Terms Of Sale & Service
BCL Solutions Inc., is the Alberta Corporation that you are entering into this agreement with (“BCL,” "BCL Solutions", "Company", “we,” “us,” or “our”, or under our names or brands such as "sleepguru", "Sleep Guru", "Sacred Sleep System", "Sleep Secrets", "Sleep Secrets Tonight" and others, etc.). Brendon Lumgair and Christine Erin Johanson Lumgair are the owners and Directors of BCL and all business they conduct and all agreements they make are under and through BCL Solutions Inc., not personally. We invite you to access and use our websites and funnels, including, without limitation, any websites and/or funnels (the “Websites”).

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service.
THE SECTIONS BELOW TITLED “CHARGEBACKS AND PAYMENT SECURITY WAIVER”, “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A CHARGEBACK AND PAYMENT SECURITY WAIVER, BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

0. Earnings & Health disclaimer
1. Description and use of our websites

2. Community guidelines

3. Restrictions

4. Sign-in name; password; unique identifiers

5. Fees, payment and refund policy

6. Intellectual property

7. Registered user content; licenses

8. Communications with us

9. No warranties; limitations of liability

10. External sites

11. Representations; warranties; and indemnification

12. Compliance with applicable laws

13. Termination of the agreement

14. Digital millennium copyright act

15. Controlling law

16. Binding arbitration

17. Class action waiver

18. Mutual Non-Disclosure Agreement

19. Miscellaneous
0. Earnings & Health Disclaimer
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE BCL Solutions AT YOUR SOLE RISK. By purchasing any BCL Solutions Inc. Products or services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

Online courses, webinars and masterclasses organized by Brendon Lumgair, under BCL Solutions Inc., are not to be misconstrued as medical advice, as therapy or therapeutic advice.

Website content--online courses, webinars and masterclasses, articles, videos and other information on this website--are for educational and informational purposes only. They are not intended to replace, override, or question any individual healthcare or therapeutic service you currently use, have used in the past, or may use in the future.

Participants’ individual therapeutic needs will not be discussed, assessed, or evaluated through our websites. Students are encouraged to seek appropriate healthcare practitioners in whatever area they see fit and to take full responsibility for their health and well-being.

Similarly, Brendon Lumgair’s & BCL Solutions Inc.'s writings and videos on this website are not intended to be used as formal therapeutic advice or diagnostic tools. He will not be held accountable or liable for decisions you make or consequences you experience directly or indirectly from the teachings and information offered on this website or in any of her educational services by him. 


PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of BCL Solutions Inc, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge BCL Solutions Inc, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I expressly agree and promise to accept and assume all of the risks existing in participating in the Website, its courses and offerings. I acknowledge that participation in this program will include emotional, psychological, and interpersonal exploration both individually and in groups that entail known and unanticipated risks that could result in psychological and interpersonal injury to myself or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities and benefits of the program. My participation in this program is purely voluntary and I elect to participate in spite of the risks.

2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BCL Solutions Inc. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of BCL Solutions Inc.’s equipment or facilities, including any such claims which allege negligent acts or omissions of BCL Solutions Inc..

4. Should BCL Solutions Inc. or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.  I acknowledge that if anyone is psychologically or physically hurt or property is damaged during my participation in this program, I may be found by a court of law to have waived my right to maintain a lawsuit against BCL Solutions Inc. on the basis of any claim from which I have released them herein.

BCL Solutions Inc. websites are designed for educational purposes and do not replace therapeutic or medical treatment. Please reach out to a mental health service provider if you require therapeutic services or intervention.

I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
1. Description and use of our websites
We provide Visitors and Registered Users with access to the Services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the BCL Solutions community.

BCL Solutions is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, BCL Solutions may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.
2. Community guidelines
BCL's community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
  • You will not upload, post, email, transmit, or otherwise make available any content that:
  • Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
  • is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
  • Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
  • ​You will not “stalk,” threaten, or otherwise harass another person;
  • You will not spam or use the Websites to engage in any commercial activities;
  • If you post any Registered User Content, you will stay on topic;
  • You will not access or use the Websites to collect any market research for a competing business;
  • ​You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • ​You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
  • ​You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
  • ​You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
  • ​You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
  • ​You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
3. Restrictions
The Websites are only available for individuals aged 16 years or older. If you are 16 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
4. Sign-in name; password; unique identifiers
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. BCL will not be liable for any loss or damage caused by any unauthorized use of your account.
5. Fees, payment and refund policy
As consideration for any purchase you make on the Websites, you shall pay BCL all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged in U.S dollars.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize BCL  to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details
Cancellation and Refund Policy

BCL Cancellation Policy

A Purchaser who enrolls may not cancel the contract under any circumstances with written permission from BCL. Upon enrollment, the Purchaser will be responsible for the balance of sale owing and must pay all further installments as agreed and on time. Should Purchaser fail to make any payment as and when due, we reserve all our rights against Purchaser for failure to make installment payments on time, including, but not limited to, mandating a collection agency or attorney to obtain payment from Purchaser, which may adversely affect the Purchaser’s credit rating. Purchaser must reimburse us for all reasonable fees (including legal and collection agency fees) incurred in collecting the balance of sale and is not eligible for any Guarantee.

We will NOT provide refunds following the date of purchase, outside of the terms of any Guarantee listed in writing, in the offer. After any available Guarantee period has lapsed, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program. Any claims against any of our Guarantees will be provided as “Store Credit” for the “Total Value” as indicated below or on the sales page to be used for purchase against offer(s) of equal or lesser value until the Store Credit is used.

After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its bank to issue a check in the amount of the refund. The Company does not control its bank and will not be able to expedite any refunds.
Please note – these are serious business, professional development and / or personal development course(s), they’re not magic or instantaneous. If you’re not ready to put in the work and take real action, you won’t see the results. We put an extraordinary amount of time, money and effort into all of our offers, and we expect you to do the same. Our offers are only for those who seriously want results.

If you have any questions or concerns about your purchase, please let us know by contacting our support team directly. The support desk can be reached at support@sacredsleepsystem.com.

Chargebacks And Payment Security Waiver

To the extent that Registered User provides BCL with Credit Card(s) information for payment on Registered User’s account, BCL shall be authorized to charge Registered User’s Credit-Card(s) for any unpaid charges on the dates set forth herein. If Registered User uses a multiple-payment plan to make payments to BCL, BCL shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Registered User shall not make any chargebacks to BCL account or cancel the credit card that is provided as security without BCL’s prior written consent. Registered User is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Registered User shall not change any of the credit card information provided to BCL without notifying BCL in advance.

Refund Policy – Physical goods (Printed Magazine Issues, Books, Posters or Journals)
The above refund policy on digital goods does not apply to physical goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer.

We recommend that you return the physical product via registered post and that you prepay all postage. You assume any risk of lost, theft or damaged goods during transit, and therefore advise you take out shipment registration of insurance with your postal carrier. BCL will not be responsible for parcels lost or damaged in transit if you choose not to insure.

Refund Policy – BCL Services

Once BCL has accepted payment, the services are no longer refundable. Should BCL stop Services for any reason a credit in the amount remaining will be added to the client’s account. This credit is valid for 180 days exactly, unless otherwise specified in an engagement letter. We don’t guarantee any type of conversions, results, or ROI, the only thing we guarantee is we will complete the work to scope and it will function from a technical standpoint. If you ever dispute that a project was not completed correctly or believe that there is a bug due to software updates it must be done in writing via our support desk at support@sacredsleepsystem.com within 360 days of the original completion date.

Refund Policy – All BCL Digital Goods and Courses

At BCL, we are so confident that you will get results that we give you a fixed time period (outlined in the offer) to complete the course, do the work and put what you’re taught to the test.

We want you to give your best to implement all the strategies and tactics discussed in the course and give yourself the best chance at success, which is why if we’re here to hold you accountable to putting in the work.

Each course has been tested to make sure that as long as you follow the modules and complete the action items for each lesson, you will have an increased chance to get results.
Which is why when you enroll in any of our courses as a student, you get a fixed time-period Guarantee (depending on the details in the offer). The guarantee states that if you enroll in one of our courses, watch all the video lessons, complete all of the required work and action items, and don’t receive the FULL Value (indicated below or on the sales page) and implement what you learned in the course for a minimum of 90 days or the specified time indicated below or on the sales page, we will provide a full refund or store credit according to our cancellation policy.

Our fixed time period Guarantee is governed by the following terms.

In order to qualify for a refund or credit, you must have completed the course, implemented it for a minimum number of days indicated in the course, and email us, including proof that you did the work in the course and it did not work for you. You must include your completed coursework with your request for a refund, as well as the required assignments (specific to each course). If you request a refund and do not include your completed coursework or proof that you’ve implemented it for the minimum number of days required for success, you will not be granted a refund or credit.
If you haven’t completed the course or the required assignments, then you won’t be eligible for the guarantee. We’ll ask for your completed course work and ask what didn’t work for you (so we can learn and improve).

For All Courses:

The work that you need to submit with your request for a refund includes ALL of the following items, as well as the specific requirements outlined for each course (see below).
  • Requirement 1: Complete the course
  • Requirement 2: Implemented it for a minimum of 90 days from completion of the course and all coursework, unless otherwise specified below or on the course sales page.
  • Requirement 3: If you get st
  • Requirement 4: You DID NOT complete the “Value Indicator” after completing all other requirements.
  • Requirement 4: Complete & attach the course workbook filled in with your notes/answers, to show that you’ve taken the time to apply the course lessons.
  • Requirement 5: Tell us why this course was not a good fit for you and your business needs. What did you expect that you did not get once inside the program?
Here’s how our guarantee DOES NOT apply:
1. You enroll, never complete the course, and submit a ticket asking us for a refund.

2. You enroll, do none of the assignments, and submit a ticket asking us for a refund.

3. You enroll, do all of the assignments but don’t implement it for the minimum days required by the course, and submit a ticket asking us for a refund.

4. You enroll, do all of the assignments, implement it for the minimum days required by the course, and complete the “Value Indicator” and submit a ticket asking us for a refund.
6. Intellectual Property
The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of BCL (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under Canadian, United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines or registered softwares, where applicable, and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of BCL. BCL retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of BCL (the Trademarks) used and displayed on the Websites are registered and unregistered trademarks or service marks of BCL. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with BCL, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of BCL Trademarks inures to our benefit.

Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
7. Registered user content; licenses
As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT BCL, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, BCL, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to BCL that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by BCL and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
8. Communications with us
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
9. No warranties; limitations of liability
THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.
10. External sites
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
11. Representations; warranties; and indemnification
(a) If you are a Registered User, you hereby represent, warrant, and covenant that:
  • You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your Registered User Content and any other works that you incorporate into your Registered User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
  • Use of your Registered User in the manners contemplated in this Agreement shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; and
  • You shall not submit to the Website any Registered User Content that violates our Community Guidelines set forth above or any other term of this Agreement.
(b) You agree to defend, indemnify, and hold us and our members, managers, officers, directors, employees, agents, successors, licensees, assigns, partners, joint venture partners, advertisers, sponsors, affiliates, agents, current or prospective business partners, businesses under common control, third-party businesses or partners participating in administering our programs or services, or to those providing business functions such as technical support, customer service, marketing assistance, etc. harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use or misuse of the Content or the Websites; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
12. Compliance with applicable laws
The Websites are based in the Canada and the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the Canada or the United States. If you access the Websites or the Content from outside of Canada or the United States, you do so at your own risk. Whether inside or outside of Canada or the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
13. Termination of the agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
14. Digital millennium copyright act
BCL respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

BCL Solutions Inc. 

PO Box 36096 Lakeview PO
Calgary AB T3E7C6
Canada

support@sacredsleepsystem.com

If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Websites where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
15. Controlling law
This Agreement and any action related thereto will be governed by the laws of the province of Alberta without regard to its conflict of laws provisions.
16. Binding arbitration
In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Alberta Arbitration Act (“AAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the AAA. Any court in Alberta may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Alberta Arbitration Act. The arbitration will be conducted in person and shall take place in Calgary, Alberta. The parties may litigate in court to compel arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
17. Class action waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
18. Mutual Non-Disclosure Agreement
This is an agreement between BCL and Registered User (the "Client") involving the material exchange of confidential information and shall be effective upon the date of purchase
RECITAL
Each party (the "Receiving Party") understands that the other party (the "Disclosing Party") has disclosed or may disclose information including, without limitation, computer programs, code, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), and other technical, business, financial and product development plans, forecasts, strategies and information, which to the extent previously, presently, or subsequently disclosed to the Receiving Party, is hereinafter referred to as "Proprietary Information" of the Disclosing party. All Proprietary Information shall be protected and safeguarded if it is (a) marked as the Disclosing Party's confidential or proprietary information (or with an equivalent legend) at the time of disclosure, if disclosed in tangible form; or (b) identified as Proprietary Information at the time of disclosure. Notwithstanding the failure of the Disclosing Party to mark information as confidential or proprietary as described above, information that, by its very nature, or under the particular circumstances of disclosure, should reasonably be understood to be confidential or proprietary, shall be deemed to be Proprietary Information.

In consideration of the parties' discussions and access the Receiving Party may have to Proprietary Information of the Disclosing Party, the Parties hereby agree as follows:

a. The Receiving Party agrees (i) to hold the Disclosing Party's Proprietary Information in confidence and to take all necessary precautions to protect such Proprietary Information including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials, (ii) not to divulge any such Proprietary Information or any information derived therefrom to any third person, (iii) not to make any use of such Proprietary Information, except to: render services as needed by the Company, and (iv) not to copy or reverse engineer, or attempt to derive the composition or underlying information of any such Proprietary Information.

b. The Receiving Party further agrees to limit the use of and access to the Disclosing Party's Proprietary Information to the Receiving Party's employees who need to know such Proprietary Information for said purposes and shall cause such employees to comply with the obligations set forth herein.+

c. The Disclosing Party agrees that the foregoing obligations shall not apply with respect to information that (i) was in the possession of the Receiving Party or known by it prior to receipt from the Disclosing Party, or (ii) was rightfully disclosed to the Receiving Party by another person without restriction, or (iii) was independently developed by the Receiving Party without access to such Proprietary Information, or (iv) is required to be disclosed pursuant to any statutory or regulatory authority or court order, provided the Receiving Party has given the Disclosing Party prompt notice of such requirement and the opportunity to contest it.

d. During the term of this Agreement and for 3 years thereafter, neither party shall attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by Disclosing Party to Receiving Party for the purpose of circumventing, the result of which shall be to prevent the Disclosing Party from realizing or recognizing a profit, fees or otherwise, without the specific written approval of the Disclosing Party. If such circumvention shall occur the Disclosing Party shall be entitled to any commissions due pursuant to this Agreement or relating to such transaction.

e. Immediately upon a request by the Disclosing Party at any time, the Receiving Party will turn over to the Disclosing Party all Proprietary Information of the Disclosing Party and all documents or media containing any such Proprietary Information and all copies or extracts thereof and will promptly and permanently delete any Proprietary Information which is electronically or optically recorded or stored.

f. The Receiving Party acknowledges and agrees that due to the unique nature of the Disclosing Party's Proprietary Information, there can be no adequate remedy at law for any breach of its obligation hereunder, that any such breach may allow the Receiving Party or third parties to unfairly compete with the Disclosing Party resulting in irreparable harm to the Disclosing Party, and therefore, that upon any such breach or any threat thereof, the Disclosing Party shall be entitled to seek appropriate equitable relief in addition to whatever remedies it might have at law. The Receiving Party will notify the Disclosing Party in writing immediately upon the occurrence of any such unauthorized release or other breach. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, the remaining portions hereof shall remain in full force and effect.

g. Neither party acquires any intellectual property rights under this Agreement or any disclosure hereunder, except the limited right to use such Proprietary Information in accordance with this Agreement.

h. NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.

i. This Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof. No waiver or modification of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of such party, and no failure or delay in enforcing any right will be deemed a waiver. The obligations of non-use and non-disclosure shall survive indefinitely. This Agreement shall be governed by the laws of the State of California and may be enforced in any court in California.

j. This Mutual Non-Disclosure Agreement shall be a binding agreement between BCL and the Client
18. Miscellaneous
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Chargeback and Payment Security Waiver” “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Mutual Non-Disclosure Agreement,” and “Miscellaneous.”

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.