Each child is different. Each parent is different. The information shared on this website and in these products may feel helpful to some and not to others, and that's ok! Respect your own needs and preferences and the needs and preferences of your child/children and use only what you like. Enjoy what works, and leave the rest. All of the information shared are suggestions only. Feel free to modify as you like.
The information contained on the Mind Body Bedtime Facebook and Instagram pages is for general information purposes only. The information is provided by mindbodybedtime.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Complete Website and Products Terms of Use
1. GENERAL. Welcome to MIND BODY BEDTIME, a website owned and operated by Zanne Health Massage, LLC dba Susanne Benton Bodyworks. (“Zanne Health Massage,” “We,” or “Our”), MIND BODY BEDTIME is a website providing information about Our services, events, and products. The website features are subject to this user agreement, which incorporates the following terms, conditions, guidelines, agreements, covenants, and notices (“Terms of Use Agreement” or “Agreement”).
By accessing and/or using mindbodybedtime.com or any of the information, content, or services provided through mindbodybedtime.com (the “Site”), you signify that you have read, understand, and agree to be legally bound by all terms and conditions contained in this Agreement. You are authorized to access and/or use the Site only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement, regardless of whether your access or use is intentional. If you do not agree to be bound by this Agreement or to abide by all applicable laws, rules and regulations, you must discontinue any and all use of the Site immediately.
Additional terms and conditions may also apply to specific services or features of the Site, and you may be required to agree and accept additional terms and conditions before accessing or using certain aspects of the Site. All such additional terms and conditions are hereby incorporated into this Agreement by this reference.
We may, from time to time, modify the terms of this Agreement, and any such changes will be posted on this page. The date of the most recent update is listed at the beginning of this Agreement. Your continued use of the Site after any changes to this Agreement will mean that you accept those changes and agree to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly.
2. OWNERSHIP. The Site, including the arrangement and compilation of the text, graphics, audio and video clips, data, digital downloads, buttons, icons, images, and other content, constitutes the copyrighted property of Zanne Health Massage, LLC dba Susanne Benton Bodyworks. You are prohibited from using, copying, reproducing, republishing, transmitting, posting, or distributing any content without the express, advance, written consent of Zanne Health Massage, LLC dba Susanne Benton Bodyworks, except that you may display and print pages and items from this site for your personal, informational, noncommercial use. All persons and entities who use the Site acknowledge and agree to limit their use of the Site and all its content to personal, informational use. In the event We provide written authorization for the use of any such material for other purposes, a copyright notice must appear on all pages and documents, along with a statement that such material is being used with Our permission.
3. ELECTRONIC COMMUNICATIONS. By visiting the Site, by entering and receiving information through the Site, and by e-mailing Zanne Health Massage, you are communicating electronically. You specifically consent to receive communications from Zanne Health Massage. You further agree that all the Terms and Conditions stated herein, along with any e-mails or other electronic communications with Zanne Health Massage, satisfy any legal requirement that such communications must be in writing.
4. DISCLAIMER OF WARRANTIES. ZANNE HEALTH MASSAGE HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND OTHER INFORMATION PROVIDED OR POSTED WITHIN THIS SITE OR ELSEWHERE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, IRRESPECTIVE OF HOW SUCH WARRANTIES OR REPRESENTATIONS ARE FRAMED OR PRESENTED.
5. LIMITATION ON LIABILITY. You acknowledge and agree that all products provided by and through the Site are provided on an AS IS and AS AVAILABLE basis. IN NO EVENT SHALL ZANNE HEALTH MASSAGE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZANNE HEALTH MASSAGE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZANNE HEALTH MASSAGE FOR THE APPLICABLE PRODUCT OUT OF WHICH LIABILITY AROSE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO ZANNE HEALTH MASSAGE FOR THE PRODUCT, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE REQUIRED BY LAW.
6. INDEMNIFICATION. You agree to indemnify and hold Zanne Health Massage harmless from any loss, liability, claim, or demand, including costs and reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.
7. DISCLAIMERS. The information contained in or made available through our sites (including but not limited to information contained on videos, in emails, or in text or audio files) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical or psychological 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. We will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life. By your use of the Site, you agree not to attempt to hold Zanne Health Massage liable for any such decisions, actions or results, at any time, under any circumstance.
We cannot guarantee and do not promise any specific results from use of the Site, and do not guarantee the integrity or accuracy of information posted on the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and data accuracy, and for maintaining a means external to the Site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may damage your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it.
8. RESTRICTIONS ON USE. If We discover, receive information indicating, or otherwise suspect that you have violated the Terms of Use or restrictions on publication and use, as set forth herein, We reserve the right, in its sole discretion, to terminate your use of and access to the Site, without notice. As consideration and as a material incentive for Zanne Health Massage to permit use of its Site, you agree not to:
a. Communicate false information, inaccurate information, misleading information, or libelous or defamatory content;
b. Violate any laws, regulations, or codes;
c. Use the Site if you are under the age of 13;
d. Use the Site if you have been suspended or barred from use;
e. Interfere with the efficient operation of the Site, including, but not limited to, the distribution of spam, chain letters, and viruses; hacking and jamming; and use of harmful technologies of any type;
f. Replicate, reproduce, copy, or distribute content from the Site, or Zanne Health Massage’s intellectual property, in violation of this Agreement;
g. Falsely pose as a customer or otherwise use a false identity, email address, telephone number, or physical address, whether to gain some financial advantage, to generate economic harm, to jam or disrupt communications, to commit fraud, or for any other purpose whatsoever; or
h. Collect, harvest, or distribute information, including email addresses, from other users or visitors without consent, or otherwise violate Our privacy policy.
Should you knowingly post false information, or violate any other Terms of Use set forth above, Zanne Health Massage may be entitled to injunctive relief, and may seek legal and equitable remedies including, but not limited to, tortious interference with contractual and/or advantageous business relations, common law fraud and/or wire fraud, invasion of privacy, defamation, deceptive trade practices, and various other causes and remedies, in addition to seeking damages for breach of this Agreement.
9. USE OF INFORMATION. As a material incentive for Zanne Health Massage to allow use of this Site, you agree to the following terms and conditions regarding use of information. You will be required to disclose certain information, including contact information, payment information and such other data as is sought through requests, forms, and blank fields provided within the Site. We do not store payment information. You understand that We will use this information to provide products, to contact you should the need arise, and for related purposes. You authorize Zanne Health Massage to contact you by e-mail, telephone, mail, fax, or by any other reasonable mode of communication. Please consult Our Privacy Policy for additional details concerning use of the information you provide to and through this Site. Should any terms within this section conflict with those incorporated within Our Privacy Policy, those contained within this section shall prevail.
12. GENERAL PROVISIONS. The following general conditions apply to this Agreement,
and shall be deemed part of the Terms of Use stated herein:
a. Enforcement/Binding Effect. You agree and acknowledge that this Agreement constitutes a contract enforceable in a court of law or equity, that it is supported by sufficient consideration, and that it is specifically enforceable to the fullest extent possible under the court’s equitable jurisdiction. The Terms of Use stated herein will inure to the benefit of Our successors, assignees and licensees.
b. Dispute Resolution. You and Zanne Health Massage agree that any disputes that arise under this Agreement, or that is in any way related to this Agreement or to Our products and services, shall be submitted to binding arbitration, pursuant to the rules of the American Arbitration Association. The party determined to be in violation of the Terms of Use of this agreement shall be responsible for all reasonable attorney’s fees and costs, including expenses associated with expert witnesses, travel, costs, appellate proceedings, including attorney’s fees incurred in establishing the amount of attorney’s fees to be awarded. You agree to bring any action arising out of this Agreement, within one year from the date the action or cause accrued. Should you fail to bring such action within a year, you agree to waive such claims to the fullest extent permitted by law.
c. Entire Agreement/Merger. This Agreement contains the entire agreement between the parties as to the subject matter within. You agree and acknowledge that no representations, promises, or agreements, other than those made within, have been made by any of the parties in connection with this Agreement. All prior representations are merged into this Agreement.
d. Construction/Severability. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If any term or provision of this Agreement or the application to any person or circumstance shall be determined to be void, invalid or unenforceable by any court of competent jurisdiction, then such provision or determinations shall be modified to conform it to law and to make it enforceable, while maintaining, to the fullest degree possible, the purpose of the provision. If such modification is not possible, the provision shall be stricken, and shall not affect the validity and enforceability of the remaining Terms of Use and the overall Agreement.
e. Venue and Jurisdiction. In the event that there is any dispute concerning or arising out of this agreement or performance of this agreement, you and Zanne Health Massage agree that the sole venue and jurisdiction shall be vested in Dane County, Wisconsin. Arbitration and all enforcement proceedings shall take place in that jurisdiction. To the fullest extent permissible by law, the Site user waives any objection to venue or jurisdiction, and agrees that Zanne Health Massage is to perform its obligations under this agreement in Dane County, Wisconsin. The parties agree that the laws of the State of Wisconsin shall govern this Agreement.
f. Waiver. Our failure to exercise or enforce any provision of the Terms of Use shall not constitute a waiver of such right or provision.