Terms and Conditions Somnolence + Inc.
Last Updated on September 4th, 2021
Terms and Conditions
Welcome to https://services.somnolenceplus.com/checklist and https://services.somnolenceplus.com/thank-you-page  (hereinafter, together referred to as the “Site”). This Site provides an opportunity for obtaining services and products for sleep awareness education by Somnolence + Inc. The Terms and Conditions (Terms) for this Site, as well as Somnolence + Inc.'s products and services, are important in outlining the agreement between you and Somnolence + Inc., as well as its representatives. Please read these terms carefully and contact Somnolence + Inc. at support@somnolenceplus.com if you have any questions regarding products or services before you purchase or engage in them. Somnolence + Inc.’s products and services are intended to be used by people who are 18 years old and over.

In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Site; and (iii) the consequences of any misuse of the Site by the minor. You acknowledge that some of the areas of the Site may contain material that is inappropriate for minors.


ACCEPTANCE OF TERMS

    Through the access, download, or use of  the products and services offered on this Site,  you agree that these Terms are binding and that you acknowledge that you have read and understood them, whether or not you registered as a member, or purchased event tickets from Somnolence + Inc. By accessing the Site or using any affiliated, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular service.
    Somnolence + Inc. may change these Terms at any time, in whole or in part. If these terms are changed, the new terms and conditions will be made available for access on the Site. Continuing  to use the Site on your part constitutes that you have accepted the changes.  If you do not agree with any changes made to the Terms, contact us at support@somnolenceplus.com to immediately discontinue your use of Somnolence + Inc.’s products and/or services, which will be your only recourse if you do not agree to the changes made.

Please note that the Terms and Conditions may be updated from time to time without notice to you, so please check back periodically. The Terms and Conditions contain legal obligations, please read them carefully.

PRIVACY AND COOKIES

For information on how user information is collected, used and disclosed by the Site, please consult the Site’s Privacy Policy. The Site uses two types of "cookies": a "session cookie" and a second which allows us to "set" a cookie. A session cookie resides in memory and persists only as long as the browser is open. This cookie holds only the information that is uniquely generated when you log on to the Site and persists only as long as your browser is open. This cookie makes your information available as you browse the Site. The Site will also set a cookie to remember your language preference so you don't have to choose a language each time you visit the Site.

DISCLAIMER

    All Somnolence + Inc.’s  products and services are intended solely for education and information purposes. None of the content on this Site nor any of the content provided to you, during the provision of its products and/ or services by it or its representatives, claims or represents to offer medical, health, legal, or other professional advice. Somnolence + Inc.  does not provide medical or health diagnosis and its educational materials and services are not meant to replace medical and health services and treatments. Before acting on any information that we provide, use caution and make sure to seek appropriately qualified professional advice.
    Somnolence + Inc. provides education, material, tools, support, and guidance that aims to help you to set your sleep wellness goals, determine your health and wellness  priorities, and achieve your  results; however, you are solely responsible for any personal decisions, and are solely responsible for any consequences that result from said decisions. Your success in obtaining desired results depends on various factors, which include, but are not limited to your levels of commitment,  participation, motivation, effort, desire, and dedication.

    Any testimonials and examples that are provided in our marketing and educational  materials should not be construed as a guarantee that your results will be similar or the same.

    You recognise, acknowledge, and agree that Somnolence + Inc. and its representatives are not in any way responsible for decisions that you may make nor are they responsible for any damages or losses that may arise out of any decisions made by you, at any time, in relation to any health, wellness, business, or personal matters.

    Somnolence + Inc. does not and cannot provide any guarantee relating to your  ability to obtain improved or good sleep results based on our concepts, ideas, information, innovations, programs, or strategies. You acknowledge that you are solely responsible for the degree to which you obtain good sleep. We do not provide any guarantee that you will obtain improved or good sleep as a consequence of your purchasing our products and/or services.

    Any health and wellness statements and other representations made on the Site, in videos, discussion groups, or when providing our services are conceptual illustrations and examples only and should not be taken as a guarantee of actual or future performance nor are they meant to be used for diagnosis or treatment. You should seek advice and treatment from your medical or mental health provider.

REGISTRATION

    Certain of the Services and related features, including but not limited to access to the Site, personalization, may require registration. Should you choose to register for products and services offered by the Site, you must provide  complete, accurate, and up-to-date information . These must be provided as requested, and the responsibility of informing Somnolence + Inc. of any changes to your registration information lies with you.

    At any time, Somnolence + Inc. may request to verify your identity with a form of valid government issued identification.

    If you  have registered as and are a user or member of this Site, you acknowledge and agree to the following:
- The protection and confidentiality of any password or identification number that is issued to you or that you are using is your sole responsibility;
- You are solely responsible for protecting and keeping confidential any password or member identification that may be issued to or that is provided to you (Password);
- You are not to disclose or give  (or cause to be disclosed or given through any act or omission) your Password to another person or entity;
- You will notify us without delay if you lose your  Password or if your Password becomes known to another person;
- You, alone, are responsible for all use and access of this Site through your Password, regardless of whether the Site is accessed by or used by you or any other person;
- Any information that you have given to us as a post or shared with us in our online community, at any time, becomes the property of Somnolence + Inc.  and the Site;
- Personal information that you provide to Somnolence + Inc. will be strictly treated in accordance with its Privacy Policy available on the Site.
- You must take action to secure and keep confidential your registration details, including any username and/or Password. You must immediately notify us if you become aware of any unauthorised use of your registered details, username, and/or Password.
- You will not let another person use your Password or any registered membership areas, where a service is for one user only.

YOUR OBLIGATIONS

    When you use our products and/or services, you may be provided access to Facebook groups, online or in person forums (Somnolence + Inc. Community), or  events in which you have the opportunity to comment, add photos, send messages or other material (Your Content). When you post Your Content, you agree not to post or publish through this Site or on our Somnolence + Inc. Community any of the following:

- Unlawful, misleading, deceitful, fraudulent, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, harassing, , inflammatory, or otherwise content that is objectionable;
- Content that in any way threatens, degrades, intimidates, harasses, or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Personal or identifying information about another person without the consent of that person;
- Information that promotes or advertises for the groups, events or activities held or organised by competing organisations, clubs, Site and online platforms, except as otherwise expressly permitted by Somnolence + Inc.;
- Information that impersonates a person, organisation, or other entity;
- Material and non-public information that you have not received authorisation to share about companies;
Commercials, advertising, solicitation for business or activities, pyramid schemes, business opportunities,  or other unsolicited business communication,  except as otherwise expressly permitted by us;

Or any other of Your Content that in substance or nature serves similar purposes and delivers proportional outcomes.

    By posting or publishing Your Content on our Site or in the Somnolence + Inc. Community, you:
- Give us the authority and grant it a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
- Warrant that you have the right to grant the above licences;
- Warrant that Your Content does not breach these Terms; and
- Consent to any act or any omission that would constitute an infringement of your moral rights, otherwise, and if you add any content in which a third party has moral rights, you must ensure that the third party consents in the same manner.
Agree to defend, indemnify and hold Somnolence + Inc. its affiliates, sponsors, merchants and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses related to Your Content.

    Somnolence + Inc. reserves the right (but does not have the obligation) to:

- Review, edit, modify, reformat, reject, or remove Your Content that, in its opinion, it believes violates these Terms or has the potential to harm or violate the rights of any person; and
- Monitor the use of the Site, and to store or to disclose any collected information, including to investigate compliance with the Terms or for the purposes of  complying with a police investigation or a governmental request.

CODE OF CONDUCT

    The Site and the Somnolence + Inc. Community is a space for learning and is an  environment that is pitch-free, solicitation-free, and sales-free.
    While you use this Site and/or our Somnolence + Inc. Community, it asks that you not:
- Contact anyone who has not requested to be contacted.
- Collect any other user’s  personal data for any purposes.
- Infringe upon the privacy rights of other users.
- Violate another’s intellectual property.
- Post anything that has software viruses or malware; or
- Use software (manual or automated), tools, devices, script robots, other methods, procedures, or processes to access the Site or related data or information.

    For more information, please refer to the Somnolence + Inc. Community Guidelines in the Terms’ appendix.

CONFIDENTIALITY

    We respect your confidential, proprietary health, and wellness information (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Somnolence + Inc. product and/or services participants (Participants) and the representatives of Somnolence + Inc.

    You agree:

- Confidential information shared by Participants or our representatives is confidential and proprietary and belongs to the Participant who discloses it or to us, solely and exclusively.
- Not to disclose such confidential information to another person or to use it in any way other than in discussions held during training sessions with Participants.
- That any material and information provided to you by Somnolence + Inc. is its confidential, proprietary information and its confidential, intellectual property, which belongs to Somnolence + Inc.  solely and exclusively, and may only be used as authorised by it.
- That if you threaten to violate or violate any of your agreements in this paragraph, Somnolence + Inc. will be entitled to injunctive relief, among other things, to prohibit such violations .

    While you are free to discuss your personal results from our services, you must keep the oral or written experiences and  statements of Participants in the strict confidence.

COPYRIGHT AND TRADEMARK NOTICES

    All the material on this Site, in our Somnolence + Inc. Community or that is delivered to you by , including, among others, course content, text, graphics, design, information coding and architecture (Its Content), is subject to copyright. While you may access, browse, or print Its  Content for personal non-commercial or internal business use, you must obtain its express prior permission in writing if you would  like to use, record, copy, or reproduce said Content. The modification of Its Content for purposes other than that specified in this terms is a violation of copyright and other proprietary rights and is strictly prohibited.
    You acknowledge that no ownership rights are acquired by you when using the Site or Its Content.
    Somnolence + Series and SnoozzZfest are all registered and/or unregistered trademarks owned by Somnolence + Inc.

Somnolence+ is an unregistered trademark belonging to Somnolence + Inc..
    The logos, trademarks, and service marks that displayed on our Site are the registered and/or unregistered trademarks of Sheryl Guloy, PhD, Arturo Santisteban, PhD, and Luc Beaudoin, PhD, or of Somnolence + Inc, or of our approved strategic partners or sponsors. The trademarks, whether registered or unregistered, may not be used in connection with any products or services that do not belong to Somnolence + Inc. or our authorized strategic partners in any manner that can potentially cause confusion with customers, or in any manner or way that disparages Somnolence + Inc., or Somnolence + Inc. representatives, or approved Somnolence + Inc. strategic partners or sponsors .
    Nothing on this Site or in our Somnolence + Inc. Community should be viewed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark without Somnolence + Inc.’s express written permission.
    You agree that damages may not be an adequate remedy to a breach of these Terms, and you acknowledge that Somnolence +  or its strategic partners will be entitled to injunctive relief if  necessary to prevent any violation of her or its intellectual property rights.

NO LICENSE
    Except as expressly provided, nothing herein or within the Site or any of its services shall be construed as conferring any license under any of the intellectual property rights of Somnolence + Inc. or any third party, whether by implication, waiver, estoppel, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Site and services is protected by copyright, trademark, patent, or other proprietary rights of Somnolence + Inc., and Somnolence + Inc. and its strategic partners, affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Site or the services. Further, you agree not to modify, alter, or deface any of the trademarks or other intellectual property made available through the Site nor use any of the forgoing for any purpose other than the purpose for which such intellectual property is made available to users through the Site.
You may not assign or transfer your Somnolence + Inc. membership without the prior written consent of Somnolence + Inc.
Somnolence + Inc. may transfer or assign its obligations under these Terms at any time, subject to its giving you, in writing, four (4) weeks prior notice.


RIGHT TO SUSPEND, TERMINATE, AND REFUND

    Somnolence + Inc. reserves the right to suspend or terminate your use of the Site, the Somnolence + Inc. Community or our products and/or services generally, if you have been found to breach any of these Terms, as determined by it in its discretion solely.
    Refunds are not provided for Somnolence + Inc.’s products and/or services, including where access has been given to you to its content or its Somnolence + Inc. Community, whether or not you have accessed it, unless it is in breach of Canadian consumer protection legislation.

FINANCIAL TERMS

    The cancellation and guarantee details of our products and services are set out below:
If you qualified to receive a $1 value-in-advance private consultation and paid $96 after the sleep fit consultation because you received value from it, you cannot receive a refund for the total amount ($97) paid. During the first 30 days after your purchasing of our training, webinars, and  conferences, with Somnolence + Inc., you have a Sleep Fit Guarantee. Each Sleep Fit Guarantee refund request will be assessed on a case-by-case basis. Guarantee refunds will be granted at the discretion of the Somnolence + Inc., and it will only be granted when genuine value has not been received or is not able to be received.
    You can request invoices for any Somnolence + Inc. program at any time by emailing support@somnolenceplus.com.
    Some payments are operated via an online, automated billing system (Online Payment). Where payments are made by Online Payment:
- You agree to make sure that sufficient funds are available in your nominated account to meet account withdrawals that are made on their scheduled due dates.
- If your payment defaults or is not received, you authorise Somnolence + Inc. to debit any outstanding funds from your nominated account without the need for notification at a future date and time.

    Where any other agent, institution, or enterprise is debiting funds pursuant to an arrangement that it has entered into with us, you also affirm the same aforementioned rights and undertakings, as explained in these Terms, to it.
    Somnolence + Inc. reserves the right to suspend or terminate, at its discretion, any product or service if payment is in  default.
    Somnolence + Inc. reserves the right to on-sell or authorise a debt-collection or another authorised agency to collect any outstanding amounts owing by you to it.
    Somnolence + Inc. reserves the right to inform credit watch monitoring services of any ongoing defaults trends or any payment-avoiding strategies where deemed appropriate.
    Somnolence + Inc.  endeavours to work with clients who have financial difficulties to ensure that actions such as the aforementioned, listed above, do not happen. If you are experiencing difficulties or require a payment plan, please contact Somnolence + Inc.
    In those circumstances where Somnolence + Inc. invoices you for payment, payment is due and payable by the payment date that is noted on the invoice. Any failure to make the payment by the payment date may result in the suspension of your use of its product and/or services.
    Occasionally, Somnolence + Inc. may offer members the opportunity to purchase additional services and/or products at a discounted rate. You must be an active member who is in good standing at the time of purchase to be eligible for the discount.

LIMITED LIABILITY
    The disclaimers, liability limitations, and indemnities that have been included in these Terms do not exclude those rights that may not be excluded by law. Those rights include, but are not limited to, rights under Canadian consumer protection legislation.
    Somnolence + Inc. does not make any express or implied representation or warranty about, nor shall be liable, in contract, tort (including negligence) or otherwise, for any indirect,  direct, consequential or special loss, damages or reliance in connection with any of Its Content, the Site, or the Somnolence + Inc. Community.
    You expressly understand and agree that in no event shall the Site and/or Somnolence + Inc. including its strategic partners, affiliates, severally or jointly be liable for any damages whatsoever, including but not limited to any indirect, direct, consequential, special, incidental or  punitive damages, or damages for loss of use, data, profits, work, or other intangibles, or the cost of the procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon Its Content, this Site, or the Somnolence + Inc. Community.
    These terms and limitations include (but are not limited to) the loss or damage that you might suffer as a consequence of:
- Reliance on the accuracy, completeness, appropriateness, suitability, or currency of information, products, or services irrespective of any verifying measures made by Somnolence + Inc. (including third party materials and advertisements).
- Failure of performance, omission,error, deletion, interruption, defect, failure to correct defects, delay in transmission or  operation, computer virus or harmful component, loss of data, failure of the communication line, unlawful third party conduct, or destruction, theft, alteration of or unauthorised access to records.
- Accessing servers or website that are maintained by other organisations through links to the Site, Somnolence + Inc. Community or products or services. Links are only provided for convenience. It does not endorse any linked website nor any of their products and services and, at your own risk,  you access them.
- The use of credit card or any other financial information, failure to complete (or the delay in the completion of) any transaction, or other damage or loss that arises from any transaction attempted or made on the Site.

YOUR INDEMNITY

    You indemnify Somnolence + Inc. inclusive of  its representatives, from all actions, claims, suits, liabilities, demands, expenses, costs, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or it as a direct or indirect result of using or of attempting to use its information, services, products, or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of reference to, use, or reliance on any information contained within the Somnolence + Inc. Community, the Site,  or through the use of its products or services.

AFFILIATE DISCLOSURE

    As affiliates of certain products and services, Somnolence + Inc. may receive compensation for its recommendation and promotion of products/services linked to from this Site or through its Somnolence + Inc. Community.


    

DISPUTE RESOLUTION

    If there is a dispute that arises between the parties in relation to these Terms, the dispute must be dealt with and handled in accordance with this clause and any party that is claiming that a dispute exists must notify in writing the other party to the dispute (Second Party) of the nature of the dispute.
    In the case of claims against Somnolence + Inc. all notices must be provided to support@somnolenceplus.com
    If the dispute is not resolved by agreement within five (5) business days of the reception by the Second Party of the notice referred to above, either party must, if they wish to resolve the issue using official proceedings, first refer the matter to mediation to be conducted by a mediator agreed upon by the parties within a further five (5) business days or failing agreement within that period, as appointed by the office or person responsible for the time being of the Canadian body responsible for the mediation of such agreements.
    Once a mediator has been appointed, the parties agree that:
- The costs of the mediator shall be equally borne between the disputing parties.
- The chosen mediator shall determine the mediation procedures.
- The chosen mediator will not have the authority or power to make any other determination relating to the dispute.
    If a resolution of the dispute has not been mediated by the parties within ten (10) business days of the selection of a mediator, neither party shall be obliged to continue an attempt at mediation under this clause, and either party may at that point commence such legal proceedings as it considers fitting in relation to the dispute.
     If, in a party’s reasonable opinion, it is necessary to protect its rights, nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court or tribunal of competent jurisdiction to hear the matter.
    The parties must continue to comply with their obligations under the contract despite the existence of a dispute.
    This clause survives the termination of these Terms.

APPLICABLE LAW

    These Terms shall be construed in accordance with and governed by Quebec and Canadian laws. You consent to the exclusive jurisdiction of the courts in Quebec and Canada in the determination of any matter or dispute which arises between Somnolence + Inc. and you.

YOUR FEEDBACK

    Somnolence + Inc. welcomes enquiries or feedback on the Site. Unless specifically stated by you, we shall treat any information you provide to us as non-confidential and non-proprietary.
    If you have comments or questions regarding the Site, or Somnolence + Inc. products or services, please email support@somnolenceplus.com.

Company Details

Name: Somnolence + Inc.
Province: Quebec
Country: Canada
Address: 4950 Queen Mary Road, Suite 310, Montreal, Quebec H3W 1X2, Canada
Email: support@somnolenceplus.com

APPENDIX

COMMUNITY GUIDELINES

Individuals who are interested in sleep are welcome here.

Somnolence + Inc. provides people with a safe space when using its groups and forums. Consequently, a set of community guidelines have been developed, see below. These policies provide you with an understanding of the kind of sharing permitted in our private groups and communities, and also of the kind of content that may be reported to Somnolence + Inc. and removed. Because the community is diverse, please keep in mind that something that you may find disagreeable or disturbing may not violate our community guidelines.

Keep comments and posts respectful
    If one of your comments is found to be inappropriately rude, negative, or attacking in tone or content, it will be deleted or it must be revised and rephrased in line with our community guidelines , upon the request of Somnolence + Inc. and its representatives.

No sales pitches to group
    The group has a no sales-pitch policy, which includes directing people to blog posts with offers by you or the companies with which you are affiliated as well as publicly soliciting members to join your own Facebook groups or communities. Be cautious in sending unsolicited private messages to community  group members. Multiple complaints about your or someone else’s sending of private messages for unsolicited pitches to community group members may result in your being asked to leave. Remember that the group members are your peers as opposed to being your leads.

Do not post gated content
    Content that you post in the groups cannot be used to collect leads in any way. So do not require people to opt-in to view content that you post. Instead take screenshots or describe your content.

Be respectful of confidentiality
    Content or information that you gather in our Somnolence + Inc. Community groups cannot be used for the collection, repackaging, and/or the sharing of said content or information outside of the group. All community group members have the right to privacy and to feel safe and confident that information such as but not limited to their questions, answers, and experiences remain confidential to community group members.

Keep it on topic
    Somnolence + Inc. and its representatives have reserved the right to remove posts that are off-topic or offensive.
    
Collaborating and interacting with other members
    The provision of access to the community group does not mean that Somnolence + Inc. endorses community group members’ products or services. Please do your due diligence and be cautious in how you collaborate or interact partnering with other group members. Do not make the assumption that all group members are trustworthy.

Inform Somnolence + Inc. if group policies are breached
    If you believe that a particular post is not aligned with our community group guidelines, please report it to our community manager directly, via private message, so that the post can  be reviewed.
    
Broken rules
    If you are found to have broken the rules of the community group, Somnolence + Inc., reserves the right to have you removed from the group in which the breach occurred.


Copyright 2021 - Somnolence+ - All Rights Reserved
Powered By ClickFunnels.com