GO TO THE NEAREST HOSPITAL IMMEDIATELY. DO NOT RELY ON THE WEBSITE OR SERVICES FOR ASSISTANCE IN SUCH CASES.
Nothing contained on this Website or in the products or Services available via the Website, whether free or for purchase, offer any sort of guarantee. Any results examples listed on the Website are based on previous clients and customers and are not a guarantee that You will see the same or similar results. Company cannot guarantee or warranty any particular result, as Your situation is unique to You and experiences of prior customers and clients may not be the same.
Placing Orders for Services or products
By placing an Order for Services through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Services available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, email, phone number, credit card number and expiration date, billing address, and shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Use of Products and Services
Our content, classes, and digital products are intended for use of only one household within the time provided. Sharing Company classes, guides, or other products or Services, whether offline or online, sharing of passwords and login information, and distribution of resources developed by the Company is expressly prohibited. Anyone in violation of these terms will lose all access to all digital products and Services immediately and will forfeit all rights to any refunds. This also includes prohibition of selling any information and logins.
Order Cancellation By Us
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Services availability
- Services have already begun or a deliverable has been created such as a sleep plan
- Services are scheduled within 48 hours
- Errors in the description or prices for Services
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Services You purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy on this Website or the Consulting Contract provided for personal consultations.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about Your right to cancel Your Order.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Services on the Website. The Services available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Services on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Services purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Except when required by law, payment for Services completed in part or in full are non-refundable. This includes, but is not limited to, work completed to prepare for consultation, responses, virtual support, and digital products consumed.
No refunds will be processed after 7 days of purchase regardless of whether services have been used or rendered, which includes online course content, unless covered in our 30-day money back guarantee.
Refund Policy for online coursesonly (without any personal support):
- Cancellation after payment has been submitted, within 24 hours of purchase, if You have not utilized any Services or consumed any digital products or online course Services, will be refunded less a cancellation fee of $25..
- If any part of the course or its digital products are consumed, downloaded, or watched, in whole or in part, and You choose not to continue with Services or to cancel Services, no refund will be provided.
Refund Policy for ESSENTIAL GROUP COACHING OR ADD-ON plan programs:
- Refund Policy for ESSENTIAL GROUP COACHING:
- Cancellation after payment has been submitted, within 24 hours of purchase, if the customer has not utilized any Services or consumed any digital products or online course Services, will be refunded less service fee of $50.
- If no sleep support or Services have been rendered, but the online course and information have been consumed in any way, You will be refunded less credit card processing fees and will be subject to a $179 online course and Service fee.
- 30-Day Guarantee: Rested Mama, Happy Baby provides a 30-day money back guarantee (minus $50 processing fee) from the time of purchase if You see no improvement in any sleep and submit proof of all of the following:
- Proof of submission of all worksheets and homework as requested in the coaching program to the Rested Mama, Happy Baby Team
- Proof that all course and content for guidance has been utilized or consumed, including, but not limited to watching all course modules for guidance.
- Proof of submission of sleep log for audit
- Attendance at a minimum of 3 coaching calls for troubleshooting or support.
- Utilization of the Facebook Group or email for assistance
- Proof of lack of results such as a sleep log or baby tracking screen shots
- Proof and acknowledgment that all recommendations provided by the coaches have been implemented for at least 3 consecutive days.
- If after any sleep support or Services have been rendered in the form of email, phone consultation, or consumption of online courses or digital products, in whole or in part, You choose not to continue with Your Services or cancel Services, no portion of any payments shall be owed to You without submission of proof as stated above.
- You understand that You have 30 days from the purchase date to implement the Sleep Services provided to You, after which time You will forfeit Your follow-up support and are not eligible for a refund. Furthermore, if You decide to implement the program after 30 days, You will be responsible for purchasing any add-on support You may require.
- You understand that consuming the digital products, but choosing not to implement suggestions, does not make a family eligible for an upgrade.
Refund Policy for Premium Coaching Packages or 1:1 services:
- Refund Policy for Premium Coaching Packages or 1:1 services:
- Cancellation after payment has been submitted, within 24 hours of purchase, will be refunded less credit card processing fees and will be subject to a $50 service fee for premium packages and $25 service fee for 1:1 add on consultations.
- Before implementing the plan, but after the plan has been written and any course or Services have been rendered, the cancellation will be subject to payment of any Services completed at the Company’s discretion (50% of services minimum) and a $50 service fee.
- After Consultation, once the plan has been implemented, if You choose not to continue with or cancel Services the cancellation will be subject to a payment of any Services completed at the Company’s discretion (75% of services minimum) and a $50 service fee
- You understand that You have 30 days from the consultation date to implement the Sleep Plan provided to You, after which time You will forfeit Your follow-up support and are not eligible for a refund. Furthermore, if You decide to implement the program after 30 days, an additional fee will be charged to account for reevaluation and time to make any need changes to the Sleep Plan.
Refusal of Services
You understand that the recommendations from the Company are developed based on the information You provide to the Company, and each recommendation is laid in place specifically for Your family's success to make it to Your agreed on sleep goals within the program time of 2 weeks. Any modifications that You make to the sleep plan or sleep recommendations may result in Your family not achieving desired sleep goals. If You continue to veer from the plan or refuse to follow the recommendations in place, the sleep coaches have the right to end Services without refund of Services. The Company also reserves the right to refuse service for any inappropriate behavior or disorderly conduct towards any employee or team member of the Company.
Terms of Service of Premium Coaching and 30-minute add-on support
If You purchase any premium coaching or add-on services support, an invoice will be emailed to You, reflecting the fees for the Services purchased. The sleep plan development and sleep consultation will begin after payment of the fees.
The fees are due in full based on your payment plan, along with any agreement sent to You by Company, at least 48 hours before a scheduled appointment. Failure to pay these fees or sign any required agreement within this time frame will result in the consultation appointment being canceled and rescheduled after payment.
Certain refund requests for Services may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. Please email [email protected] for further information or refund requests.
We require You, the customer, to make every attempt to contact us and request a refund prior to attempting a chargeback. In the event there is a chargeback, You will forfeit any and all services and materials provided to you at the time of purchase, including any bonuses. We reserve the right to gather and collect proof of access to our Services and content, and provide them, along with a copy these Terms, to the financial institution involved in investigating the chargeback.
The Services or some parts of the Services are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan You select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company at [email protected] You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
The Company requires notice at least 10 days before the next scheduled billing date for subscription cancellations.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that You must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to complete payment may result in losing access to Services, and payment may still be due even if Services access is prohibited.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Services after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
Any Promotions made available through the Services may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website.
You are responsible for safeguarding the password that You use to access the Website or Our Services and for any activities or actions taken under Your password, whether Your password is with Our Website or a Third-Party platform.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or any word or name that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Website and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Website and all content on the Website is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, services or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if You breach these Terms and Conditions.
Upon termination, Your right to use the Website and to access any and all products or Services will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Website and/or any Services.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven't purchased anything through the Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING AND DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY OF ITS SERVICES, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE WEBSITE OR ANY OF ITS SERVICES, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
THE WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS OR SERVICES INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
These Terms and Your use of the Website shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles thereof. Your use of the Website may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the County of Orange, although the Company retains the right to bring any suit, action, or proceeding against You for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
At the Company’s sole discretion, it may require You to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of the American Arbitration Association applying California law.
Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, please stop using the Website and Our Services.
If You have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
Rested Mama, Happy Baby Sleep Solutions will not respond to any form of communication outside of business hours. We will attempt to respond to all inquiries within 48 business hours. Business hours include:
- Monday - Friday (8 am - 6 pm CT)
- Saturday (8 am - 10 am CT)
- There are NO office hours on Sunday
Premium clients receive exclusive office hours for the first hour of bedtime on night 1 of services.