By clicking the button "Agree," "I Accept, " "Submit Signature," or otherwise indicating acceptance, by registering for or using the Services, you agree to all of the terms and conditions of this agreement (the "Agreement"), which governs your use of the Services. If you do not agree to all of the terms of this Agreement, do not click the button "Submit Signature," which will indicate that you do not accept the terms of this Agreement, and you will be provided with a refund.
1. No Provision of Medical Advice
The Services that Tiny Clover Sleep Company LLC provides are not intended to replace, substitute or supplement the medical advice by your physician, Pediatrician or qualified health care provider. None of the advice or the Services that Tiny Clover Sleep Company LLC provides will be considered medical advice nor should the advice be relied upon as medical advice.
Therefore, you should consult your physician, Pediatrician, or qualified health care provider to rule out any potential underlying medical conditions before embarking on a new sleep program or using the Services. If a medical problem appears or persists, do not disregard or delay seeking medical advice from your physician, Pediatrician or qualified health care provider. The Services are not intended to be a substitute for professional medical advice, diagnosis or treatment.
2. Definitions
For the purposes of this Agreement, except as otherwise defined herein, the following words and phrases will have the following meanings:
(a)"Claims“ means all claims, suits, demands, judgments, losses, injuries, obligations, liabilities, costs, damages, and expenses of whatever form or nature, including, without limitation, legal fees, experts and consultants' fees, and other costs of legal defense.
(b)"Improvements" means any modifications, enhancements, changes or new proprietary information that is developed in relation to the Services.
(c)"Privacy Policy" means Tiny Clover Sleep Company LLC' s privacy policy set forth as Exhibit "A" explains how Tiny Clover Sleep Company LLC collects, uses and shares your personal information. attached hereto which
(d)"Services“ means the following services provided by Tiny Clover Sleep Company LLC: 1) Sleep Intake Form; 2) Sleep Report; 3) Sleep Education; 4) Follow-up Assistance; and 5) Creation of an individualized sleep plan. (e)"SIDS Information Outline“ means the American Academy of Pediatrics guidelines on sudden infant death syndrome (SIDS) attached hereto as Exhibit "B".
(f)"Taxes“ means any consumption, excise, goods and services, harmonized sales, retail sales, social services, use, value added taxes and any other tax, duty, governmental fee or other like assessment or charge of any kind whatsoever imposed by any federal, provincial, state, territorial, municipal or other governmental authority in any jurisdiction.
(g)"Tiny Clover Sleep Company LLC,"will be providing the Services. a limited liability company with a principal place of business in New Jersey, USA, who 1 / 73. Currency All currency or dollar references in this Agreement will be in United States dollars.
4. Payments
You are obligated to pay in advance for the Services. You order through Tiny Clover Sleep Company LLC's website. Tiny Clover Sleep Company LLC accepts payment through the use of the third party payment facilitator
"Stripe." By accepting this Agreement, You are giving Tiny Clover Sleep Company LLC (or a third-party payment processor on Tiny Clover Sleep Company LLC's behalf) permission to charge You for fees that You owe Tiny Clover Sleep Company LLC. All information that You provide in connection with a purchase must be accurate, complete, and current. You are responsible forand must pay any and all applicable Taxes.
If any payment is not received by its due date, Tiny Clover Sleep Company LLC may charge a late fee of the greater of $25 or
five percent (5%) of the outstanding balance, and may suspend the Services until payment is received in full.
5. Cancellations and Refunds
Cancellations of a scheduled consultation or session are handled as follows:
(a) (b) (c) (d) Cancellations made more than seven (7) days before the scheduled appointment time will be refunded the amount
paid, less a $50 administrative fee, or issued as a credit toward a future booking, at Your election.
Cancellations made within seven (7) days of the scheduled appointment time are non-refundable.
If an appointment has already been rescheduled once, any subsequent cancellation of that appointment is non-
refundable.
Once a consultation has taken place, the Services are non-refundable, regardless of whether the remaining portion of
the Agreement Term or support period is used.
6. Missed Sessions
You must provide Tiny Clover Sleep Company LLC with at least twenty-four (24) hours
'
advance notice to reschedule a
scheduled call or session. If You do not join a scheduled call and do not respond to Tiny Clover Sleep Company LLC'
s attempt
to reach You within fifteen (15) minutes of the scheduled start time, the session will be considered forfeited and will not be
refunded or rescheduled at no charge. This Section will not apply, at Tiny Clover Sleep Company LLC'
s sole discretion, where
You have notified Tiny Clover Sleep Company LLC in advance or where the missed session is due to a documented
emergency.
7. Agreement Term for the Services
Unless earlier terminated pursuant to the terms of this Agreement, Tiny Clover Sleep Company LLC will provide the Services
until both parties agree, through an email acknowledgement, that You have met the goals listed in Your initial sleep report
("Agreement Term
").
8. Independent Contractor Relationship
Tiny Clover Sleep Company LLC provides the Services as an independent contractor, and not as an employee, agent, partner,
or medical provider of You. Nothing in this Agreement creates an employment, agency, partnership, or joint venture
relationship between the parties.
2 / 79. Force Majeure
In the event that Tiny Clover Sleep Company LLC is delayed in or prevented from performing its obligations under this
Agreement due to a Force Majeure Event then, upon written notice to You: (a) the affected obligations under this Agreement
will be suspended to the extent necessary during the period of the Force Majeure Event, and (b) Tiny Clover Sleep Company
LLC will not have any liability to You or any other person in connection with such suspended obligation. For purposes of this
Agreement, a
"Force Majeure Event"
means an event beyond Tiny Clover Sleep Company LLC'
s reasonable control, including
an act of God, fire, flood, explosion, public health emergencies, communicable disease outbreak, general Internet outages,
civil disorder, strike, lockout or other labour trouble, material shortages of utilities, delay in transportation, destruction or
damage to production facilities breakdown or accident, any law, ruling, judgment, demand or requirement of any
governmental authority, riot, war, or other cause beyond the reasonable control of Tiny Clover Sleep Company LLC.
10. Termination
This Agreement and the Services may be terminated as follows:
(a) by Tiny Clover Sleep Company LLC immediately, with cause, if: (1) Tiny Clover Sleep Company LLC does not receive any
payment hereunder when due and such non-payment continues for five days following Tiny Clover Sleep Company
LLC'
s demand for payment in writing; (2) in Tiny Clover Sleep Company LLC'
s sole and absolute discretion, You have
been verbally abusive or confrontational or do not follow the agreed upon sleep plan; (3) You miss two or more
scheduled calls with Tiny Clover Sleep Company LLC any time during the Agreement Term without giving Tiny Clover
Sleep Company LLC at least one (1) hour advance prior notice; (4) You request a suspension of the Services for greater
than 1.5 weeks; (5) You fail to initiate the sleep plan within one week of Tiny Clover Sleep Company LLC'
s sleep education
session; (6) You fail to inform Tiny Clover Sleep Company LLC about any major changes in Your family
'
s routine
(including, but not limited to, prolonged vacations, changes to daycare or nanny arrangements, living accommodations
or relocations, career changes, etc.); or (7) You fail to respond to two emails from Tiny Clover Sleep Company LLC over
the course of one week;
(b) by Tiny Clover Sleep Company LLC, by giving You written notice, if Tiny Clover Sleep Company LLC is delayed in or
prevented from performing an obligation under this Agreement for a period longer than one (1) month in duration due
to a Force Majeure Event; or
(c) by either party, for convenience and without cause on one week prior written notice to the other party.
11. Effect of Termination
(a) (b) (c) (d) If the Services are terminated or cancelled by You, for any reason, You will not be entitled to any refund. You will pay for
all actual costs, including time spent by Tiny Clover Sleep Company LLC incurred to complete activities associated with
the termination and close-out of the Services.
If the Services are terminated by Tiny Clover Sleep Company LLC pursuant to Section 10(a), Tiny Clover Sleep Company
LLC will not be obligated to refund to You any portion of the purchase price paid by You (if any).
If Tiny Clover Sleep Company LLC terminates the Services for convenience pursuant to Section 10(b) or Section 10(c), Tiny
Clover Sleep Company LLC will refund a pro-rated portion of the purchase price (if any) to You to account for the
unused portion of the Services based upon Tiny Clover Sleep Company LLC'
s hourly rate posted on Tiny Clover Sleep
Company LLC'
s website.
Any calls or sessions included in Your package must be used within the Agreement Term. If the Services end before the
Agreement Term is complete for any reason, including at Your request, any unused calls or sessions will be forfeited and
will not be refunded, credited, or carried over.
Nothing in this Section gives you any right to a refund from Tiny Clover Sleep Company LLC except as stated herein.
*No Guarantee of Specific Outcomes
3 / 7The Consultant cannot guarantee specific sleep outcomes, timelines, or results. Every child is unique, and responses
to sleep changes vary.
The Consultant will adjust strategies collaboratively, but cannot be held liable for sleep outcomes.
12. Your Representation and Warranties
You acknowledge and agree that:
(a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) You have read the SIDS Information Outline attached hereto as Exhibit "B"
practices recommended by the SIDS Information Outline.
and You agree to follow the safe sleeping
You are at least 18 years old, are at least of the legally required age in the jurisdiction in which You reside, and are
otherwise capable of entering into binding contracts.
You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this
Agreement, and that You will so abide.
You consent to the collection, use, sharing and transfer of Your data as outlined in the Privacy Policy as updated from
time to time.
You agree to immediately contact Your physician, Pediatrician or qualified health care provider if You or Your baby or
Your family have any medical conditions which prevent them from being sleep trained safely.
You agree to disclose any medical condition(s) to Tiny Clover Sleep Company LLC that You or Your baby or family has.
You acknowledge that Your use of the Services are voluntary and that injuries, accidents, or other complications may
result from participation.
You acknowledge and agree that it is Your responsibility to follow instructions for any service provided or purchases You
make, and to seek help from Tiny Clover Sleep Company LLC if You have any questions.
You acknowledge and agree that injuries, accidents, or other complications associated with the Services may result
from Your use of the Services. You agree to consult with Your physician if You are concerned about any of the risks to You
or Your baby or Your family
'
s health or well-being that may result from the Services.
You acknowledge and agree that if You request a
"baby-led"
"
versus a
parent-led"
Services, You understand that the baby-led solution requires additional time.
sleep solution as a part of the
You acknowledge and agree that after Tiny Clover Sleep Company LLC reviews Your intake form, Tiny Clover Sleep
Company LLC may notice or identify potential medical issues, nutritional sensitivities or maternal health issues that, in
Tiny Clover Sleep Company LLC'
s sole opinion, require treatment before Tiny Clover Sleep Company LLC will commence
the Services. If this is the case, You acknowledge and agree that Tiny Clover Sleep Company LLC will not provide the
Services and will recommend other experts for You to meet with prior to initiating the Services.
13. Confidentiality
Each party agrees to keep confidential any personal, medical, or family information shared by the other party in connection
with the Services, and to use such information solely for the purpose of providing or receiving the Services, except where
disclosure is required by law or as otherwise permitted under this Agreement or the Privacy Policy. You agree to keep
confidential, and not to disclose, reproduce, or share with any third party, any proprietary frameworks, methodologies
(including the CALM Method), materials, or content provided by Tiny Clover Sleep Company LLC in connection with the
Services.
14. Ownership and License of Materials
4 / 7All guides, sleep plans, written materials, frameworks, and other content provided to You by Tiny Clover Sleep Company LLC in
connection with the Services (the
"Materials
") remain the sole and exclusive property of Tiny Clover Sleep Company LLC. You
are granted a limited, non-transferable, non-exclusive license to use the Materials solely for Your own personal, non-
commercial use in caring for Your own child or family. You may not copy, reproduce, distribute, resell, or share the Materials
with any third party without Tiny Clover Sleep Company LLC'
s prior written consent.
15. Testimonials and Use of Information
You agree that Tiny Clover Sleep Company LLC may use anonymized or de-identified details of Your experience with the
Services (such as general outcomes or feedback, without Your name, image, or other identifying information) for marketing,
educational, or promotional purposes. Tiny Clover Sleep Company LLC will not use Your name, photo, video, or other
identifying information in any testimonial, marketing material, or public communication without first obtaining Your separate
written consent.
16. Recording of Communications
Tiny Clover Sleep Company LLC may record calls, video sessions, or other communications with You for training, quality
assurance, or reference purposes. By participating in such communications, You consent to this recording. Any recordings
will be kept confidential and used solely in connection with the Services, except as otherwise required by law.
17. Equality and Non-Discriminatory Practice
Tiny Clover Sleep Company LLC is an inclusive service and will not discriminate against You on the basis of age, race, sexual
orientation, gender identity, parenting style, family dynamic, disability, cultural beliefs, or religion. If there is anything You
would like Tiny Clover Sleep Company LLC to be aware of in this regard, You are welcome to share it prior to or at the start of
Your consultation.
18. No Warranties
To the maximum extent permitted by applicable law, the Services are provided on an
"
as is
"
and "
as available
" basis. Your
purchase of the Services is at Your sole risk. You expressly understand and agree that, to the maximum extent permitted by
applicable law, Tiny Clover Sleep Company LLC makes no representations or warranties whatsoever regarding the Services
and expressly disclaims all representations and warranties, express, implied or statutory (including, without limitation, any
representations or warranties: (a) regarding the scope or nature of content or Services that will be available to Customer; or
(b) of merchantability, fitness for a particular purpose, use, title or non-infringement), and will have no legal, equitable, or
other liability of any kind to You, including without limitation for any damages whether direct, indirect or consequential,
regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise,
and You hereby waive any and all claims or demands therefor. To the extent that the jurisdiction in which you reside or to
which Tiny Clover Sleep Company LLC delivers the Service does not allow the exclusion of implied warranties or limitations on
how long an implied warranty may last, the limitations or exclusions set out in this Section may not apply to you in such a
jurisdiction and any implied warranties relating to the Service are limited to thirty (30) days from the commencement of the
Services. These implied warranties give you specific legal rights and you may have other rights, which vary from jurisdiction
to jurisdiction.
19. Exclusion of Damages
To the maximum extent permitted by applicable law, in no circumstances will Tiny Clover Sleep Company LLC be liable to You
or any third party for lost profits (whether direct or indirect), costs of substitute services, or for incidental, consequential,
punitive, special or exemplary damages, or indirect damages of any type however caused, whether by breach of
representation or warranty, breach of contract, in tort, negligence or any other legal or equitable cause of action, even if Tiny
Clover Sleep Company LLC has been advised of such damages in advance or if such damages were foreseeable.
5 / 720. Release of Liability and Indemnity
To the extent permitted by applicable law, You shall release, indemnify, defend and hold harmless Tiny Clover Sleep
Company LLC, its employees, legal representatives, agents, successors and assigns (collectively with Tiny Clover Sleep
Company LLC, the
"Tiny Clover Sleep Company LLC Indemnified Parties
"), from and against any and all claims by any party
against any of Tiny Clover Sleep Company LLC Indemnified Parties to the extent any claim arises or results from: (i) the
Services provided; (ii) the acts, omissions, gross negligence or willful misconduct of You; and (iii) without limitation on the
generality of (i) and (ii) above, any claim for injury or death to any persons. In the event that all or any portion of this Release
of Liability and Indemnity Section is deemed to be inapplicable for any reason, including, without limitation, as a result of a
decision of an applicable court, legislative enactment or regulatory order, the parties agree that this Release of Liability and
Indemnity Section shall be interpreted as requiring You to release, indemnify, defend and hold harmless Tiny Clover Sleep
Company LLC Indemnified Parties to the fullest extent permitted by applicable law.
21. Limitation of Liability
The total, cumulative liability of Tiny Clover Sleep Company LLC arising out of or related to the Services or this Agreement,
whether based on contract, in tort or any other legal or equitable theory, will be limited in the aggregate to the amounts
actually paid to Tiny Clover Sleep Company LLC hereunder during the twelve (12) month period preceding the first event
giving rise to liability. The existence of more than one claim will not enlarge this limit.
22. Response to Court Orders
Notwithstanding any other provision herein, You hereby consent to Tiny Clover Sleep Company LLC providing any information
relating to You and the Services, and any other information related thereto, as may be requested at any time by way of
subpoena or other court order, and agree to indemnify and hold harmless Tiny Clover Sleep Company LLC from all costs,
liabilities, losses, or expenses arising in connection therewith.
23. Feedback and Improvements
You understand and agree that any Improvements, feedback, input, suggestions, recommendations, troubleshooting
information or other similar information that You provide or which is made available to Tiny Clover Sleep Company LLC
(including in the course of utilizing support or the Services) may be used by Tiny Clover Sleep Company LLC to modify,
enhance, maintain and improve Tiny Clover Sleep Company LLC and shall become Tiny Clover Sleep Company LLC'
s
exclusive property without any obligation or payment to You.
24. Assignment
You will not transfer or assign any of its rights or obligations under this Agreement without the express written consent of Tiny
Clover Sleep Company LLC.
25. Notices
Any notice required or otherwise given pursuant to this Agreement will be in writing and emailed, faxed, mailed certified
return receipt requested, postage prepaid, or delivered by overnight delivery service, to the address set forth in Tiny Clover
Sleep Company LLC'
s intake form. Any such notice, if delivered or sent by electronic transmission, will be deemed to have
been given or received on the day on which it was transmitted; if sent by postage prepaid or delivered by overnight delivery
service, will be deemed to have been given or received on the second business day following the day on which it is sent. The
address at which notice may be given to a party may be changed by the giving of notice of such change by that party to the
other party as provided for in this Section.
6 / 726. Waiver
No party is to be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is
made in writing. No waiver made with respect to any instance involving the exercise of any such right is to be deemed to be
a waiver with respect to any other instance involving the exercise of the right or with respect to any other such right.
27. Severability
If any part or parts of this Agreement are held unenforceable for any reason, the remainder of this Agreement will continue in
full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent
jurisdiction, and if limiting such provision would make the provision valid, then such provision will be deemed to be construed
as so limited.
28. Governing Law; Forum
This Agreement and the Services will be governed and construed in accordance with the laws of the United States
Government applicable therein without reference to its principles of conflict of laws. Each of the parties submit to the
exclusive jurisdiction of any USA court sitting within the United States of America, in any action, application, reference or other
proceeding arising out of or related to this Agreement and the Services and agrees that all Claims in respect of any such
actions, application, reference or other proceeding will be heard and determined in New Jersey, USA courts and further
consents to any action, application, reference or other proceeding arising out of or related to this Agreement being tried or
heard in New Jersey, USA.
29. Amendments
You agree that Tiny Clover Sleep Company LLC may change the terms of this Agreement from time to time by notifying You
via email or other means. You agree to accept, and You hereby accept, any changes to the terms of this Agreement, unless
the changes impose commercially unreasonable disadvantages on You. If a change imposes commercially unreasonable
disadvantages on You and Tiny Clover Sleep Company LLC receives a written objection from You within 30 days of the date
when You received notice or You should have noticed the change, Tiny Clover Sleep Company LLC may, at Tiny Clover Sleep
Company LLC'
s sole option and discretion, (a) reverse such change with the effect that the immediately prior version of this
Agreement will continue to apply to You, or (b) terminate this Agreement and Your use of the Services and refund to You any
prepaid services fees for time periods after the effective date of the change to which You objected in accordance with this
Agreement.
30. Entire Agreement
This Agreement contains the whole agreement between the parties relating to the subject matter herein and supersedes any
and all promises, representations, warranties, undertakings or other statements whether written or oral made by or on behalf
of the one party to the other of any nature whatsoever or contained in any document given by one party to the other.
BY AGREEING TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS,
YOU UNDERSTAND THESE TERMS AND CONDITIONS, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.
