Last updated on July 28, 2023
This website, sleepdeprivednurse.com (“Site”), is owned and operated by Sleep Deprived Nurse LLC, a business operating under the laws of the United States. In these Terms, “Company”, “I”, “me” and “my” refer to Sleep Deprived Nurse LLC and the terms “you” or “your” refer to any individual user of my Site.
NOTICE: These Terms contains important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.
You may not order or obtain products or services from this Site if you (i) do not agree to these Terms, (ii) are not the age of majority in your province, state or territory of residence; or (iii) are prohibited from accessing or using this Site or any of my Site’s contents, products or services by applicable law.
By using my Site or by clicking to accept these Terms of Use (“Terms”), you accept and agree to be bound by and comply with these Terms as well as my Privacy Policy and further agree you are the legal age of majority in your jurisdiction to enter into a contract with me. If you do not meet these requirements, you must stop using my Site.
These Terms apply to your use of my Site and/or the purchase and sale of products and services through my Site. These terms are subject to change by me at any time, and without notice to you. Any changes to these Terms will be in effect as of the “Last Updated Date” above, and your continued use of my Site will constitute your acceptance of and agreement to such changes.
You can review my Privacy Policy here and I recommend you do so before using and/or placing an order through my Site.
SECURITY
General
You understand that unfortunately, the transmission of information via the internet is not completely secure. Although I make commercially reasonable efforts to protect your information, I cannot guarantee the security of your personal information transmitted to my Site. Any transmission of personal information is at your own risk. I am not responsible for circumvention of any privacy settings or security measures contained on my Site.
Security
If at any time you are required to create a username and password to access my Site, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms.
Use of Third-Party Applications
In order to run my Site and provide my products and services, I use a number of third-party applications, such as for processing payment, delivering electronic newsletters, etc. For more information as to how your personal information is collected, stored and processed, please refer to my Privacy Policy. You understand it is your responsibility to review the terms of use for any third-party applications I use on my Site. If you do not agree with the terms of use for any third-party application used by my Site, please discontinue use of my Site and services immediately.
Confidentiality
You acknowledge that I have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.
Your Communication with Me
By submitting a comment, photo, video or other materials to my Site or any other platform owned or maintained by me, you grant me a non-revocable, commercial license to re-publish your submission, in whole or in part, unless you expressly state that I may not do so. You acknowledge that I have no duty of privacy or confidentiality to you by accessing my Site.
Any communications made through my contact form, blog comments, client portal, social media pages or other related pages, or directly to my phone(s), mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. I own any and all communications displayed on my website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments, forms submissions, or emails. For more information on when and how I store and use your communications or any information provided by you in those communications, please refer to my Privacy Policy.
I maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of my business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. I reserve the right, in my sole discretion, to block your access to my Site as a result of any such behavior that I deem inappropriate.
Prohibited Behavior
By using my Site, you agree not to misuse or tamper with my Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of my Site. I will immediately report any such breach or what I deem in my discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold me harmless from any and all third-party claims, liability, damages and/or costs arising from my use and misuse of my Site and/or my breach of these Terms.
ONLINE SALE OF GOODS AND SERVICES
Acceptance and Cancellation
You agree that your order is an offer to buy all products and services listed in your order, and is subject to these Terms. All orders must be accepted by me or I will not be obligated to sell the products or services to you. I may choose not to accept orders at my sole discretion, even after I send you a confirmation email with your order number and details of the items you’ve ordered.
Prices
Prices are as listed on my Site and in US dollars. I reserve the right to change my prices at any time and without notice. The price charged for a product or service will be the price advertised on my Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. If the price of any product or service is increased, that price increase will only apply to orders placed after the time that increase is listed on my Site. All prices are exclusive of taxes and/or charges for shipping and/or handling, with such taxes and charges to be added to your total price and clearly itemized in your cart on the order page and clearly set out in your order confirmation email.
Payment Method
Payment is required to be received by me before my acceptance of your order. I accept payments through Stripe, PayPal, and Dubsado for all purchases. You represent and warrant that (i) the credit card information you supply to me is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on my Site at the time of your order.
Errors
While I strive to display accurate price information, there is the potential I occasionally make errors, inaccuracies or omissions related to pricing and availability on my Site. I reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
RETURNS AND REFUNDS
Return Policy
Due to the nature of digital products and services, I do not provide refunds. You understand and agree that all purchases from my Site are final sale.
ASSUMPTION OF RISK, WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
Assumption of Risk
Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any services, or items found or attained through this Site is at your own risk. While I host my site on a reputable platform and take commercially reasonable efforts to maintain and host the Site, I make no representations, warranties or guarantees as to your individual safety when using my Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by my and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials provided or made available to you.
Disclaimer
ALL PRODUCTS, PROGRAMS, AND SERVICES OFFERED ON THIS SITE ARE PROVIDED ‘AS IS’ WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OR CONDITION; (A) OF MERCHANTABILITY; (B) OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER CONDITIONS AND WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE, AGREE AND CONFIRM THAT I SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
No Guarantees; Testimonial Disclaimer
While I may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that I make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on my Site or as part of the Services. The testimonials, statements and/or opinions presented on our Site are the results of the individuals who provided them. Results and/or experiences of each individual may vary. The testimonials used on my Site may not represent and does not guarantee the same or similar result or experience of others who use my Site and/or Services. All testimonials provided on my Site were voluntarily provided without payment or in exchange for any compensation, including free Services, unless expressly indicated otherwise.
Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS (“COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
MY SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH MY SITE.
Release, Indemnity and Waiver
To the maximum extent permitted by applicable law, you agree to defend, indemnify release and hold harmless the Released Parties from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of my Site, including but not limited to any user submissions, third-party sites, any use of my Site’s content or materials, services and products other than as expressly set out in these Terms.
Not for Resale
You represent and warrant to me that you are buying products or services from my Site for your own use only and not for resale or export.
Third Party Disclaimer
You acknowledge and agree that I am not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.
Technology Disclaimer
I make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access my Site. In the event of a technological failure, you accept and acknowledge that I am not in any way responsible or liable for said failure and any resulting damages to you or your business. While I will make reasonable efforts to support you, some technological issues are outside my control and you may need to access support from a third-party provider. I do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site are free of viruses or other harmful components. I do not warrant or make any representations regarding the use or the results of the use of my Site or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
Use of Artificial Intelligence Disclaimer
I may use artificial intelligence (“AI”) to create content and resources for my Site. My Site and related materials may contain the use of AI technologies including, but not limited to, AI-generated text, graphics, images, and/or audio. I confirm AI technology was used as a tool by me to supplement, enhance, and make suggestions to my content, and not as a replacement for my own thoughts, ideas and final materials. I further confirm that the content and resources, opinions and final products, whether offered for free or for sale, are wholly human and original to me. I retain and maintain sole copyright ownership over such content. I further confirm I was given a non-exclusive license to use such AI-generated content from third-party AI platform(s). You understand and acknowledge that I make no guarantee as to the accuracy of third-party AI-generated content contained herein and you expressly acknowledge and understand that any information or knowledge you gain as a result of using any AI-generated content on this website is used at solely at your own risk.
Affiliates
I may use affiliate links to sell certain products or services on my Site. In doing so, I disclaim any and all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. I will use reasonable efforts to notify you when and where I have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on my Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services or products.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Ownership of Intellectual Property
You understand and agree that my Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by me, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
I take copyright infringement seriously. My company name, trademark(s) (whether registered or not), my logo and all related names, product and service names, designs, images, and slogans are my trademarks. You must not use such marks without my prior written permission. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on my Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject you to legal action.
You may only use my Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on my Site, in any form or medium whatsoever except:
Last Updated on July 28, 2023
Sleep Deprived Nurse LLC (“Company”, “I”, “me” or “my”) respects your privacy and is committed to protecting it.
This Privacy Policy governs your access and use of my website, sleepdeprivednurse.com, including any content, functionality or services offered through my website or related landing pages (collectively, “Site”) whether as a guest or a registered user. In this Privacy Policy “you” or “your” refers to any individual who accesses my Site.
PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING MY WEBSITE
This Privacy Policy is legally binding. By using my Site or by clicking to accept or agree to the Terms of Use and Privacy Policy when this option is made available to you, you expressly accept and agree to be bound and abide by this Privacy Policy. If you do not agree to the Privacy Policy, you must not access or use my Site or Services.
This Privacy Policy sets out how I collect information from you when you visit my Site, either automatically, or through certain voluntary actions you may take while visiting my Site, including but not limited to, accessing, purchasing or downloading any products, content or resources available on my Site or engaging or interacting with me either through this Site (collectively, “Services”).
This Privacy Policy applies to information I collect: