Terms and Conditions for Tara Youngblood’s Products and Services

Last Updated: January 31, 2023

1. Relationship between you and Tara Youngblood

1.1 By using our Services, including the Website, the Applications, the Products, the Services, the API or any other services provided by Tara Youngblood (hereinafter the “Products and Services”) you expressly confirm your agreement to the following Terms and Conditions for Tara Youngblood Products and Services (“My Terms and Conditions”).

1.2 All Terms and Conditions are binding and form a contract between you and Sleepme. Any breach, or suspected breach, by you of the Terms and Conditions, will entitle our team to terminate your access to, and use of, the Products and Services. This shall include all affiliates as described in each of the following documents (hereinafter “We”). Any reference to a particular affiliate of ours shall be enforceable for the specific condition into which such affiliate is your contractual partner. These Terms and Conditions supersede any other document of the Sleepme Terms and Conditions concerning its purpose.

1.3 The Terms and Conditions are composed of:
(a) the Privacy Policy; and
(b) the Website terms and Conditions.
In addition to the documents and policies referenced above, our products, or recommended products as detailed in the user guides associated with our various products (each, a “Product” and together, the “Products”) must be used in accordance with the user guides attached to, or provided with, our Products.

1.4 As a user of the Products and Services, you acknowledge and guarantee:
(a) That you have obtained and read a copy of the Terms and Conditions;
(b) That you are in possession of the STerms and Conditions on a durable media (for example by printing them out). “Durable Media” means any instrument which enables you to store information addressed personally to you in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; and
(c) To be of age required or otherwise authorized under the law of your country of residence to commit yourself to be bound by, and subject to, the Sleepme Terms and Conditions.

1.5 Any objection to these Terms and Conditions will be interpreted as a refusal to agree to these Sleepme Terms and Conditions. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS YOU ARE NOT PERMITTED TO USE ANY PRODUCTS OR SERVICES. ANY VIOLATION OR ATTEMPTED VIOLATION OF THESE TERMS AND CONDITIONS MAY RESULT IN THE IMMEDIATE TERMINATION OF YOUR ABILITY TO ACCESS THE WEBSITE, APPLICATIONS, AND THE SERVICES.

2. Modification of the Terms and Conditions

2.1 It is understood and agreed between the parties that this entity keeps the right, in any case, to modify all or part of the Terms and Conditions to reflect changes to the law or any applicable regulation, changes to our Products and Services, or any event which is deemed sufficient to command such revisions. Any new version of the Terms and Conditions will not apply retroactively but replaces and supersedes all previous versions of the Terms and Conditions. We advise you to frequently consult the Terms and Conditions and to save each version on Durable Media.

3. General provisions

3.1 Force Majeure Any event that is deemed at once unforeseeable, insurmountable, and external and thereby prevents us from fulfilling our obligations under these Terms and Conditions is considered an event of Force Majeure (“Force Majeure Event”). The following events are especially considered as non-exclusive examples of Force Majeure Events: strikes, floods, fire, lock-outs, disruption, and distractions in transport services, supply difficulties in raw material or energy, and any communication interference resulting in any difficulty to fulfil any order or perform any act required by the Terms and Conditions. For so long as a Force Majeure Event is in existence, as determined in the sole discretion of Tara Youngblood and partners shall not be responsible for any act, or failure to act, in accordance with the Terms and Conditions, to the extent such action or failure to act is reasonably related to such Force Majeure Event. The performance of such act shall be continued as promptly as is commercially reasonable once the cause of the Force Majeure Event ceases.

3.2 Entire Agreement This version of the Terms and Conditions constitutes the entire agreement between you and us and cancels, excludes, and replaces any previous conditions in its subject matter. You acknowledge that other documents of the Terms and Conditions may also apply to you when you are subject to these Terms and Conditions.

3.3 Severability If any provision of the Terms and Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.

3.4 Waiver Any failure to exercise or delay in exercising any right, power, or privilege under the Terms and Conditions shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

3.5 Evidence – Electronic communication Any notification and communication between and you can be realized by any electronic means of communication, including email. You hereby grant us your express consent for sending you by electronic means of communication any notification through your account.

3.6 Governing law These Terms and Conditions and all any action related thereto shall be governed, controlled, interpreted by, and construed in accordance with the laws of the State of North Carolina (USA) without regard to principles of conflict of laws.

3.7 Dispute Resolution Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined by arbitration rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Sleepme Terms and Conditions. The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted-- in the City of Raleigh, County of Wake, State of North Carolina, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

3.8 Indemnification Upon our request, you agree to indemnify, defend, and hold us and our suppliers harmless from and against any and all losses, liabilities, damages, and costs, including, but not limited to, legal fees, expert witness fees, and court costs, arising from any claim, action, or demand related to or alleged to relate to: (a) your or any other person’s use or misuse of the Services, the Products, the Website, the API, or the Applications related to the Services or Products purchased by you; (b) violation of these Sleepme Terms and Conditions by you or another user of your Account, or the Products or Services purchased by you; (c) violation of the rights of any third party by you or any person using the Services, the Products, the Website, the API or the Applications related to the Services or Products purchased by you; (d) violation of any applicable law, rule, or regulation in connection with your or any other person’s use of the Services, the Products, the Website, the API, or the Applications related to the Services or Products purchased by you; (e) any other person’s use of the Services, the Products, the Website, the API or the Applications related to the Services or Products purchased by you, including, without limitation, disclosure of any information or the Data concerning any other user thereof; or (f) your failure to timely inform us that you are transferring possession or otherwise disposing of the Services or Products purchased by you. We reserve the right to assume control of the defense of any claim that is subject to indemnification hereunder, in which event you shall cooperate with us in connection with our defense to or of such claim. We reserve the sole right to settle or otherwise compromise any claim, action, or demand subject to indemnification under these Terms and Conditions, with or without your consent.

3.9 Assignment You are not permitted to assign these Terms and Conditions without our prior written consent. Any such assignment without such prior consent shall be deemed a breach of these Terms and Conditions. We may assign these Terms and Conditions to any other business or company that we own or control, or to a third party, so long as such other party undertakes all of our obligations, rights, and duties hereunder.

3.10 Tara Youngblood Website Terms and Conditions Your access to and use of the following website located at Tara Youngblood.com (the “Website”) is subject exclusively to these Website Terms and Conditions and the Terms and Conditions for Sleepme Inc. Products and Services. You will not use the Website for any purpose that is unlawful or prohibited by these Website Terms and Conditions. By using the Website you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Website Terms and Conditions you must immediately stop using the Website.

3.11 Advice The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision. The content found on the Website, in our and our authorized dealers’ advertisements, or provided through the Applications, the Services, or the Products (together, the “Data”), is for informational purposes only, and under no circumstance should you construe such information as medical advice, diagnosis, or treatment. We do not intend for the foregoing content to replace medical care, medical diagnosis, or the relationship between you and your physician or other medical providers. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind. The Data should not be used in any way to diagnose or treat any medical condition. You should always consult with a physician or healthcare professional regarding any concerns you have relating to your health, especially before you start or stop any particular health-related regimen. Never delay seeking or disregard professional medical advice because of something you have read or interpreted while using the Services, the Products, the Website, or the Applications, or based on any Data generated by the Applications or published on the Website.

3.12 Change of Use Tara Youngblood and associates reserve the right to:
(a) Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Sleepme shall not be liable to you for any such change or removal; and
(b) Change these Website Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of the such change.

3.13 Links to Third-Party Websites The Website may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that is not responsible for the content, information collection practices, or availability of any such sites.

3.14 Copyright (a) All copyright, trademarks, and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics, and all software and source codes connected with the Website) are owned by or licensed to Tara Youngblood or otherwise used by as permitted by law.
(b) In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying, or printing of pages of the Website for personal, non-commercial home use only.

Applications Terms of Use for Products and Services

1. Relationship between you and the coach, products or other affiliated service providers
1.1 By downloading, installing, connecting, or using the Applications, you expressly confirm your agreement to the following Applications Terms of Use for Sleepme Products and Services (“Applications Terms”).

1.2 The Applications are distributed by Sleepme. The following Applications Terms are a sub-set of the Terms and Conditions for Products and Services (“ Terms and Conditions”). The Applications Terms supersede any other document of the Terms and Conditions concerning its purpose.

1.6 Content found on the Website, in our and our authorized dealers’ advertisements, or provided through the Applications, the Services or the Products (together, the “Data”), is for informational purposes only, and under no circumstance should you construe such information as medical advice, diagnosis, or treatment. We do not intend for the foregoing content to replace medical care, medical diagnosis, or the relationship between you and your physician or other medical providers. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind. The Data should not be used in any way to diagnose or treat any medical condition. You should always consult with a physician or healthcare professional regarding any concerns you have relating to your health, especially before you start or stop any particular health-related regimen. Never delay seeking or disregard professional medical advice because of something you have read or interpreted while using the Services, the Products, the Website, or the Applications, or based on any Data generated by the Applications or published on the Website.

2. Definitions
2.1 “Products” refers to all products offered and sold by Tara Youngblood and all affiliates.

2.3 “Services” refers to all services offered and provided by Tara Youngblood and all affiliates.. “Products and/or Services” refers to all products and services offered and provided by Tara Youngblood and all affiliates..

2.4 “Website” refers to the website available at the following address: TaraYoungblood.

3. Warranties
3.1 With respect to the Products, please see any product pages/websites for the applicable warranty.

4. Payment Information;
4.1 Payment Information. You may submit your debit card, credit card, or other payment information (“Payment Information”) when purchasing Products or Services. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us (and any third-party service providers we may use to process your Payment Information) permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees. All transactions are final, and we do not refund or credit for partially used billing periods.

4.2 Membership Subscriptions. Certain Services may require the purchase of a subscription (“Membership Subscription”) and the payment of subscription fees (“Membership Subscription Fees”). You agree to pay any applicable Membership Subscription Fees for the period of time (e.g., six months, twelve months, eighteen months) to which you agree during the process of purchasing your Subscription (the “Membership Subscription Term”). Any payment terms presented to you in the process of obtaining your Membership Subscription are deemed part of these Terms and are incorporated herein by reference.
(a) Membership Subscription Renewal. Your Membership Subscription will be automatically renewed for an additional Membership Subscription Term equal in length to your Membership Subscription Term in effect immediately prior to the renewal at the then-current non-promotional rate. If you do not want to continue to be charged for the renewal of your Membership Subscription, you must notify us prior to the expiration of the current Membership Subscription Term that you do not want to renew your Membership Subscription. While you can elect not to renew your Membership Subscription, you cannot terminate an existing Membership Subscription prior to the expiration of the Membership Subscription Term. In other words, once your Membership Subscription Term starts, you must pay all Membership Subscription Fees due for the entire Membership Subscription Term. Except as expressly set forth in these Terms, all Membership Subscription Fees are non-refundable, even if you stop using the applicable Service.

5. Limitation of Liability
5.1 Tara Youngblood and all affiliates. DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ELEMENTS. YOUR SOLE REMEDY AGAINST SLEEPME FOR ANY DISSATISFACTION WITH ALL OR PART OF THE ELEMENTS OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THE AGREEMENT.

5.2 IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF THE DATA, THE SERVICES, THE APPLICATIONS OR THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE APPLICATIONS, THE WEBSITE, THE DATA, AND THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM, IS LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER.

6. Feedback and Submissions Policy
6.1 If you submit comments, ideas, or feedback, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by us, or obtained from sources other than you. We are always pleased to hear from the members of our community. You are solely responsible for any comments, ideas, drawings, concepts, feedback, or other information you provide to us, including information intended to improve or otherwise result in a modification to the Applications, Products, Services, Website or API (“Submitted Content”). You represent and warrant that you have all rights necessary to Submitted Content for your use and our use in accordance with these Terms and Conditions. You hereby license to use all patent, trademark, trade secret, copyright, and other proprietary rights in and to Submitted Content for publication on and use with or in connection to Sleepme or our business. If you send us Submitted Content, that Submitted Content will automatically, and without any compensation to you, become the property of Sleepme, including the rights to modify, publish, create derivative works from, redistribute, copy, and use as we determine in our sole discretion (whether for commercial purposes or otherwise), and you hereby assign all such rights in such Submitted Content to usand thereby forfeit any intellectual property or other rights in the Submitted Content. None of the Submitted Content will be subject to any obligations of confidentiality and Sleepme will not be liable for any future use or disclosure of such Submitted Content.

7. Online Courses, texting, and other communication
7.1 Any communication platform we use is for coaching and communication purposes. We may modify or cancel the Mobile Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

15.2 By consenting to our SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Mobile Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

15.3 You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sleepme. Your participation in this program is completely voluntary.

15.4 We do not charge for the Mobile Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

15.5 You may opt-out of the Mobile Service at any time. click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Sleepme mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

15.7 The wireless carriers supported by the Mobile Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

15.8 To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service.