This agreement (this “Agreement”) sets forth the terms and conditions between Sari Broda LLC, a Delaware 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 and programs (“Services”).
BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, PURCHASING SERVICES, OR HIRING FOR CONSULTATION SERVICES, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
1. ______ CONSULTATION SERVICES You hereby employ The Company to perform the services described in the booking page in accordance with the terms and conditions set forth in this agreement. The documents and information provided with these services are limited to you. The Company encourages you to print a copy of this Agreement for your records. The Company will provide the services detailed in the booking page of the site.
2. ______ CONSULTING YOUR HEALTH CARE PROVIDER You agree to consult with your pediatrician or family physician (“health care provider”) about your intention to sleep train and implement the sleep program with your child prior to sleep implementing any of the suggestions on the Site or the consultation. It is your responsibility to rule out any underlying medical conditions with your child’s health care provider that may be causing sleep problems (including, but not limited to sleep apnea, ear infection, allergies, asthma), as well as ensure that the health care provider has advised that your child is healthy, gaining weight appropriately, is thriving, and that it is appropriate to implement the sleep plan that may include ceasing night feedings. You agree to notify The Company of any medical changes during the sleep training process as sleep training should not be implemented unless the child has a healthy diagnosis from a health care provider.
3. ______ LIABILITY AND DISCLAIMER The information provided by the Company is neither intended nor is implied to be a substitute for professional medical advice. This consultation is intended as an educational service. You are advised to always seek the advice of a physician or other qualified healthcare provider with any questions you may have regarding a medical condition or the health and welfare of your baby, toddler, or child. The Company will use reasonable efforts to include up-to-date and accurate information in consults, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. The Company shall not be liable for any damages or injury resulting from your access to, or inability to access the information discussed, or from your reliance on any information provided by The Company. This consultation may provide references to other materials and resources, but The Company will have no responsibility for the content of such other references and shall not be liable for any damages or injury arising from that content. Any references provided by The Company are provided as merely a convenience to you.
4. ______ PAYMENT All prices displayed on the Site are quoted in U.S. Dollars. If you order any Services through the Site, you are agreeing to pay the amounts confirmed in your order and that the Company may charge you for such amounts. You can make payment by credit card or other methods offered by the Site. Prices for Services are subject to change at any time. If you have purchased a consultation from the Company, the Company will make two attempts to contact you (via a zoom link). If you do not show after the second attempt, your consultation will be cancelled (a “No Show”) and you will not be eligible for a refund. Gift cards are not eligible for refund. If you have violated any of the terms of this Agreement, you forfeit your right to any refund. These are your sole remedies if you are dissatisfied with the Services or for a No Show. All payments are non-refundable. Payment. Amounts due from you may be paid by authorized credit card (your “Card”). The Company uses a third party credit card processor or third party payment method to process the fees owed by you. You agree that the credit card processor or this party payment method, and not the Company, will be responsible for any errors. When you provide your Card information, you represent and warrant that you are permitted to use the Card and that all Card information and billing information is current, correct, and complete. If you have any question about a charge on your Card, provide written notice to the Company. You agree that you will not exercise and unconditionally waive any chargeback rights you may have by use of your Card.
5. ______ CONFIDENTIAL INFORMATION The Company agrees that any information received
by The Company during any furtherance of The Company’s obligations in accordance with this agreement which concerns the personal, financial, or other affairs of You will be treated by The Company in full confidence and will not be revealed to any other persons or organizations without the written consent from You. You agrees to keep the sleep plan provided by The Company for Your personal use and will not share the content of the sleep plan with outside parties without written consent from The Company, with the exception of Your health care provider.
6. ______ PARENT COMMITMENT You understand that your commitment to this process is absolutely necessary in order to see the results you are hoping for in regards to your child’s sleep. You agree to follow current recommendations from the American Academy of Pediatrics on safe sleep practices and follow your pediatricians advice. You understand that The Company does not guarantee success as several factors contribute to whether or not sleep training will work for your child. You promise to bring up any concerns, doubts, or confusion in regard to the Sleep Plan developed with The Company and as soon as possible so you and The Company may address them constructively in order to work together to achieve your desired goals. You understand that The Company is generally available to answer questions on weekdays during business hours (9am-6pm). Correspondence outside of these times is at the discretion of The Company.
The website is not directed to and is not intended for access and use by persons under the age of 18. We do not intentionally collect or use personal information from users that we have reason to believe are under the age of 18.
What Personal Information is Collected on the Website?
We do not sell, trade, or otherwise transfer your personally identifiable information to third parties. We do not use our website to collect any personally identifiable information about you other than what you provide voluntarily to use of the website, purchasing our services, subscribe to a newsletter, fill out a form, respond to a survey, or for other purposes made apparent at the time you provide your personally identifiable information. To use our website and purchase our services, you will need to provide us with your personal information. We ask for personal information so that we can fulfill your request to use our website and/or purchase our services. If you choose not to provide any personal information, you may not be able to use our website or purchase our services, and we may not be able to fulfill a request you may have. If you provide personal information, you agree to provide true, accurate, complete, valid, and not misleading information and to promptly notify us of any changes in the information.
We do not disclose personal information to third parties except: (1) for the purpose of communicating with you and when it is necessary for completing the transactions you have authorized, including but not limited to providing such information to authorized data processors or mailing services, or to follow up with you after such services have been provided; (2) when it is necessary for employees, agents and contractors to operate or maintain the website or to correct a technical problem; (3) when it is necessary to verify the existence or condition of your account with a financial institution, credit bureau or other third-party; (4) with our affiliates; (5) with our business partners for research or marketing; (6) if we sell or merge the company or its assets with another company; or (7) for fraud protection. We may collect and use usage information to develop new products or services or to provide special offerings to you. We are not required to retain any personal information collected for a single, one-time transaction, where such information is not sold or retained by us.
What Anonymous Information is Collected on this Website?
Anonymous information is collected for every visitor to the website. This includes pages viewed, date and time, and browser type. IP numbers are not stored, but are temporarily used to determine domain type and in some cases, geographic region. We do not make any association between this information and a visitor’s identity.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we take reasonable precautions and have security measures in place to protect the loss, misuse and alteration of the information under our control. Additionally, sensitive data is encrypted using industry standard measures to provide an additional level of security. Although we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. We are not responsible for any breach of its security or for the actions of any third parties that may obtain any personal information. You are prohibited from violating or attempting to violate security for or otherwise interfering with the operation of the website. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SECURITY OR INTEGRITY OF THE WEBSITE AND YOUR PERSONAL INFORMATION.
If you have registered to receive email communications from us and later change your mind, you may contact us to have your name removed from our distribution lists at the email address below. In connection with specific programs or offerings, by agreeing to participate you are generally agreeing to receive communications from us regarding other programs and special offerings. If you provide information and there is no mechanism to allow you to affirmatively opt-in, you agree that by providing the requested information and your email address, you have agreed to receive future communications from us. You are responsible for contacting us or clicking a link provided in the email if you wish to opt-out of further communications.
Managing Your Data
Contact us in order to: (1) request that we erase or delete personal data from our records; (2) direct our services providers to delete your personal information from their records, if applicable; (3) change or correct personal data; (4) object to, or limit, or restrict use of personal data; (5) to access and request a copy of your personal data that you have provided us with; or (6) make additional requests regarding what personal information is being collected and the purposes for the collection. We may be contacted via email at privacy (at) takingcarababies.com or phone at (402) 780-1181. Upon a verifiable request, we will comply with your request to do any or all of the foregoing, free of charge, within 45 days or your request.
California Do Not Track Signals
The Company does not respond to Do Not Track (DNT) signals. Some third party websites may track your actions when you are browsing and accessing content. Various browsers offer a DNT option that sends a signal to third parties that you do not want to be tracked.