CURRICULUM HUB TERMS OF SERVICE
Scope. These terms and conditions apply specifically to your use of the Slumberkins Educator Curriculum Hub (the “Service”). These terms and conditions are in addition to the terms of service that govern your use of Slumberkins’ website, https://slumberkins.com/, generally (the “ToS”), and Slumberkins’ Privacy Policy. If there is a conflict between these terms and conditions and the ToS, these terms and conditions will govern and control, but only with respect to your use of the Service.
Usage Rights. During period of time for which you have purchased the right to access and/or use the Service from Slumberkins, Slumberkins hereby grants you a limited, revocable, nonexclusive, nonsublicensable, nontransferrable right and license to access and use the products, resources, and materials provided by Slumberkins via the Service (collectively, the “Materials”), in each case, subject to the following conditions and restrictions:
(i) The Materials may be used for non-commercial purposes only, either for your personal use, or if you are using the Materials in an educational setting, for educational use.
(ii) Except as expressly permitted herein, the license rights granted herein do not include the right to copy, print or download the Materials apart from the Service.
(iii) The license rights granted to you include the right to make printouts and/or copies of the Materials, but only as follows: (a) you may download the Materials as necessary for you to view the Materials for your permitted use; and (b) you may save a copy of the Materials as necessary for your permitted use. Any copies of the Materials shall retain Slumberkins’ and/or its licensors’ copyright and/or other proprietary notices, in addition to any and all disclaimers and/or limitations included in the Materials. You may not modify any printouts and/or copies of the Materials.
(iv) Except as expressly authorized by Slumberkins, you may not reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of the Materials (except to the extent permitted by applicable laws), and you may not transfer or distribute the Materials in any form, for any purpose.
(v) You may not use the Materials to create products or perform services which compete with or interfere with those of Slumberkins and/or its licensors.
Accessing the Service. You are responsible for: (i) making all arrangements necessary for you to have access to the Service, including without limitation, your Internet connection; and (ii) ensuring that all persons who access the Service through your Internet connection are aware of these terms and conditions and comply with them. You are responsible for all use of the Service and/or the Materials by any third party using your user account and/or password.
Service Availability. You may use the Service when and as available. Although Slumberkins generally intends for the Service to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). Slumberkins further reserves the right to change, modify, eliminate and/or restrict or block access to all or any part of the Service, including any features or content displayed or made available through the Service, from time to time with or without notice to you, in Slumberkins’ discretion. Slumberkins will not be liable to you if for any reason all or any part of the Service is unavailable at any time for any period.
Intellectual Property Rights. The Service and the Materials are owned by Slumberkins, its licensors, or other providers, and the Materials are protected by United States and international copyright, patent, trade secret, and other intellectual property or proprietary rights laws. Except as expressly set forth herein, no right, title or interest in or to the Service or the Materials is transferred to you, and all rights not expressly granted to you are reserved by Slumberkins. Any use of the Service or the Materials other than as authorized herein may result in the immediate suspension or termination of your usage rights.
Systems Data. You acknowledge and agree that all Systems Data is and shall remain the sole and exclusive property of Slumberkins. For purposes of clarity, Slumberkins may make any legal use of the Systems Data without notifying you or sharing such Systems Data with you. Specifically, by way of illustration and not by way of limitation, Slumberkins may use, publish and/or share Systems Data with others for any lawful purpose, including without limitation, to promote the Service and/or Slumberkins’ products or services, for evaluating the efficiency, utility and functionality of the Service and/or Slumberkins’ other products or services, and for enhancing and improving the Service and/or Slumberkins’ other products or services. “Systems Data” means all data, content and information regarding your use of the Service in the nature of de-identified or aggregate systems administrative data, statistical and demographical data, operational information, and data generated by or characterizing the use of the Service.
No Reliance. Slumberkins makes no representation or warranty that the Materials or any information therein is accurate, reliable, up-to-date, sufficient, or complete. The Materials are provided for informational purposes only. If you are using the Materials for educational purposes, Slumberkins does not warrant or guaranty that the Materials meet or comply with any educational requirements, certifications, or standards.
Third Party Materials. The Service may display or make available, and the Materials may include, third party content or provide links to third party websites or services (collectively, "Third Party Materials"). You acknowledge and agree that except where Slumberkins expressly states otherwise, Slumberkins is not responsible for the Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Slumberkins does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.
No Warranties. YOU AGREE THAT THE SERVICE AND THE MATERIALS ARE PROVIDED BY SLUMBERKINS “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. SLUMBERKINS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL SUCH REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, ACCURACY, COMPLETENESS, PRIVACY OR SECURITY AND ANY IMPLIED WARRANTIES CREATED BY TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SLUMBERKINS FURTHER DISCLAIMS ALL DUTIES TO YOU, IF ANY SUCH DUTIES EXIST, INCLUDING BUT NOT LIMITED TO GOOD FAITH AND FAIR DEALING, REASONABLE CARE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. IF A DUTY CANNOT BE DISCLAIMED, YOU AGREE THAT THE STANDARD USED TO MEASURE SLUMBERKINS’ PERFORMANCE OF THAT DUTY WILL BE INTENTIONAL MISCONDUCT. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY ASPECT OF THE SERVICE OR THE MATERIALS OR AGAINST INFRINGEMENT. YOU EXPRESSLY WAIVE ALL DUTIES, CONDITIONS AND ALL WARRANTIES THAT MIGHT EXIST BUT FOR THIS SECTION. ALL RISK IN CONNECTION WITH THE USE OF THE SERVICE AND/OR ANY MATERIALS IS WITH YOU.
Limitation of Liability.
(i) TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER SLUMBERKINS NOR ANY OF ITS EXISTING OR FUTURE AFFILIATES, SUPPLIERS OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, FOR LOSS OR IMPAIRMENT OF PRIVACY, SECURITY OR DATA, FOR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE), OR FOR ANY OTHER SIMILAR DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SERVICE OR THE MATERIALS, EVEN IF SLUMBERKINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.
(ii) IF FOR ANY REASON SLUMBERKINS IS FOUND LIABLE HEREUNDER, SLUMBERKINS’ TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: (i) THE FEES YOU HAVE PAID TO SLUMBERKINS IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OF ACTION GIVING RISE TO LIABILITY; OR (ii) $100 USD. YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. THE DAMAGE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Termination. Unless earlier terminated as set forth herein, you may access and/or use the Service and/or the Materials for the period of time for which you have purchased such rights from Slumberkins. Your usage rights may be terminated as follows:
(i) If you no longer wish to access or use the Materials, you may terminate your usage rights by emailing hello@slumberkins.com.
(ii) If, for any reason, Slumberkins believes that you have not complied with these terms and conditions, Slumberkins may, in its sole discretion, immediately and without notice to you, suspend your right to access and use the Service and/or the Materials and/or terminate your usage rights.
No Assignment. The usage rights you have purchased to use the Service are personal to you. You must not transfer, subcontract, delegate or assign your usage rights to any other company or person.
Amendments. Slumberkins may revise and update these terms and conditions from time to time in its sole discretion. All changes are effective immediately when Slumberkins posts them, and apply to all access to and use of the Service and the Materials thereafter. Your continued use of the Service and the Materials following the posting of the revised terms and conditions means that you accept and agree to the changes.
Updated April 2022
What is Flex and what is their relationship with Slumberkins?
Slumberkins has partnered with Flex to allow you to use your Health Savings Account (HSA) or Flexible Spending Account (FSA). This means you can now use your HSA or FSA debit card to buy Slumberkins with pre-tax dollars, resulting in net savings of 30-40%, depending on your tax bracket.
How do I pay with my HSA or FSA card?
To use your HSA or FSA debit card, add products to your cart as usual. At checkout, select “Flex | Pay with HSA/FSA” as your payment option, enter your HSA or FSA debit card, and complete your checkout as usual. If you don’t see “Flex | Pay with HSA/FSA,” you may be in Shop Pay. Select “checkout as guest” to view more payment options.
What if I don't have my HSA/FSA card available?
If you don’t have your HSA or FSA card handy, still select “Flex | Pay with HSA/FSA” as your payment method. Enter your credit card information and log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download an itemized receipt to submit for reimbursement.
Why can't I see Flex as a payment method?
The key here is to make sure you are logged out of ShopPay. One of the easiest ways to do this is to go through checkout in an incognito window.
Why is my HSA/FSA card being declined?
HSA/FSA cards are debit cards, and the most common reason for declines is insufficient funds. Reach out to your HSA/FSA administrator to confirm your balance.
I submitted my Flex itemized receipt for reimbursement and my FSA requires more information.
Please forward us the request from your FSA, and we will work with the Flex team to issue you a new receipt.
Help! I didn't receive an email from Flex with my itemized receipt and/or letter of medical necessity. What should I do?
Please log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download all the documents needed for the product you purchased. If you still need help, please email support@withflex.com and let them know the email address associated with your order.
I would like to use multiple HSA/FSA cards to pay for an item. Can I do that?
No, unfortunately, this isn’t a supported feature right now. If there are insufficient funds in a single HSA or FSA account, you can instead enter a credit card on the Flex checkout page. You can then log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download an itemized receipt and/or Letter of Medical Necessity, which you can submit for reimbursement.
My purchase receipt from Slumberkins has a different number than what my FSA was charged. How can we resolve it?
Thanks for reaching out, and apologies for the discrepancy. We’ll review the charges and get back to you with details of the likely refund shortly.
Is sales tax covered by HSA/FSA funds, or is it treated separately?
Sales tax for eligible items is also covered by HSA/FSA funds. If the customer has a split cart, the tax will be divided among the cards based on the items.
What is a Letter of Medical Necessity?
Some products require documentation from a licensed healthcare provider stating that the item is necessary to treat or manage a specific medical condition. If the product requires a Letter of Medical Necessity (LOMN), Flex facilitates a chat-based telehealth consultation that is reviewed by a licensed provider, and typically the Letter is provided within 2 hours.
Why do I need to provide Slumberkins with health information?
In order to qualify to use your HSA or FSA card for Slumberkins, the IRS requires you to have a Letter of Medical Necessity. Slumberkins has partnered with Flex to enable telehealth visits as part of our checkout. A licensed provider will review your consultation, and within 2 hours of your purchase, you can log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download your Letter of Medical Necessity and itemized receipt.
Do I need to do anything with my Letter of Medical Necessity?
You should keep it on file for at least three years in the event of an IRS audit of your HSA or FSA account. Occasionally, FSAs may ask for the Letter to confirm the eligibility of your purchase.
Help! I mistakenly entered my name and/or date of birth and need to get an updated letter. Who can I reach out to?
Please email support@withflex.com and they will reach out to their telehealth team to reprocess and send your corrected Letter of Medical Necessity.
The date on my Letter of Medical Necessity is one day different from my receipt.
Thanks for letting us know! This may be a time zone issue. We’ll reach out to our partners at Flex to see if they can reissue the Letter with an updated date.
My FSA says I need [a product name, NPI number, other info] added to my Letter for approval.
Generally, we’re not able to accommodate one-off requests, but we will reach out to our partners at Flex and see if we can accommodate your request.
Help! I did not receive an itemized receipt and/or Letter of Medical Necessity from Flex. What should I do?
Please log in to the consumer portal at withflex.com/portal using the same email you used at checkout to download all the documents needed for the product you purchased. If you still need help, please email support@withflex.com and let them know the email address associated with your order.
My HSA/FSA claim was denied. What should I do?
We strongly recommend checking with your HSA/FSA provider to see if a purchase is eligible prior to completing the purchase. However, if you believe your claim has been wrongly denied, please send over any response from your HSA/FSA provider to us so we can share it with Flex and receive guidance on the next best steps to take. Please note that employer-sponsored FSAs can determine what products are eligible beyond the IRS’s guidelines, so it’s extremely important to check prior to purchase.
Can a customer purchase a product now and apply for FSA reimbursement in the next calendar year?
The ability to apply for FSA reimbursement in a future calendar year depends on the policy of the specific FSA provider. Most FSA administrators require that the purchase be made during the time of coverage. For example, if the FSA coverage is for 2025, all purchases typically need to be made and/or submitted for reimbursement within that coverage period. However, some administrators may have more flexible rules regarding the timing of when the expense occurred. We recommend that customers review their plan policy to confirm the details.
Note: Health Savings Accounts (HSAs) are different and generally allow for reimbursement at any time, even in future years.
Can old (non-Flex) customers use their order confirmation email to apply for HSA/FSA reimbursement?
Unfortunately, for purchases made without using Flex in the checkout to receive an itemized receipt, it may be difficult to apply for reimbursement.
For Health Savings Accounts (HSAs), consumers can use an itemized receipt for reimbursement anytime after they have made the purchase, even if it is many years later.
For Flexible Spending Accounts (FSAs), most accounts require that the purchase was made in the calendar year during which the consumer had the FSA, as FSAs typically do not roll over. Some FSAs offer a buffer window, allowing customers additional time to submit receipts for expenses incurred during the previous calendar year.
How to file for HSA/FSA reimbursement?
Where do I submit an HSA/FSA reimbursement claim?
When should I expect to be reimbursed?
Reimbursement times vary but can take several weeks. For a specific timeline, contact your HSA or FSA administrator directly.
While checking out with HSA/FSA eligible products, it says the state I live in is ineligible.
Certain states - Louisiana, New Mexico, and Mississippi, have local and state laws limiting telehealth services. Flex is unfortunately unable to provide Telehealth Consultations and Letters of Medical Necessity to customers in these states.
