Plain Language Agreement:
Your safety is our priority. There are days when you will feel exhausted during Slumber Camp. During these days, we strongly recommend that you avoid any activities that put you at high risk for fatigue-related injury (driving, operating heavy machinery, etc). In addition, this program can be dangerous for people with bipolar disorder, epilepsy, severe sleepwalking, and untreated sleep apnea. If you have one of these disorders, you agree not to participate without the permission of your doctor. Some people have other physical and mental illnesses that might get worse when doing this course, and we strongly recommend that you seek the guidance of a qualified professional prior to participating in Slumber Camp. If you are having thoughts about hurting yourself or someone else, please dial the National Suicide Prevention Lifeline at 1-800-273-8255 in the United States, or contact a similar hotline if you are in another country. It’s impossible to list every possible risk. By accepting these terms, you agree that Slumber Camp—and anyone associated with Slumber Camp—cannot be held responsible for any damage to yourself or anyone else, including, but not limited to property damage, embarrassment, physical injury, mental injury, emotional injury, and death.
We are here to help you, but we can’t do everything. Slumber Camp is designed to assist you in using cognitive behavioral therapy (CBT) skills to overcome insomnia. This program cannot diagnose insomnia, sleep disorders, or any form of medical or mental illness. We recommend that you seek the guidance of a qualified professional for proper diagnosis and treatment recommendations. Although we do our best to provide high-quality, evidence-based information and protocols, Slumber Camp is not a substitute for the advice of a therapist or physician. No one at Slumber Camp will become your therapist or physician as a result of your participation. (Pre-existing therapist-patient and doctor-patient relationships with Slumber Camp staff, if any, will not change.)
We care about your privacy. We do not collect any information about you besides your email address, purchase details, sleep log tracking data (should you choose to enter it), and basic web and email analytics. Feel free to use any email address (just make sure it’s in an inbox you check every day). We do not sell or share any of your information with anyone else. We may use your email address to tell you about useful future programs produced by Wonderberry LLC (the company that made Slumber Camp), but we promise that we’ll make it easy to unsubscribe at any time. We will not use your data for publishable research without asking for your explicit permission beforehand.
You deserve to know how we generate revenue. Slumber Camp is primarily supported by purchases from users. However, we also provide links to affiliate products that people often find useful, and may receive some revenue from these sources. Advertisements may be used on the Slumber Camp website, but will not be present in the actual course.
This course is designed for adults. This course should not be used by people under the age of 18 without the permission of their parents. By accepting this agreement, you confirm that you are over 18 years old or have permission from your parents to attend Slumber Camp.
All terms in the Legal Agreement are final. This Plain Language Agreement is provided for your convenience. We believe in keeping things simple, but we also accept the need for defensive legalese. There are terms and conditions in the Legal Agreement that may not be present here, and if there is a disagreement between these two documents, the Legal Agreement will always take precedence.
Binding Legal Agreement:
Version 1.0, effective 7/26/2017
Each Slumber Camp course (“Information Product”) and accompanying documentation is licensed and not sold. Each Information Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Wonderberry LLC (doing business as Slumber Camp), its directors, officers, employees, agents, subsidiaries, affiliates, associated individuals, or suppliers (here-after collectively referred to as “Slumber Camp”) own intellectual property rights in each Information Product. This End-User License Agreement is a legal agreement between the licensee (referred to as “you” or “your”) and Slumber Camp. Your license to download, use, copy, or change an Information Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
You accept and agree to read and be bound by the terms of this Agreement by receiving, using, or copying an Information Product. If you do not agree to all of the terms of this Agreement, do not receive, use, or copy an Information Product.
You agree that you are not establishing a doctor-patient or therapist-patient relationship with Slumber Camp, or any other person affiliated with Slumber Camp in any way, including but not limited to, Jeffrey Clark, MD, unless a doctor-patient or therapist-patient relationship has been previously established in writing prior to your participation in Slumber Camp.
This Agreement entitles you to receive and use one copy of an Information Product. You may obtain additional personal copies for other devices through https://SlumberCamp.co, provided that you accept this Agreement on each device on which you receive an Information Product.
Restrictions on Transfer
Without first obtaining the express written consent of Slumber Camp, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to an Information Product.
Restrictions on Alteration
You may not modify an Information Product or create any derivative work of an Information Product or its accompanying documentation. Derivative works include, but are not limited to, translations. You may not alter any files or libraries in any portion of an Information Product.
Disclaimer of Warranties and Limitation of Liability
Unless otherwise explicitly agreed to in writing by Slumber Camp, Slumber Camp makes no warranties, express or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this Agreement or in the limited warranty documents provided with an Information Product.
Slumber Camp makes no warranty that an Information Product will meet your requirements or operate under your specific conditions of use. Slumber Camp makes no warranty that operation of an Information Product will be secure, error free, or free from interruption. You must determine whether an Information Product sufficiently meets your requirements for security and uninterruptability. You bear sole responsibility and all liability for any loss incurred due to failure of an Information Product to meet your requirements. Slumber Camp will not, under any circumstances, be responsible or liable for any damage, or the loss of data, on any computer, phone, tablet, watch, or any other device. The entire risk of using an Information Product remains with you.
AN Information Product CANNOT DIAGNOSE PHYSICAL OR MENTAL ILLNESS. YOU AGREE THAT YOU HAVE BEEN ADVISED TO SEEK THE GUIDANCE OF A QUALIFIED PROFESSIONAL FOR DIAGNOSIS AND TREATMENT OF ALL PHYSICAL AND MENTAL ILLNESSES. AN Information Product PROVIDES NO GUARANTEE OF EFFECTIVENESS OTHER THAN A MONEY BACK GUARANTEE AND IS NOT A SUBSTITUTE FOR THE ADVICE OF A THERAPIST OR PHYSICIAN. THIS PRODUCT HAS NOT BEEN APPROVED BY THE FDA FOR THE DIAGNOSIS OR TREATMENT OF ANY ILLNESS OR DISEASE.
Under no circumstances shall Slumber Camp, or any individual associated with Slumber Camp, be liable to you or any other party for any direct, indirect, consequential, special, incidental, punitive, or exemplary damages of any kind (including, but not limited to, lost revenues or profits or loss of business) resulting from this Agreement, or from the furnishing, performance, receipt, or use of an Information Product, whether due to a breach of contract, breach of warranty, or the negligence of Slumber Camp or any other party, even if Slumber Camp is advised beforehand of the possibility of such damages. To the extent that the applicable jurisdiction limits Slumber Camp’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted by law.
YOU AGREE THAT YOU HAVE BEEN ADVISED OF THE POTENTIAL RISK OF FATIGUE-RELATED INJURY, INCLUDING BUT NOT LIMITED TO: MOTOR VEHICLE AND HEAVY MACHINERY ACCIDENTS. YOU AGREE THAT YOU WILL AVOID DRIVING WHILE FATIGUED. YOU ALSO AGREE THAT YOU WILL NOT USE AN Information Product IF YOU HAVE EPILEPSY, BIPOLAR DISORDER, UNTREATED SLEEP APNEA, OR ANY OTHER MEDICAL CONDITION WORSENED BY SLEEP DEPRIVATION WITHOUT THE EXPRESS WRITTEN CONSENT OF YOUR PHYSICIAN. YOU AGREE THAT YOU HAVE BEEN ADVISED TO CONTACT A SUICIDE HOTLINE IF YOU ARE HAVING THOUGHTS OF HURTING YOURSELF OR SOMEONE ELSE. YOU AGREE THAT Slumber Camp, AND ANY INDIVIDUALS ASSOCIATED WITH Slumber Camp, CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGE TO YOURSELF OR ANYONE ELSE, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, EMBARRASSMENT, PHYSICAL INJURY, MENTAL INJURY, EMOTIONAL INJURY, AND DEATH.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement, if any, is the correction, replacement, or refund of the purchase price of an Information Product. Selection of whether to correct, replace, or refund shall be solely at the discretion of Slumber Camp. Slumber Camp reserves the right to substitute a functionally equivalent copy of an Information Product as a replacement. If Slumber Camp is unable to provide a replacement or substitute Information Product or corrections to an Information Product, your sole alternate remedy shall be a refund of the purchase price for an Information Product exclusive of any costs for shipping and handling.
All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Slumber Camp to have been caused by you. All limited warranties on an Information Product are granted only to you and are non-transferable.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Optional Rules for Emergency Measures of Protection. The arbitration hearing shall take place in the state of Washington, county of King, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator(s) shall only require the parties to disclose documents that they intend to rely on in presentation of their case at the hearing. No demand for arbitration may be made after one year from when the event giving rise to the claim or cause of action arose. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages. If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator may award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees and legal costs. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF AN Information Product AND OUR WEBSITE OR ANY CONTENTS OR PRODUCTS OBTAINED, PURCHASED, OR DOWNLOADED FROM THIS WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Slumber Camp FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Your acceptance of this agreement does allow Slumber Camp to gather basic information about your use of an Information Product, including but not restricted to basic web and email analytics, basic contact information, purchase details, course-related data, and all other information necessary to provide this course. Slumber Camp will not provide or sell your contact information to another company, unless Slumber Camp is purchased or acquired by another company. Acceptance of this agreement does not constitute permission for Slumber Camp to gather this data from you to use for publishable research purposes. You agree that Slumber Camp can use the email address you provide for future marketing communications.
You agree to the revenue generating mechanisms provided by each Information Product, including, but not limited to, purchases, affiliate programs, and advertisements. Slumber Camp does not necessarily review advertisements and affiliate programs for content and does not necessarily endorse the use of the products they provide. Slumber Camp cannot be held responsible for the content found in these products, nor in the way that you use them. Individual results will vary.
Each Information Product is not to be used by people under the age of 18 without the explicit permission of a parent or legal guardian. By accepting this agreement, you confirm that you are at least 18 years old or have permission from a parent or legal guardian to use this an Information Product. Payment for purchases of this and any affiliate product is the responsibility of parents and legal guardians, and cannot be cancelled or refunded by Slumber Camp.
Governing Law and Jurisdiction
This Agreement is governed by the laws of the state of Washington, without regard to Washington’s conflict or choice of law provisions. We welcome participants from all parts of the world, however, all participants acknowledge that Slumber Camp and all content available on and through Slumber Camp, including but not limited too its website, are governed by the laws of the United States of America and the laws of the State of Washington. We do not represent that the content of this program are appropriate or available for use in other locations. Persons who choose to access Slumber Camp from other locations do so on their own initiative, and are responsible for compliance with any applicable local laws.
A printed version of the Agreement and of any notice or communication given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and their respective successors and permitted assigns. You may not assign your rights or obligations under this Agreement at any time.
Both parties acknowledge that this Agreement expresses both parties entire understanding and agreement, and that there have been no warranties, representations, covenants or understandings made by either party to the other except such as are expressly set forth in this Agreement. The parties agree that this Agreement shall be interpreted as though co-drafted by both parties hereto and any rules of contract interpretation favoring one party over the other shall be disregarded. Captions and section headings used in this Agreement are for convenience only. All necessary provisions shall survive any termination of this Agreement for any reason.
The failure of Slumber Camp, or any individual affiliated with Slumber Camp, to exercise in any respect any right provided for herein shall not be deemed a waiver of any of its rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any such respect. Any specific right or remedy provided in this Agreement shall not be exclusive but shall be cumulative upon all other rights and remedies set forth this Agreement and allowed under applicable law.
All Products originate from the United States and customers are solely responsible for the payment of any applicable customs, import, export, and excise duty, VAT and/or other taxes and fees, if any.
If any provision of this Agreement shall be held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Miscellaneous Legal Information
Copyright 2017, Wonderberry LLC (dba Slumber Camp).
Slumber Camp teaches the principles of cognitive behavioral therapy for insomnia (CBT-I), an evidence-based therapy. It is not intended to replace the diagnosis, advice, and treatment provided by a qualified healthcare professional. Slumber Camp is not for everyone, and you should talk with your doctor to consider your individual situation before making any health-related decisions. Slumber Camp cannot be held responsible for any harm caused by your choice to engage in this course. By using this website, you agree to be bound by the terms of our Legal Agreement.