Terms and Conditions

Last updated: February 24, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

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.

Definitions

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.

Orders 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.

Acknowledgment

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 Service.

 

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.

This agreement (this “Agreement”) sets 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 “Site”) and of the purchase or access of the Company’s services (“Services”).

 

BY BROWSING, ENTERING, ACCESSING, SUBMITTING ANY INFORMATION TO, PURCHASING SERVICES, OR OTHERWISE USING THE SITE, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.  

 

By accessing or using the Service You agree to be bound by these Terms and Conditions.

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 Site 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 Site or Services following posting of any changes to the terms of the Agreement constitutes your acceptance of the 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.

 

The Company’s privacy policy (“Privacy Policy”) describes how the Company may use your personal information. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

  Your acceptance of this Agreement constitutes your acceptance of the Privacy Policy, which is incorporated herein by this reference.  You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. If You disagree with any part of these Terms and Conditions then You may not access the Service.

 

Information you may be requested on the site 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.

Health Use

The Site 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 Site, 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 SITE OR SERVICES FOR ASSISTANCE IN SUCH CASES.

 

 

 

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.

Your Information

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, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your 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.

Order Cancellation

Our content, classes, and digital products are intended for use of only one household within the time provided.  Sharing Rested Mama, Happy Baby classes, guides whether offline or online sharing of passwords and login information, distribution of various resources developed by Rested Mama, Happy Baby 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

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 Service. The Services available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Services on the Service 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.

Prices Policy

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.

Payments

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.

Service Refunds

Except when required by law, paid all services rendered or completed 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 course services only (without any personal support):

  • 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 credit card processing fees and will be subject to a $25 service fee.
  • After any consumption of the course or its digital products are consumed, downloaded, or watched, in whole or in partial, and customer choose not to continue with sleep services or cancel services, no portion of any payments shall be owed to the customer.

 

Refund Policy for basic or mini-support plan programs:

  • Refund Policy for BASIC 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 credit card processing fees and will be subject to a $50 service fee.
    • If no sleep support or services have been rendered, but the online course and information have been consumed in any way, will be refunded less credit card processing fees and will be subject to a $179 online course and service fee.
    • 30-Day Guarantee: I understand that Rested Mama, Happy Baby provides a 30-day money back guarantee (minus $25 processing fee) from the time of purchase if I 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 of submission of sleep log for audit
      • Attended a minimum of 3 coaching calls for troubleshooting or support
      • Utilized 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
    • After any sleep support or services have been rendered in form of email, phone consultation, or consumption of online courses or digital products, in whole or in partial, and I choose not to continue with my sleep services or cancel services, no portion of any payments shall be owed to me without proof of work.
    • I understand that I have 30 days from the consultation date to implement the Sleep Services provided to me, after which time I will forfeit my follow-up support and am not eligible for a refund. Furthermore, if I decide to implement the program after 30 days, I will be responsible for purchasing any add-on support I require.

    NOTE: No refunds for the basic or non-1:1 plans will be processed after 7 days of purchase regardless of whether services have been used or rendered which includes online course content.

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 30-minute add one 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 Sleep Consultants discretion (50% of services minimum), credit card processing fees, and a $25 service fee.
    • After Consultation, once the plan has been implemented, if I choose not to continue with my sleep plan or cancel services, no portion of any payments shall be owed to me.
    • I understand that I have 30 days from the consultation date to implement the Sleep Plan provided to me, after which time I will forfeit my follow-up support and am not eligible for a refund. Furthermore, if I decide to implement the program after 30 days, an additional fee will be charged to account for reevaluation and time to make any changes needed to plan.

      Sleep Plan Commitment Agreement

      I understand that I have 30 days from the consultation date to implement the Sleep Plan provided to me, after which time I will forfeit my follow-up support and am not eligible for a refund. Furthermore, if I decide to implement the program after 30 days, an additional fee will be charged to account for reevaluation and time to make any changes needed to plan.

      Refusal of Services

      I understand that the recommendations from Rested Mama, Happy Baby are developed based on the information I provide to the sleep coach, and each recommendation is laid in place specifically for my family's success to make it to our agreed on sleep goals within the program time of 2 weeks.  Any modifications that I make to the sleep plan or sleep recommendations, outside of our sleep coach may result in my family not achieving desired sleep goals.  If I continue to veer from from the plan or refuse to follow the recommendations in place, the sleep coaches at Rested Mama, Happy Baby have the right to end services without refund of services.  Rested Mama, Happy Baby Solutions also reserves the right to refuse service for any inappropriate behavior or disorderly conduct towards any employee or partner.

    Terms of Service of Premium Coaching and 30-minute add-on support

    Once I have decided to partner with Rested Mama, Happy Baby Sleep Solutions, an invoice will be emailed to me, reflecting the fees for the services agreed upon. The sleep plan development and sleep consultation begin after payment of the consultation fees.

     

    The consultation fees are due in full 48 hours before a scheduled appointment. Failure to pay these fees within this time frame will result in the consultation appointment being canceled and rescheduled after payment.

     

    I agree to the terms of this contract by signing electronically. Completion of this document is due 48 hours before a scheduled appointment. Failure to sign the contract will result in the appointment being canceled and rescheduled after completing the contract.

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.

Chargebacks

We require you, the customer, to make every attempt to contact us and request for a refund prior to attempting the chargeback.  In the event there is a chargeback, you will forefeit any and all services and materials affordeded to you in exchange for purchase.  We reserve the right to gather and collect proof of access of our services and content, along with these Terms to the financial institution involved in investigating the chargeback.

Subscriptions

Subscription period

The Service or some parts of the Service 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 exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

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.

Rested Mama, Happy Baby requires 10 days before the billing date for subscription cancellations.

Billing

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.

Fee Changes

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 Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

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.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

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 Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

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 that is not lawfully available for use, 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.

Intellectual Property

The Service 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 Service 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 Service may contain links to third-party web sites 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 web sites 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 web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

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 Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

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 Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier 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 Service 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 Service, 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 Service 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.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, 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.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

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

Severability

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.

Waiver

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.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. 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 Service 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 the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

 

Business Hours
Rested Mama, Happy Baby Sleep Solutions will not respond to any form of communication outside of business hours.  Business and will respond within 48 hours. Rested Mama, Happy Baby Sleep Solutions will get back to me once business hours resume.  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.