Terms of Service

1. Acceptance of the Terms of Service

Welcome to Insomnia Coach! In this document, “we”, “our”, or “us” refer to Insomnia Coach LLC.

We are registered in the state of Oregon and our registry number is 143179695. Our registered office for legal notices is 5305 River Rd North, Ste B, Keizer, OR 97303, United States of America.

The following terms and conditions (collectively, these “Terms of Service”) apply to your use of insomniacoach.com, including any content, functionality and services offered on or via insomniacoach.com (the “Website”). The Terms of Service also include our Privacy Policy.

Please read the Terms of Service carefully before you start using our Website or engaging our services because by using our Website or engaging our services, you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, you can either leave the Website or contact us with your comments, concerns, or suggestions.

2. Changes to the Terms of Service and the Website

We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way, but since “major” is a very subjective concept, you can always monitor changes to this page. Your continued use of the Website or engagement of our services following the publishing of updated Terms of Service means that you accept and agree to the changes.

3. Accessing the Website, Security and Privacy

We can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also section 7 below).

To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using our Website in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend choosing a strong password and that you log out from your account at the end of every session.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

We use SSL encrypted browsing for all users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

4. Intellectual Property Rights and Use Guidelines.

The Website and its original content, features and functionality (including look!), are owned by Insomnia Coach LLC and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please contact us.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.

You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other producs or services.

The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

5. User Contributions and Content Standards.

Our Website contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

• Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
• Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
• Not be likely to deceive any person.
• Not promote any illegal activity, or advocate, promote or assist any unlawful act.
• Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
• Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Not give the impression that they emanate from us or any other person or entity, if this is not the case.

6. Law and Copyright Infringement

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold us harmless from any claims resulting from any action taken by Insomnia Coach LLC during or as a result of its investigations and from any actions taken as a consequence of investigations by either Insomnia Coach LLC or law enforcement authorities.

If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient for us to contact you, such as email, address, telephone number.
5. A statement that you hold a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   The notice should be addressed to us via the contact form, or via snail mail to Insomnia Coach LLC, 5305 River Rd North, Ste B, Keizer, OR 97303.

7. Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of our Website is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

8. We Do Not Provide Medical Advice

The contents of this Website are for informational purposes only. Information found on this Website and any product or service sold by Insomnia Coach LLC does not constitute medical advice, diagnosis, or treatment, and should never replace any advice given to you by your physician or other qualified healthcare provider.

9. Coaching Agreement

If you choose to enroll in our online insomnia coaching course or wish to engage in phone coaching for insomnia, you agree to the following terms:

a. You understand that coaching is a broadly inclusive process that may include different areas of your life including and not limited to health, professional or family relationships and work. You acknowledge that it is your decision, choice, and responsibility to determine how to utilize information in these areas in coaching sessions.

b. You understand and agree that you are responsible for your physical, mental and emotional well-being during your coaching sessions. These sessions may take place through email or by phone. Any choices you make or injuries that you incur from recommendations made during your coaching sessions are fully your responsibility.

c. TAKING BREAKS and TERMINATION: You agree and understand we or you can terminate or discontinue coaching at any time.  If you need to cancel or change the time of a phone coaching session you understand you need 24 hours notice in order to not to be charged for the session. With advance notice of more than 24 hours, you will not be charged and you will make every effort to reschedule.

d. CONFIDENTIALITY: You agree that you consent to use emails to sometimes transmit sensitive information. You acknowledge the risks involved and waive any rights against us for errors made in these transmissions.

e. NON-DISCLOSURE and INTELLECTUAL PROPERTY: You understand that the methodology, coaching techniques and strategies used, as well as assignments, documents or emails are proprietary and you understand that and agree that they may not be used for any other purposes other than your coaching sessions without written consent from us. You understand that information is held as confidential to fulfill your coaching obligations and as required by law.

f. DEFINITION of COACHING: You understand that coaching is intended for individuals who want to take action and make behavior changes in the service of their goals for life, health, well-being or work. Coaching does not involve the diagnosis or treatment of physical or mental disorders and you will not use it in place of any other diagnosis, therapy or treatment for other advice given you by medical or other qualified professionals. It is clear that coaching may not be appropriate for all people.

g. LIABILITY: Total liability under this coaching agreement shall be limited to the total amount actually paid by you to us. In no event shall we be liable for any consequential or indirect damages alleged to result from our performance or obligations under this agreement. You understand, acknowledge and agree that limited liability is a fundamental part of this agreement. The fees charged in this coaching agreement reflect the risk agreed upon by both client and Insomnia Coach LLC. No action, regardless of nature arising from coaching services may be brought by the client, more than one (1) year after services rendered.

10. Refund Policy

We want your sleep to improve. We are not in business to charge you money without giving you results!

If you enroll in our online insomnia coaching course and your sleep doesn’t improve, we want to give you your money back. With that being said, to protect us from unsubstantiated refund requests we have the following terms in place that must be satisfied in order to qualify for a refund.

You are entitled to a refund if you:

a) Complete all six sessions of the course within 10 weeks of enrollment AND:

b) Record a daily sleep diary for the entire period of your enrollment AND:

c) Submit your sleep diaries within 48 hours of being prompted to do so AND:

d) Implement the techniques taught in the coaching course AND:

e) Request a refund within five days of graduating from the coaching course AND:

f) The average amount of time taken to fall asleep at night (as recorded in your sleep diaries) did not fall when comparing your Week 7 and Week 8 sleep diaries with your Week 1 sleep diary AND:

g) The average number of nighttime awakenings (as recorded in your sleep diaries) did not fall when comparing your Week 7 and Week 8 sleep diaries with your Week 1 sleep diary AND:

h) The average amount of time spent awake at night (as recorded in your sleep diaries) did not fall when comparing your Week 7 and Week 8 sleep diaries with your Week 1 sleep diary AND:

i) The average amount of sleep obtained at night (as recorded in your sleep diaries) did not increase when comparing your Week 7 and Week 8 sleep diaries with your Week 1 sleep diary AND:

j) Your average sleep efficiency (as recorded in your sleep diaries) did not increase when comparing your Week 7 and Week 8 sleep diaries with your Week 1 sleep diary.

Refunds are limited to the purchase price paid. No additional refund will be made for transaction fees such as currency conversion fees, interest payments, or any other fees that may have been incurred when purchasing from Insomnia Coach LLC.

Refunds will be made by refunding the original transaction(s) to the payment card used when the purchase was made. If this is not possible, an alternative reimbursement method will be chosen by Insomnia Coach LLC.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon.

12. Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Insomnia Coach LLC and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Changelog

February 12 2019, 4:10pm PST

* Section 1 was modified to update our web address from www.insomniacoach.com to insomniacoach.com.

* Section 1 was modified to add that individuals are also bound by our Terms of Service when they engage our services.

* Section 2 was modified to add that individuals accept and agree to any changes to our Terms of Service if they continue to engage our services.

* Section 7 appeared twice in error. This was corrected.

* A coaching agreement was added to the Terms of Service under Section 9.

* Our refund policy under Section 10 was updated to clarify that it applies to our online coaching course and not any other service offered by Insomnia Coach LLC, including but not limited to phone coaching.

August 30 2018, 11:46am PST

* Section 8 was updated to make our refund policy easier to understand.

* A change was made to Section 8 to allow clients to qualify for a refund if they complete all six sessions of the course within 10 weeks of enrollment rather than nine weeks. This change was made to account for the allowance of a 48-hour delay between a client submitting their sleep diaries and being prompted to do so.

* A changelog was added to record changes made to our terms of service.

* A change was made to Section 8 to clarify that sleep diaries should be submitted within 48 hours of being prompted to do so, instead of within 48 hours of their completion. This change was made because from Session 3 onwards, sessions are bi-weekly and therefore require the completion of 2 weeks of sleep diary data before submission.

* A change was made to Section 8 to reflect the fact that we do not use the Insomnia Severity Index to measure insomnia severity.

* A change was made to Section 8 to remove a duplication present under the way sleep improvements are measured.