Terms and Conditions

General

The terms “we”, “us”, “our” and “Love & Lullabies” refers to Kimberly Nuttall. The term the “Site” refers to loveandlullabiesinfantsleepconsulting.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Love & Lullabies provides a link to social media posts where users can read articles about infant to toddler sleep as well as infant development articles, a service where users may purchase services related to infant and toddler sleep and development, a monthly e-mail newsletter, and other related online products (the “Service”).

Use of the Site, including all materials presented herein and all online services provided by Kimberly Nuttall or Love & Lullabies, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product or service from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site and Service

To access or use the Site, you must be 18 years or older to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to infant and toddler sleep and other information are subject to change. Love & Lullabies makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Love & Lullabies disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Cancellations, Refunds & Returns

Service Packages:

Refunds will be given for clients who choose to withdraw prior to the initial intake assessment: Client is eligible for a full refund minus a $50.00 administration fee. To withdraw, client must submit written notice to Loveandlullabiessleep@gmail.com as soon as possible.

Refunds for clients who choose to withdraw after the initial intake assessment: Client must pay for the full fee, and no refund will be provided.

If client chooses to upgrade their package prior to their package end date, they must pay the difference prior to receiving the additional support. A new contract will be sent to client.

If client has purchased the Newborn Foundations package, 15% off will be applied to any future service.

If client has purchased the Self-Guided Sleep Program with Support and desire more support (written plan package), a 35% discount will be applied. Client must contact Love&Lullabies for that discount code at Loveandlullabiessleep@gmail.com This upgrade must be used within a months time

All our products are non-refundable.

Service Description

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Our Intellectual Property

The Site and Service contain intellectual property owned by Love&Lullabies, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Earnings Disclaimer

When addressing financial matters in our Site, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and services. However, there is no guarantee that you will get any results using any of our ideas, tools, strategies or recommendations. Nothing on our Site is a promise or guarantee. You alone are responsible for your actions and results. Any forward-looking statements outlined on our Site are simply our opinion and thus are not guarantees or promises. It should be clear to you that by law we make no guarantees, and we offer no professional medical or psychological advice.

No Professional Advice

The information contained in or made available through our Site (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site.

No Warranty
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Love&Lullabies is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Love&Lullabies has been advised of the possibility of or could have foreseen the damages.

Third Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and Love&Lullabies pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Love&Lullabies shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Love&Lullabies

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of Canada. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

Affiliate Disclaimer
This affiliate disclosure details the affiliate relationships of Love&Lullabies with other companies and products.

Some of the links are “affiliate links”, a link with a special tracking code. This means if you click on an affiliate link and purchase the item, we will receive an affiliate commission.

The price of the item is the same whether it is an affiliate link or not. Regardless, we only recommend products or services we believe will add value to our readers.

By using the affiliate links, you are helping support the Service, and we genuinely appreciate your support.

As an Associate of these programs, the items do not cost more. However Love &Lullabies earn from qualifying purchases.

Love&Lullabies is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com.

Pages on this Service may include affiliate links to Amazon and its affiliate sites on which the owner of this Service, Love&Lullabies, will make a referral commission.

External links disclaimer
https://www.loveandlullabiesinfantsleepconsulting.com website may contain links to external websites that are not provided or maintained by or in any way affiliated with Love&Lullabies

Please note that Love&Lullabies does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Summary

In summary, Love & Lullabies makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Love & Lullabies disclaims all liability for any inaccuracy, error or incompleteness in the Content. Love&Lullabies will always share Health Canada’s Safe Sleep Guidelines and will not be held responsible for any unsafe practices you choose to do in your home. Again, Love&Lullabies is educated in sleep training, attachment and social services and is not a medical professional. Any questions that you have unrelated to sleep should be directed to your health care professional. Again, anything that happens in your home is your responsibility to keep your children and yourself safe and Love&Lullabies will not be held responsible.