TERMS & CONDITIONS:
The following terms and conditions constitute an agreement between you and Conscious Napping (“we” “our” or “us”), the owner and operator of this site and its related operations, products and services. It covers everything you do with us when you explore our site and/or use our programs and services – collectively called “Our Services”.
You can use Our Services – as an employee, patient of a third party medical provider, or member of an organization who has purchased Our Services for you to use. If you create an account for yourself and/or allow others to use Our Services, then you are responsible for accepting everything in this document on their behalf and confer their agreement to the terms of this document.
You can listen to recordings by downloading our App from Google Play or the Apple App Store. While we allow Our Services for your personal use, all of Our Services and materials are copyrighted and are not to be used or distributed for resale or in any other way used for you or others to profit.
If the organization that has purchased this benefit for you decides to no longer offer it, you will retain access to the programs you have already enrolled in, but will no longer have access to any of the other programs. Your access will remain until you ask us to cancel it.
We hire reputable companies who do their very best to protect OUR Services and your emails from hackers, but as you well know, nothing is totally hack-proof. If anything were to happen that disclosed your email to unauthorized parties, we will inform you as soon as possible.
It is your responsibility to notify us asap at firstname.lastname@example.org if your login credentials are ever stolen or compromised, or if you want your information changed or removed from our website. This helps keep all of our user’s information safe.
It is unlawful for you to knowingly transmit any date, or upload any material containing viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful program or code designed to adversely affect the operation of any computer hardware, software, website or system.
We do not diagnose, treat or cure anything. While we hope Our Services are helpful to your personal development and wellness, Our Services are NOT a substitute for professional medical or mental health advice, diagnosis and treatment. You need to seek qualified professional medical providers for any condition or health situation you
are experiencing. You agree to hold us and/or the organization that purchased Our Services harmless from any damages for your use of this site, including but not limited to, your failure to seek proper medical care .
You agree to indemnify us and product manufacturers/developers and each of our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your (i) use of our Website, (ii) breach of any term or condition of use, (iii) violation of any law, or (iv) violation of any third party’s rights.
THE MATERIALS AND CONTENT ON THIS WEBSITE ARE PROVIDED “AS IS”. THERE IS NO WARRANTY ON THE USE OR ACCURACY OF ANY CONTENT OR OTHER MATERIALS ON THIS WEBSITE. WE EXPRESSLY DISCLAIM ANY LIABILITY RESULTING FROM USE OF OUR WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT OUR WEBSITE IS FREE OF ANY VIRUS OR OTHER HARMFUL MATERIAL.
SOME STATE LAWS LIMIT THE EXCLUSION OF IMPLIED WARRANTIES. THESE EXCLUSIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT ARE WE OR A PRODUCT MANUFACTURER/DEVELOPER LIABLE TO YOU FOR ANY USE, MISUSE OR RELIANCE ON THE SITE. THIS INCLUDES BUT IS NOT LIMITED TO ANY DAMAGES YOU INCUR, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS OR REVENUE. THIS INCLUDES ANY CLAIM WHETHER BASED IN CONTRACT, TORT, INFRINGEMENT, OR OTHER THEORY, EVEN IF WE MAY BE AWARE OF THE POSSIBILITY OF SUCH DAMAGE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND ANY LINKED SITE.
THESE LIMITATIONS APPLY EVEN IF IT PREVENTS YOU FROM HAVING AN ADEQUATE REMEDY AT LAW OR EQUITY.
IF A STATE LAW DOES NOT ALLOW AN EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW.
We collect basic demographic information about you: Name, age, marital status, ethnicity and gender. We use this information to determine if there are demographic differences that should be examined in refining content and creating new programs. (For example: Should we add another language besides English and Spanish? Is one gender having more success in a program than another? Is age a factor in program choices or success?)
We ask you to complete a survey at the beginning of your program, sometimes throughout (in the weight program) and at the completion of your program. This is to let you and us know how effective the program was for you so we can continue to refine and improve it. We welcome and invite your feedback. If you are participating through an organization, the overall results may help them further refine the programs and benefits they offer, and in the case of weight loss and tobacco cessation, they may use the results to lobby their insurance company for reduced rates. (For weight/tobacco programs you will receive an annual survey for 3 years on the anniversary of reaching your weight goal and/or becoming tobacco free.) It also helps your organization decide whether or not to continue offering it.
Organizations that pay for your enrollment may determine to keep your name visible, though unless they are offering benefit rewards (in which case they would have to know your name to give you the reward), we strongly encourage them to only receive aggregate private data from the program surveys and demographic information. We call this turning privacy on. They are responsible to notify you if the information will not be private, and we will remind them of their obligation to do so. Healthcare organizations may or may not adopt the privacy option as some doctors may want to know if a patient is participating as part of their treatment plan. Your sponsoring organization will have access to demographic information and program results, but if privacy is on, nothing to identify you will be made available to them, they will see only the aggregate results.
Because the modules and surveys of these programs ‘drip’ into your library at intervals that vary by program, we use your email to notify you that you have content waiting. This is the only personal information that may identify you as a user of Our Services, and again, is not available to your organization if privacy is turned on.
We collect as little personal data as possible and keep it for as little time as possible. For example, enough time to satisfy the IRS and local taxing entities, or for as long as you keep your library of modules, or you ask us to remove you from our database.
We will never sell or in any other way knowingly distribute any information about you to any 3rd party (except to a Company that has purchased our services for your use for the purposes described herein), nor will we use your personal information other than to let you know there is new content or new programs available for you (or collect anonymous data as stated in the terms and conditions section). Other entities/ individuals that may have limited access to information are employees of Conscious Napping and those who perform services for us, website hosting services like WordPress, and web security services. All information is stored on HIPAA compliant servers and all emails are encrypted. (They are companies that are all responsible for compliance with current legal standards. If you want further information on their practices please email us at email@example.com ) If Conscious Napping is sold or part of a merger, all information will be a part of that transaction and you will be notified of these changes.
We may also disclose personal information that you have provided to us if required by law, court order or a good-faith understanding that such action is required by law or is necessary to (i) protect your safety, (ii) our safety, or (iii) the safety of others.