Disclaimers
The website www.kindandrested.com (the “Website”) is owned and operated by Courtney Cooper (hereinafter referred to as “Company,” “we,” “us,” or “our”). By choosing to access, view, or use this Website, and any materials — including but not limited to blog posts, emails, social media content, videos, downloads, programs, services, coaching, communications, products, and all other digital or physical materials (collectively, “Materials”), you (“Visitor,” “you,” or “your”) expressly acknowledge, agree, and confirm that you have read, understood, and fully accept this Disclaimer in its entirety.
If you do not agree to be bound by the terms set forth in this Disclaimer, you must immediately discontinue use of the Website and all associated Materials. Your continued use of the Website and any Materials constitutes irrevocable acceptance of this Disclaimer and an agreement to be legally bound by all provisions contained herein.
Terms of Use
By accessing, viewing, or using this Website, including all content, products, services, programs, communications, downloads, digital or physical materials, you represent and warrant that you are at least 18 years of age and possess the legal and mental capacity to enter into and be bound by this Disclaimer and its terms. Use of this Website or any associated Materials by anyone under 18 is strictly prohibited.
By accessing this Website, you acknowledge and agree that you are legally bound by the terms of this Disclaimer as they appear, whether or not you have read them. If at any time you do not agree to be with this Disclaimer, you must immediately cease accessing or using the Website and all associated Materials, Programs, Products, Services, social media, or communications.
This Disclaimer is subject to change and may be updated or amended at any time without notice, at the sole discretion of the Company. The Company is not bound or required to provide any notice of such changes, updates, or amendments. It is your responsibility to review this Disclaimer periodically. Your continued use of the Website and Materials constitutes acceptance of the most current version, whether or not you have reviewed it.
This Website and all Materials provided herein are not affiliated, endorsed, sponsored, or associated with Facebook, Instagram, Pinterest, or any other third-party platform unless explicitly stated herein.
You agree to use the Website and all Materials lawfully, responsibly, and in accordance with this Disclaimer, and you acknowledge that your use of the Website is voluntary and at your own risk.
Purpose and Scope
The content, materials, products, programs, services, and communications provided through this Website (collectively, “Materials”) are intended solely for educational and informational purposes. By accessing this Website and using any Materials, you acknowledge and agree that the Company is not providing medical, mental health, therapeutic, legal, financial, or other professional advice.
The Company, including Courtney Cooper, does not hold medical, mental health, legal, financial, or other professional licenses or certifications and is not acting in the capacity of a doctor, nurse, physician assistant, therapist, counselor, psychologist, psychiatrist, dietitian, accountant, lawyer, or other licensed professional. Materials, coaching services, programs, or communications from this Website are not a substitute for professional consultation, diagnosis, treatment, or advice from a licensed professional in any field. By visiting this Website, you agree and understand that all materials, content, services, programs, communications, downloads both physical or digital are made available to you as a self-help tool only. Nothing on this website or distributed via email, message, phone, video call, or any other mode of communication is intended to take the place of a consultation with a physician, dietician, nutritionist, counselor, therapist, lactation consultant, or medical professional of any kind, lawyer, doctor, accountant, psychic, or any other professional.
The materials, content, programs, services, and communications offered through this Website are provided for informational and educational purposes only and are not a replacement nor intended to be a replacement for professional guidance or services. This includes, but is not limited to, advice, diagnosis, or treatment from your own medical professionals (such as physicians, nurses, physician assistants, or other licensed healthcare providers), mental health professionals (including therapists, counselors, psychologists, psychiatrists, or social workers), members of the clergy, your own attorneys, accountants, and/or financial advisors.
You understand, acknowledge, and agree that:
You will not rely on any Materials, Programs, Services, communications, or content provided through this Website for making decisions that could affect your or your family’s health, finances, legal matters, business, or overall well-being.
You are fully responsible for promptly consulting qualified professionals regarding any medical, mental health, legal, financial, or safety concerns.
You will not disregard or delay seeking advice from qualified, licensed healthcare providers, mental health professionals, attorneys, accountants, or other qualified experts based on information provided on this Website, in Materials, communications, coaching services, or any other content from the Company.
You are solely responsible for any and all outcomes resulting from your use, application, or implementation of any Materials, Programs, Services, communications, or information, including but not limited to decisions affecting your business, finances, parenting practices, or child safety.
You shall always consult appropriate professionals—including medical, mental health, legal, or financial advisors—before engaging in or acting on any information provided on this Website or through any communication, Program, or Service from the Company.
While we make every effort to ensure the accuracy and reliability of the information provided on this Website, in our Programs, Products, Services, communications, and Materials, the Company cannot guarantee that the content is error-free, complete, or current. We cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss, damage, or adverse outcome, howsoever arising, from your use of, or reliance on, this information. You are advised to seek independent professional guidance tailored to your specific situation.
Laws, regulations, and professional standards vary by jurisdiction and are subject to frequent change, which may affect your individual circumstances, business, finances, or legal obligations. Accordingly, it is hereby advised that you seek guidance from appropriately qualified professionals, including but not limited to licensed attorneys, accountants, tax advisors, or other relevant experts, regarding any and all questions, concerns, or decisions you have, may have or hereafter have related to any and all information presented by our website, programs or services pertaining to your legal, financial, or tax matters. You acknowledge and agree that the Company is not responsible for any decisions or actions you take based on the information provided on this Website or through any Programs, Products, Services, or communications, and you accept full responsibility for obtaining independent advice tailored to your specific situation.
The Company makes no guarantees or warranties regarding any results, outcomes, or benefits from use of the Website, Materials, or services. Success, improvements, or any changes resulting from application of the Materials depend entirely on your individual effort, circumstances, and judgment. Results may vary, and will be based on many variables, so therefore no guarantees can be made. You accept full responsibility for your actions, decisions, and results arising from your use of this Website and any and all Materials, Services, Programs, Communications, etc.
Voluntary Participation and Responsibility
By accessing and using this Website, Programs, Products, Services, coaching, communications, or any related Materials, you acknowledge and agree that your participation is entirely voluntary. You alone are solely responsible for your engagement with the Materials, including your decisions, actions, and any outcomes—whether positive, negative, or unforeseen—that result from your use of the content.
You understand, acknowledge, and agree that:
You will exercise your own due diligence, judgment, and discretion before implementing or acting upon any information or guidance provided through the Website or associated Materials.
The Company is not responsible or liable for any financial, physical, emotional, or other harm that you, your family, or anyone in your care may incur as a result of applying, following, or misapplying any information obtained from the Website, Programs, Products, Services, or communications.
The Materials are provided for general informational and educational purposes only. You agree that any actions you take based on this information are made independently and at your own risk, and results may vary depending on your individual circumstances, effort, commitment, and external factors beyond the Company’s control.
The Company makes no guarantees or warranties regarding outcomes, including but not limited to improvements in your child’s sleep, family well-being, business results, financial outcomes, or any other specific results.
You accept full responsibility for the decisions you make and the consequences thereof, and you agree to hold the Company harmless from any claims, damages, losses, or liabilities arising from your use or non-use of the Materials.
Visitor acknowledges that the information contained on this Website is intended as general information only and you agree that any decisions you make to implement or follow anything you find on this Website are wholly and entirely your own.
Assumption of Risk
By accessing or using this Website, its Programs, Products, Services, coaching, communications, or any related Materials, you acknowledge and agree that your use is entirely voluntary and that there are inherent risks associated with applying any information, recommendations, or practices provided. These risks may include, without limitation, risks related to parenting, family sleep practices (including cosleeping, bedsharing, or other sleep arrangements), child safety, child well-being, parental well-being, stress management, business decisions, financial outcomes, physical, mental, and emotional health, and any other actions or decisions resulting from use of the Materials.
You understand, acknowledge, and expressly agree that:
You assume full responsibility for your decisions, actions, and outcomes—whether positive, negative, or unforeseen—arising from your use, misuse, or non-use of the Materials.
The Company is not responsible or liable for any harm, injury, loss, damage, or adverse consequences that may occur to you, your family, children, employees, team members, affiliates, or any other individual or entity, regardless of whether such outcomes arise before, during, or after your use of the Materials.
Any mention, suggestion, or recommendation of products, services, or practices through the Website or associated Materials is provided for informational purposes only, and you acknowledge that reliance on such recommendations is at your own risk.
The Company makes no representations, warranties, or guarantees regarding the effectiveness, safety, or outcomes of any Materials, Programs, Products, Services, or advice provided, including but not limited to child sleep practices, child or parental well-being, financial outcomes, business results, income, physical or mental health, relationships, spirituality, or overall life success.
You agree to seek guidance from qualified professionals—such as medical providers, mental health professionals, legal advisors, or financial experts—regarding any decisions that could impact your health, safety, finances, or legal obligations, and you will not rely solely on the Materials provided through this Website.
While the Company takes reasonable precautions to maintain the security and functionality of the Website, we cannot guarantee uninterrupted access or complete protection against technical failures, data loss, or other security breaches, and you agree to assume any and all risks associated with using the Website.
By using this Website and associated Materials, you acknowledge that you fully understand and voluntarily accept all risks inherent in the implementation, interpretation, or application of any content, recommendations, or guidance provided. You release, indemnify, and hold harmless the Company, its officers, agents, employees, affiliates, and partners from any claims, liabilities, damages, or losses of any kind arising from your participation, use, or non-use of the Materials.
Technology Disclaimer
We make every reasonable effort to ensure that the content, information, Programs, Products, Services, and Materials provided on this Website are accurate, current, and reliable. However, because the nature of this information is constantly evolving, we cannot guarantee that all content is complete, up-to-date, error-free, or without omissions. You acknowledge that the content and Materials may contain inaccuracies, errors, or outdated information, and you agree that the Company is not liable for any such inaccuracies or errors to the fullest extent permitted by law.
While we strive to maintain continuous and reliable access to the Website and associated Materials, we do not guarantee uninterrupted or error-free access. Access may be temporarily unavailable, delayed, or restricted for maintenance, updates, technical issues, internet traffic, server overload, network failures, or other unforeseen circumstances. You acknowledge and agree that the Company is not liable for any loss, damage, refund, or other remedy arising from limited, delayed, or interrupted access to the Website or its Materials.
You are responsible for providing accurate, truthful, and complete information when interacting with this Website, including your name, contact information, email address, and payment details if applicable. You understand and agree that any inaccurate, false, or incomplete information you provide may result in liability for any subsequent damages, losses, or issues arising from such information.
By using this Website, you acknowledge and accept the inherent risks associated with the availability, accuracy, and use of the content and Materials. You assume all such risks and agree to release the Company from any liability to the fullest extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, including its affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees (collectively, the “Indemnified Parties”), from and against any and all claims, demands, causes of action, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees and legal expenses, arising out of or relating to:
Your use of or reliance upon the Website, Programs, Products, Services, coaching, communications, or any associated Materials;
Any action or inaction taken based on information contained in the Website or Materials, whether written by the Company or a third party, regardless of endorsement;
Any violation by you of this Disclaimer, these Terms of Use, or any other agreement with the Company; and
Any breach by you of any warranty, representation, covenant, or obligation set forth herein or in any other agreement with the Company.
Should the Company be required to defend itself in any action directly or indirectly involving you, or in any action where the Company determines that your participation would assist its defense, you agree to cooperate fully and provide evidence, documents, testimony, or other information as reasonably requested, without charge.
You acknowledge and agree that the Company is not responsible for any content posted on the Website by third parties and is not liable for any damages—whether direct, indirect, incidental, consequential, foreseeable, or otherwise—arising from or perceived to arise from your reliance on such third-party content or from your use of any Products, Programs, or Services. You hereby release and hold harmless the Company and all Indemnified Parties from any and all claims, losses, liabilities, or damages resulting from or related to the use, misuse, or non-use of information provided on the Website, Programs, Products, Services, or Materials.
Warranties
The Website, Programs, Products, Services, communications, and all associated Materials (collectively, “Materials”) are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by law, the Company expressly disclaims all warranties, including but not limited to:
Warranties of merchantability or fitness for a particular purpose;
Accuracy, completeness, or timeliness of any content or information;
Non-infringement of any third-party rights; and
Any guarantee regarding results, outcomes, or effectiveness of Materials, Programs, Products, or Services.
Use of the Website, Materials, Programs, Products, Services, or any information provided through any communication, email, social media, webinars, or membership platforms is at your own risk, and you acknowledge that no warranty or guarantee is made regarding the content, applicability, or fitness for any purpose.
Limitation of Liability
To the maximum extent permitted by law, the Company, its affiliates, agents, contractors, officers, directors, employees, joint venture partners, licensors, successors, and assigns (collectively, the “Indemnified Parties”) shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or foreseeable damages, or any other damages whatsoever, including but not limited to:
Personal or business injury, harm, illness, or death;
Loss of profits, revenue, or business opportunities;
Misapplication or reliance on any information, Products, Programs, or Services;
Interruptions, delays, system failures, or technical issues; or
Any other loss, liability, or damage arising from your use, misuse, or inability to use the Website, Materials, Programs, Products, Services, or any information provided.
This limitation of liability applies regardless of the cause of action, whether based on contract, tort, negligence, strict liability, or otherwise, and even if the Company has been advised of the possibility of such damages.
By using the Website, Programs, Products, Services, or any Materials, you acknowledge and agree that you assume full responsibility for any risks, outcomes, or results, and that no liability shall attach to the Company or any Indemnified Party for any consequences arising therefrom.
By accessing or using our Website and/or subscribing to our email list, you acknowledge and agree that your participation is voluntary and that you are solely responsible for your actions, choices, and any results arising from such participation. Your use of this Website constitutes your agreement to release, waive, and absolve the Company, as well as its affiliates, agents, employees, contractors, consultants, guest contributors, joint venture partners, and any other personnel associated with the Company (collectively, the “Indemnified Parties”) from any and all liability for any loss, damage, injury, or legal action that may arise—directly or indirectly—from your use of the information, content, programs, Products, or Materials made available through the Website or via communications such as email.
You further acknowledge and agree that the Company is not responsible or liable for any damages of any kind, including but not limited to direct, indirect, incidental, consequential, punitive, or special damages, or for any loss of business, income, revenue, anticipated profits, clients, sales, goodwill, data, or other financial or intangible losses. This includes, without limitation, damages resulting from computer failures, viruses, technical errors, service interruptions, delays, defects, or other similar issues arising from your use of the Website, Products, Programs, Services, or Materials.
By using this Website, you accept that all actions you take based on information, content, or Products provided are done at your own risk, and that any consequences resulting from such use are your sole responsibility.
Release of Claims and Dispute Resolution
To the fullest extent permitted by law, you agree that the Company, along with its affiliates, agents, employees, contractors, consultants, guest contributors, joint venture partners, and any other personnel associated with the Company (collectively, the “Indemnified Parties”), shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or equitable damages arising from or related to your use of, access to, or reliance upon our Website, Programs, Products, Services, or Materials. This release includes, without limitation, damages relating to lost profits, business or personal interruptions, personal injury, accidents, misapplication of information, or any physical, mental, or emotional condition, even if the Company has been advised of the possibility of such damages.
By enrolling in, purchasing, or using any of our Website, Programs, Products, Services, or Materials, you acknowledge and agree to waive certain legal rights, including the right to a jury trial, and consent to resolve disputes through individual arbitration rather than through court proceedings. You further understand and accept that this agreement limits the remedies available to you in the event of a dispute, and you voluntarily assume these terms.
Testimonials and Endorsements
Our Website may feature testimonials, case studies, personal stories, reviews, or other accounts reflecting the experiences of clients, users, or participants in our Website, Products, Programs, Services, or Program Materials (collectively, “Testimonials”). These Testimonials may include, but are not limited to, photographs, quotes, names, usernames, or other identifying information, and are provided voluntarily by the individuals sharing them.
You acknowledge and agree that Testimonials reflect the personal experiences, opinions, and results of individual clients and do not constitute any guarantee, promise, or representation that you will achieve the same or similar outcomes. Any results or benefits described in Testimonials are influenced by numerous variables, including but not limited to individual effort, personal circumstances, dedication, commitment, and other factors beyond the control of the Company.
By reading or viewing Testimonials, you understand and agree that your experiences may differ, and that your use of our Website, Products, Programs, Services, or Program Materials is at your sole risk and discretion. Testimonials are provided for educational and informational purposes only and should not be relied upon as a prediction or assurance of specific results.
Affiliates and Third—Party References
From time to time, the Company may choose to promote, partner with, become an affiliate of, or otherwise engage in a joint venture with another individual or company whose programs, products, or services align with the Company’s mission and offerings. You understand and acknowledge that if an affiliate or joint venture program is featured on our Website, the Company may receive financial compensation in the form of affiliate fees, rewards, or other payments.
The Company only promotes, references, or features products, services, or businesses that it genuinely believes in and deems potentially beneficial to its audience. However, any mention, promotion, or reference to a third-party product, service, or resource is for informational purposes only and does not constitute an endorsement, guarantee, or recommendation of suitability for your circumstances.
You are solely responsible for exercising your own judgment regarding whether to engage with, use, or purchase any third-party products or services. The Company is not involved in, responsible for, or liable for any decisions you make regarding third-party offerings. By using or purchasing from a third party referenced on our Website, you agree to hold the Company harmless from any and all claims, damages, losses, or dissatisfaction resulting from your interactions, purchases, or reliance on such third-party products or services.
The Company is not responsible for any content, offers, or representations made by third parties and shall not be held liable for any damages or losses resulting from your interaction with such third parties.”
Governing Law and Dispute Resolution
This Disclaimer, and any disputes arising out of or relating to your use of the Website, Programs, Products, Services, or Materials, shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of laws principles.
You agree that any dispute, claim, or controversy arising from or relating to this Disclaimer or your use of the Website, Programs, Products, Services, or Materials shall first be attempted to be resolved through good-faith informal discussions. If such discussions fail, all disputes shall be resolved by binding arbitration conducted individually (not as a class or collective action) under the rules of the American Arbitration Association (AAA) or a mutually agreed-upon arbitration provider.
The arbitration shall be conducted in Oregon, unless otherwise agreed by the parties. By agreeing to this Disclaimer, you expressly waive the right to participate in any class action or jury trial, and you agree that all claims must be brought on an individual basis only. Judgment upon the arbitration award may be entered in any court having jurisdiction.
Contact
Your use of this Website indicates your full acceptance of this Disclaimer. If you have any questions, please contact:
Courtney Cooper at kindandrested@gmail.com