Terms + Conditions/Terms of Use
Holistic Sleep Academy™️ 8-Week Self-Study Digital Course

1. Please read the Terms of Use for this educational Course carefully and in their entirety before purchasing and using the Holistic Sleep Academy™️ 8-Week Self-Study Online Course (hereinafter referred to as the “Course”). The Course and its content are owned by Dr. Sarah Silverman and ZZZHAUS LLC.

Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means ZZZHAUS LLC.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Course.

“Client,“ “You,” “User,” or “Your” means the purchaser and person using the Course.

2. Consent:
By participating in the Course, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

3. DISCLAIMER:
By participating in the Course, you understand that Dr. Sarah Silverman is a Health Consultant. She shall not become your doctor or psychologist because of your participation in the Course, and therefore, you will not be entering into a doctor-patient relationship or a therapeutic relationship of any kind. The Company is not a medical doctor, psychologist/psychiatrist, or other licensed medical professional under these Terms of Use. You are expected to discuss any questions, concerns, or changes to your health, diet, or exercise regimen with your physician or qualified medical professional BEFORE making any changes and starting this Course.

This Course is for informational and educational purposes only. The information and education provided in this Course is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.

Although we do our best to make sure all of the Course’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Course’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your sleep, diet, lifestyle, exercise regimen, or supplement routine with your physician or qualified medical professional.

To reiterate, this self-guided digital Course is for educational and informational purposes only and is not a substitute or replacement for professional medical advice, diagnosis, or treatment. Engaging with Dr. Sarah Silverman via this Course does not establish a doctor-patient relationship or therapeutic relationship of any kind, nor is it a replacement or substitute for professional medical advice, consultation, diagnosis, treatment, or medical care with a licensed healthcare provider. Please speak with your doctor BEFORE starting this Course to discuss your medical history and/or speak with your doctor to discuss any medical concerns BEFORE starting this Course. Dr. Sarah Silverman assumes no liability for any diagnosis, treatment, decisions, purchases, or actions made in reliance upon information contained or shared via this Course. If you have any questions or concerns about the information presented via this Course, please speak with your doctor or licensed healthcare provider.

Please speak with your doctor or healthcare provider if you have been diagnosed with or are experiencing any of the following BEFORE starting this course:

Seizure disorder or ANY history of seizures
Dementia disorder
Parkinson’s disease
ANY history of head trauma or head injury (e.g., concussion)
Untreated obstructive sleep apnea syndrome
Untreated restless legs syndrome
Circadian rhythm sleep-wake disorder
Paradoxical insomnia disorder
Shift work disorder (or if you are any type of shift worker)
If you are currently pregnant or postpartum/nursing
Posttraumatic stress disorder or history of severe trauma
Chronic nightmares or disturbing dreams
Bipolar disorder
Alcohol use disorder
Nicotine use disorder
Cannabis use disorder
Chronic pain syndrome
Chronic fatigue syndrome or fibromyalgia

This course is NOT recommended for:
Current active substance use (i.e., alcohol and/or drug use disorder)
Shift workers (e.g., working night shifts or rotating shifts)
Excessive daytime sleepiness (especially if job requires alertness)
Poorly controlled obstructive sleep apnea or restless legs syndrome
Poorly controlled seizure disorder
Parasomnias (e.g., sleepwalking or sleep eating)
Bipolar disorder or at risk of manic episode
Current active mania or psychosis (e.g., hallucinations)
Current active suicidal thoughts
Severe depression and/or recent thoughts of suicide
Recent psychiatric hospitalization
Recent brain injury
Current active exposure therapy for posttraumatic stress disorder
Frequent and severe migraines or chronic pain
Dementia, Parkinson’s, or other neurodegenerative disorder
At risk for falls or frail

4. Assumption of the Risk:
YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE COURSE BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your doctor BEFORE attempting to participate in the Course.

By participating in the Course, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so. We are not responsible or liable for your participation in the Course.

5. Intellectual Property Ownership:
The Course and ALL of its content, including, but not limited to, videos, modules, worksheets, handouts, recordings, etc. are intellectual property owned by Dr. Sarah Silverman and ZZZHAUS LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

6. No Sharing:
You cannot distribute, copy, forward, and/or share the Course or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Course, you will be removed from the Course immediately, and no refund will be issued.

7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: Examples. They are not guarantees that you will also experience or receive the same results. Each person’s circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Course in any way. The Course is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Course.

9. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, ZZZHAUS LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Course, its materials, our website, or any other information obtained by you from us. By enrolling in the Course, you hereby agree to this limitation of liability and release ZZZHAUS LLC from any and all claims.

By participating in and/or purchasing the Course, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless ZZZHAUS LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Course and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Course, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless ZZZHAUS LLC as stated in this section herein.

10. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Course, refunds will not be issued for the Course once it is purchased. You are responsible for the full payment, regardless of whether you complete or fully participate in the Course. The full fee of the Course (regardless of payment plan) is non-refundable and non-transferable. If You elect a payment plan option, You are responsible for paying the Company the entirety of the remaining balance. The payment plan must be paid on time each month and any default in payment will result in immediate removal from the Course. The Company retains the right to legally enforce the Client to pay any remaining balance on his/her payment plan should cancellation or non-payment occur. NO REFUNDS will be issued once the Course is purchased. If You request a refund after purchasing the Course, You will be responsible for all Stripe payment processing fees (i.e., 3% processing fees on any credit card payments made to the Company).

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment for any reason whatsoever related to the Course. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. In addition, in the event of a chargeback, the Client will be responsible for all Stripe payment processing fees (i.e., 3% processing fees on any credit card payments made to the Company) in addition to any outstanding payments owed to the Company. Further, no partial refunds of any kind will be allowed for reasons including, but not limited to, financial means of the Client, or any other reason the Client determines s/he does not want to continue with the Course. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Dr. Sarah Silverman at drsarah@zzzhaus.com.

11. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Course, please contact us directly by emailing Dr. Sarah Silverman at drsarah@zzzhaus.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Dr. Sarah Silverman shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to these Terms and Conditions/Terms of Use, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 15 miles of Orlando, Florida.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Florida. The only award that can be issued to you is a refund of any payment made to ZZZHAUS LLC for the applicable Course. You are not permitted to seek additional damages, including consequential or punitive damages.

12. Limitation of Liability:
Dr. Sarah Silverman and ZZZHAUS LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Course. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Course or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS:

General Payment Terms:

When you pay for the Course by credit card, you authorize and give permission to ZZZHAUS LLC to charge your credit or debit card for the amount owed for payment of the Course in its entirety. When you purchase the Course, your information (i.e. credit card and contact info) may be collected by the third-party merchant (e.g., Stripe, ThriveCart), who may have privacy policies or security practices that are different from ours. ZZZHAUS LLC is not responsible for the merchant’s independent policies or practices.

Payment Plan Terms/Failed Payment Procedures:

Should you choose to purchase the Course via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 30 days apart until your total payment has been completed.

If you choose a Payment Plan to purchase the Course, you hereby authorize and give permission to ZZZHAUS LLC to automatically charge your credit or debit card as payment for the Course, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you (i.e., each payment will be withdrawn via “auto-pay”).

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. You consent to being responsible for ALL payments owed under the Course. There are no exceptions. No refund requests or stop payments will be granted or accepted.

If your payment-plan payment fails on the 1st attempt:
In the event that your payment is not successfully made on the due date, your credit card will automatically be re-charged after a 3-day grace period to make the payment.

If your credit card was accidentally not updated or available to be processed at the time of the initial charge attempt, you will have that 3-day grace period to update your credit card information, and your access to the entire Course will be temporarily suspended until successfully completing the payment.

After 2nd failed payment attempt:
Your access to the entire Course will continue to be temporarily suspended until successfully completing the payment. ZZZHAUS LLC will attempt to re-charge your credit card in 7 days with a 3% interest penalty added to your payment amount.

After 3rd failed payment and final attempt to make payment:
The 3rd attempt is the final attempt to collect payment before the matter is forwarded to collections. If the 3rd payment fails, you will be permanently removed from the Course, and no refund will be issued. You will also owe ZZZHAUS LLC a 3% interest penalty on the total amount owed to the Company.

14. Severability:
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

15. Entire Agreement:
These Terms of Use contain the entire agreement between You, the Purchaser, and the Company, ZZZHAUS LLC. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

16. Choice of Law + Venue:
These Terms + Conditions/Terms of Use shall be governed by the laws of the state of Florida. Any action brought by any party arising out of or from these Terms of Use shall be brought within the State of Florida, County of Orange.

By purchasing and/or participating in the Course, you implicitly signify your agreement to all of the terms and conditions in these Terms of Use.

If you have any questions about these Terms of Use, please contact Dr. Sarah Silverman at drsarah@zzzhaus.com. Thank you.