Terms of Service

Acceptance of the Terms of Service

In this document, “we”, “our”, or “us” refer to Empowerment Wellness Solutions LLC DBA Sleep Science Academy.

The following terms and conditions (collectively, these “Terms of Service”) apply to your use of SleepScienceAcademy.com, including any content, functionality and services offered on or via SleepScienceAcademy.com (the “Website”). The Terms of Service also include our Privacy Policy.

Please read the Terms of Service carefully before you start using our Website or engaging our services because by using our Website or engaging our services, you accept and agree to be bound and abide by these Terms of Service.

Should you disagree with some of the provisions herein, please do not use the Website or services.

Changes to the Terms of Service and the Website

We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way, but since “major” is a very subjective concept, you can always monitor changes to this page. Your continued use of the Website or engagement of our services following the publishing of updated Terms of Service means that you accept and agree to the changes.

Accessing the Website, Security and Privacy

We can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also section 7 below).

To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using our Website in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend choosing a strong password and that you log out from your account at the end of every session.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

We use SSL encrypted browsing for all users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Intellectual Property Rights and Use Guidelines.

The Website and its original content, features and functionality, are owned by Empowerment Wellness Solutions LLC and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please contact us.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

User Contributions and Content Standards.

Our Website contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

  • Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
  • Not be likely to deceive any person.
  • Not promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Not give the impression that they emanate from us or any other person or entity, if this is not the case.

Law and Copyright Infringement

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold us harmless from any claims resulting from any action taken by Empowerment Wellness Solutions LLC during or as a result of its investigations and from any actions taken as a consequence of investigations by either Empowerment Wellness Solutions LLC or law enforcement authorities.

Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of our Website is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.

We Do Not Provide Medical Advice

The content of this Website and any product or service offered on this website is provided for informational and educational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease, disorder, or medical condition. It should never replace any advice given to you by your physician or any other licensed healthcare provider. Empowerment Wellness Solutions LLC offers coaching services only and does not provide therapy, counseling, medical advice, or medical treatment.

Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida.

Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Empowerment Wellness Solutions LLC and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

PRIVACY POLICY

This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site. By using our Site you agree to the collection and use of information in accordance with this policy.

Information Collection And Use
While using our Site we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally, identifiable information may include but is not limited to: your name; Personal Information; Log Data. Like many site operators, we collect information that your browser sends whenever you visit our Site.

Log Data
This Log Data may include information such as your computer’s Internet Protocol & IP address; browser type; browser version; the pages of our Site that you visit; the time and date of your visit; the time spent on those pages and other statistics. In addition, we may use third-party services such as Google Analytics that collect, monitor and analyze this … The Log Data section is for businesses that use analytics or tracking services in websites or apps, like Google Analytics.

Communications
We may use your Personal Information to contact you with newsletters; marketing or promotional materials and other information.

Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. Like many websites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security due to the nature of the process.

REFUND AND CANCELLATION POLICY

Our better sleep guarantee. If you follow our program and receive sleep coaching for 8 weeks, implement and complete all the module exercises and assessments and don’t see any results, we will refund you if we decide we cannot help improve your sleep.

We want your sleep to improve. We are not in business to charge you money without giving you results!

So if your sleep doesn’t improve, we will provide you with a refund. With that being said, to protect us from unsubstantiated refund requests we have the following terms in place that must be satisfied in order to qualify for a refund.

You are eligible for a refund if you:

a) Complete all modules of the program within 10 weeks of enrollment AND:

b) Implement the techniques taught in the program and coaching sessions AND:

c) Upon receiving your Oura ring wear it during the entire period of your enrollment AND:

d) Request a refund in writing within 8 weeks of starting the sleep program AND:

e) The average amount of time taken to fall asleep at night (as recorded on your Oura device) did not fall when comparing your Week 1 and Week 8 sleep data AND:

f) The average number of nighttime awakenings (as recorded in your Oura device) did not fall when comparing your Week 8 sleep data with your Week 1 sleep data AND:

g) The average amount of time spent awake at night (as recorded in your sleep data) did not fall when comparing your Week 8 sleep data with your Week 1 sleep data AND:

h) The average amount of sleep obtained at night (as recorded in your sleep data) did not increase when comparing your Week 8 sleep data with your Week 1 sleep data AND:

i) Your average sleep efficiency (as recorded in your sleep data) did not increase when comparing your Week 7 and Week 8 sleep data with your Week 1 sleep data.

Coaching Agreement

If you choose to enroll in our online insomnia coaching course or wish to engage in phone coaching for insomnia, you agree to the following terms:

a. You understand that coaching is a broadly inclusive process that may include different areas of your life including and not limited to health, professional or family relationships and work. You acknowledge that it is your decision, choice, and responsibility to determine how to utilize information in these areas in coaching sessions.

b. You understand and agree that you are responsible for your physical, mental and emotional well-being during your coaching sessions. These sessions may take place through email or by phone. Any choices you make or injuries that you incur from recommendations made during your coaching sessions are fully your responsibility.

c. TAKING BREAKS and TERMINATION: You agree and understand we or you can terminate or discontinue coaching at any time.  If you need to cancel or change the time of a phone coaching session you understand you need 24 hours notice in order to not to be charged for the session. With advance notice of more than 24 hours, you will not be charged and you will make every effort to reschedule.

d. CONFIDENTIALITY: You agree that you consent to use emails to sometimes transmit sensitive information. You acknowledge the risks involved and waive any rights against us for errors made in these transmissions.

e. NON-DISCLOSURE and INTELLECTUAL PROPERTY: You understand that the methodology, coaching techniques and strategies used, as well as assignments, documents or emails are proprietary and you understand that and agree that they may not be used for any other purposes other than your coaching sessions without written consent from us. You understand that information is held as confidential to fulfill your coaching obligations and as required by law.

f. DEFINITION of COACHING: You understand that coaching is intended for individuals who want to take action and make behavior changes in the service of their goals for life, health, well-being or work. Coaching does not involve the diagnosis or treatment of physical or mental disorders and you will not use it in place of any other diagnosis, therapy or treatment for other advice given you by medical or other qualified professionals. It is clear that coaching may not be appropriate for all people.

g. LIABILITY: Total liability under this coaching agreement shall be limited to the total amount actually paid by you to us. In no event shall we be liable for any consequential or indirect damages alleged to result from our performance or obligations under this agreement. You understand, acknowledge and agree that limited liability is a fundamental part of this agreement. The fees charged in this coaching agreement reflect the risk agreed upon by both client and Empowerment Wellness Solutions LLC LLC. No action, regardless of nature arising from coaching services may be brought by the client, more than one (1) year after services rendered.

Changes To Terms of Service, Privacy, Refund and Cancellation Policy
These Terms of Service, Privacy, Refund and Cancellation Policy is effective as of January 31st, 2020, and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us or by placing a prominent notice on our Site.

Contact Us
If you have any questions about this Privacy Policy, please contact us at support@devinburke.com

ssa-white-small

The content of this website and any product or service offered on this website is provided for informational and educational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease, disorder, or medical condition. It should never replace any advice given to you by your physician or any other licensed healthcare provider. Sleep Science Academy offers coaching services only and does not provide therapy, counseling, medical advice, or medical treatment. All content is provided “as is” and without warranties, either express or implied.

All Rights Reserved 2020. SleepScienceAcademy.com