Beautyrest Terms & Conditions
Current policy effective as of Oct 1, 2019
Beautyrest Terms & Conditions
Current policy effective as of Oct 1, 2019
By using the Sites, you are indicating to us that you agree to these Terms as they are written here and to abide by all applicable laws, rules and regulations. If you do not agree to these Terms, please leave and do not use the Sites. If you have any questions about the Terms, please contact us at email@example.com.
The Sites allow you to learn about and to purchase Beautyrest mattresses and other products (collectively, “Products”).
We may change, suspend, or discontinue any aspect of the Sites at any time, including hours of operation or availability of the Sites or of any Product or feature, without notice or liability.
We may offer Products through other authorized distribution channels, such as other sellers and websites; if so, the terms, conditions, and policies applicable to those other sellers and websites may apply, and those may be different than these Terms.
Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against Beautyrest on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
II. Electronic Communications
By visiting the Sites and/or communicating with us by email or by chat via the Sites, you are communicating with us electronically and agreeing that we may communicate with you electronically (including by email, chat on the Sites, notices posted to the Sites, and possibly other means as well). You agree that all such electronic communications (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.” We may also communicate with you via telephone; please let us know if you do not want us to contact you that way.
III. You Must Be Age 13 or Over to Use the Sites and Age 18 or Over to Buy a Beautyrest Product
You may not use the Sites unless you are 13 or over. You may not purchase a Product unless you are 18 or over.
If you purchase a Product via the Sites on behalf of another person or organization, then by doing that you represent and warrant to us that you have the right and authority to do so and to bind that other person or organization to these Terms.
IV. Content & Intellectual Property
You may not copy or use any of the Content and Intellectual Property of or on the Sites without our prior written authorization. Content means all of the visual, audio-visual, audio, and written information displayed on the Sites, including all graphics, photographs, drawings, designs, iconography, animation, videos, music, sound, and writing (collectively, “Content”). All Content on the Sites is the property of Beautyrest and/or third parties with whom Beautyrest has a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.
The source code and compilation of this Sites are likewise the exclusive property of Beautyrest and protected by applicable intellectual property laws. You are not authorized to use such source code for any purpose other than the ordinary use of the Sites.
Beautyrest® and all other Beautyrest trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Sites and/or Beautyrest Products (collectively the “Beautyrest Marks”) are the exclusive property of Beautyrest and are protected by applicable intellectual property laws. The distinctive and original layout and presentation of the Sites constitute protectable trade dress under applicable federal law. In some cases, we may display Marks that are owed by third parties with whom we have a relationship, such as Sleeptracker®, which is a registered trademark owned by Fullpower Technologies, Inc. and used under license. You may not display or use the Beautyrest Marks (or Marks of third parties displayed on the Sites) without our prior written authorization (or prior authorization from the applicable third party).
If you are a member of the press, you may use the Content included on our Press page without our prior written authorization, but only for legitimate, accurate, non-commercial reporting purposes that are not likely to cause confusion as to the source, sponsorship and/or affiliation of Beautyrest or Beautyrest’s Products.
Please contact us at firstname.lastname@example.org if you have questions about our Content or intellectual property, including whether we are willing to authorize your use of the same.
The provisions of this section are for the benefit of Beautyrest, its subsidiaries, affiliated companies and its third party providers, contractors, licensees, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The feature of our purchase process that auto-populates addresses when you begin typing them into our order form implements functionalities that are enabled by Google Maps APIs. By using those features of functionalities, you are bound by Google’s Terms of Service with respect to those features or functionalities. Google’s Terms of Service can be found here.
VI. Limited License and Access to Sites
You are allowed to use the Sites only for your lawful personal use (or personal use on behalf of a third party). You may not use the Sites to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
- Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed.
- Resell any Beautyrest Products or display or describe Beautyrest Products for commercial or competitive purposes, or in a false, misleading, or disparaging light.
- Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.
- Make commercial use of any Content or any Product available on the Sites.
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Sites.
- Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Content of, or source code / HTML code underlying, the Sites.
- Collect any information about users of the Sites.
- Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Sites;
- Impersonate another person, or misrepresent your affiliation, with a person or entity;
- Post advertising or marketing links or content;
- Access the Sites from anywhere in the world where it is unlawful for you to do so.
- Restrict or inhibit use of the Sites by others;
- Upload or otherwise transmit files that contain a virus or corrupted data;
- Download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Sites, or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Sites);
- Use the Sites to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to purchase products competitive with the Products;
- Engage in any other conduct that in Beautyrest’s discretion restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by Beautyrest, may harm Beautyrest or users of the Sites or expose them to liability;
- Impersonate another person;
- If you request that an email be sent to another person, you have the consent of the other person to allow us to use the person’s name and email for this purpose;
- If you request that a shipment be sent to another person, you have the consent of the other person to allow us to use of person’s shipping information for this purpose.
Further, you agree that you will not (i) use any robot, spider or other automatic device, process or means to access the Sites, (ii) use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without the prior written consent of Beautyrest, (iii) use any device, software or routine that interferes with the proper working of the Sites, (iv) attempt to interfere with the proper working of the Sites, (v) take any action that imposes an unreasonable or disproportionately large load on Beautyrest's infrastructure, or (vi) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
VII. Truthful Communications
You promise that all of the information that you provide to Beautyrest when communicating with us via the Sites and/or otherwise, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Sites, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible.
VIII. Purchasing Products
We will display on the Sites the current prices for all Products available for purchase via the Sites. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order. For example, certain jurisdictions require us to charge and remit separate fees to support those jurisdictions’ mattress recycling efforts.
We do not charge for standard shipping within the contiguous United States.
The Sites currently use one or more third parties to process payments that you authorize in connection with purchasing Products. We will inform you of the methods of payment that our third party payment processors permit while you are placing your order. The Sites also offer you the opportunity to seek financing for the purchase of Products. If you choose this option, you may be connected directly to a financing company to complete the transaction. The terms of the financing transaction will be between you and the financing company, and Beautyrest is not a party to that transaction.
Beautyrest reserves the right to decline or cancel orders at any time. Notification is via email to the email address you provided when submitting your order. We assume no responsibilities for issues resulting from such declines, cancellations, or email notification failure. Order costs will be charged to your payment method upon acceptance.
All amounts listed and monetary transactions on and via the Sites are in U.S. dollars.
IX. 100-Night Trial, Warranty, and Other Refunds / Returns
Please refer to our 100-Night Trial Policy and Limited Warranty to learn about the terms that apply to those Beautyrest offerings. The 100-Night Trial Policy and Limited Warranty are each part of these Terms.
For questions about potential refunds or returns not covered by the 100-Night Trial Policy and Limited Warranty, please contact email@example.com.
Generally, standard shipping is free for customers in the contiguous United States. You may cancel an order any time prior to shipment.
X. Old Mattresses
If you purchase a mattress from Beautyrest, you have the option of asking us to help you coordinate the removal of your old mattress. Please contact firstname.lastname@example.org if you wish to take advantage of this option. In most cases, this will require the involvement of a third party service provider. If you live in California, we will cover the cost of such removal from the California address at which your Beautyrest mattress is delivered.
From time to time, we may offer special purchase terms on a very limited basis to persons, groups, or organizations with which we have a special business or philanthropic relationship. Any such special purchase terms may be subject to rules, terms, and conditions that are different from or in addition to these Terms.
XII. Content You Submit to Beautyrest
From time to time, Beautyrest may allow you to submit or post reviews, comments, photos, videos, or similar content or materials on the Sites (collectively, “Postings”). We welcome your Postings as long as they are appropriate. Postings may not harass, libel, defame, slander, threaten, or otherwise violate the legal rights of any other person or organization and may not be obscene, pornographic, defamatory, profane, or otherwise unlawful or indecent.
We reserve sole and complete discretion over whether to allow or display, and how to use, all Postings. By submitting a Posting to us (via the Sites or otherwise), you grant Beautyrest a perpetual, worldwide, unlimited, fully assignable and sublicensable through multiple layers, royalty-free and fully-paid-up right and license to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform, create derivative works based upon, and otherwise use and exploit for any purpose (collectively, “Use”) such Posting through any means, media or method now or not yet in existence. The foregoing right and license includes a royalty-free license to Use the name, image, photograph and/or likeness of any person depicted in or identifiable from any Posting through any means, media or method now or not yet in existence. By submitting a Posting to use, you also grant any other user of the Sites the right to access, display, view, store and reproduce the Posting for that user's personal use and any other use consistent with the use for which it was intended.
You waive any and all rights under copyright law, right of publicity law, privacy law, and other legal rights (in addition to any “moral rights” that you may have in your Posting). Further, by submitting a Posting to Beautyrest (via the Sites or otherwise), you promise and agree to the following things:
- You possess all legal rights, authorizations, and/consents or releases necessary to grant to Beautyrest the foregoing rights in your Posting.
- Your Posting does not infringe, misappropriate, or violate any legal rights of any other person or organization party or entity.
- All information you submit is current, complete, truthful and accurate, and you will maintain and promptly update such information as necessary, so that it remains current, complete, truthful and accurate.
- You waive your rights to attribution, integrity, or any other moral right in the content in connection with its use by Beautyrest;
- You agree to allow use of your name, user name (if applicable), city and state in publicity or advertising without compensation;
- You understand and agree that Beautyrest shall have no obligation to copy, publish, display or otherwise exploit the Posting, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the Posting by others.
- You are solely responsible for the Posting.
- You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from the Posting.
Beautyrest has no obligation to monitor the Sites or Postings to the Sites. However, we reserve the right to maintain full control over all aspects of the Sites, including all Postings, and we may refuse to post, remove, delete, redact, or otherwise modify any Posting at any time, for any reason, with or without notice or further obligation to you. Beautyrest may choose not to publish all or any of the Posting at its sole discretion, and such choices cannot be disputed. If you do not agree with these terms, please do not submit a Posting.
Beautyrest does not promise or guarantee that the content of any Posting will be truthful, accurate, or reliable.
XIII. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides procedures for copyright owners to follow if they believe in good faith that material appearing on the Internet infringes their rights under U.S. copyright law. If you have such a good faith belief with respect to any content posted on the Sites, you or your agent should contact Beautyrest in a writing clearly identified as a “Notification of Claimed Infringement.” That writing should describe the alleged infringement and request that the allegedly infringing content be removed (or that access to it be blocked). A “Notice of Claimed Infringement” must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Beautyrest to locate the material on the Sites;
- Your name, address, telephone number, and e-mail address (to the extent available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been improperly filed against you, the DMCA permits you to send Beautyrest a counter-notice describing why you have that belief.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices with respect to the Sites should be sent to email@example.com. We recommend that you obtain professional legal advice before filing a notice or counter-notice under the DMCA. The DMCA imposes penalties for false claims made under it.
Beautyrest and its affiliated companies and its and their respective directors, employees, officers, agents, third party content providers licensors, and advisors (collectively “Covered Parties”) are not responsible for any dispute or disagreement between you and any other person or entity with whom you may communicate or interact via or while using the Sites. You assume all risk associated with dealing with such third parties. You release and shall hold harmless the Covered Parties from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dispute or disagreement. You also promise not to involve the Covered Parties in such dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SITES IS AT YOUR SOLE RISK, AND THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND (B) EXCEPT FOR OUR EXPRESS LIMITED WARRANTY, BEAUTYREST AND ITS AFFILIATED COMPANIES AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS LICENSORS, AND ADVISORS (COLLECTIVELY “COVERED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE SITES (AND PRODUCTS OR SERVICES AVAILABLE VIA THE SITES), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SITES.
THE COVERED PARTIES MAKE NONE OF THE FOLLOWING WARRANTIES, EACH OF WHICH THE COVERED PARTIES EXPRESSLY DISCLAIM:
- THE SITES WILL MEET YOUR EXPECTATIONS OR NEEDS
- THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE NATURE, QUALITY, OR QUALITIES OF ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE SITES WILL MEET YOUR EXPECTATIONS OR NEEDS
YOU ASSUME THE FULL RESPONSIBILITY AND RISK FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER CONSEQUENCES THAT RESULT FROM YOUR DOWNLOADING ANY INFORMATION, SOFTWARE, OR OTHER MATERIALS THROUGH THE SITES. THE COVERED PARTIES SHALL HAVE NO LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER, INCLUDING LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOADING ANY SUCH MATERIALS.
XV. Limitation on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COVERED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF THE FOLLOWING:
- YOUR USE, OR INABILITY TO USE, THE SITES
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITES
- UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA OR INFORMATION THAT YOU PROVIDE TO US VIA THE SITES OR OTHERWISE
- STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OR INVOLVING THE SITES
- YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR THIRD PARTIES ON OR VIA THE SITES
- ANY OTHER CIRCUMSTANCES ARISING OUT OF OR RELATING TO THE SITES
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COVERED PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES OVER WHICH THEY HAVE NO CONTROL
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION AND SECTION XIV MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COVERED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITES OR YOUR USE OF BEAUTYREST CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE PRICE THAT YOU PAID FOR ANY PRODUCT(S) PURCHASED VIA THE SITES OR $50, WHICHEVER IS GREATER.
NOTE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO NEW JERSEY RESIDENTS.
XVI. Dispute Resolution; Choice of Law; Mandatory Arbitration
We hope and expect that we will never have a dispute with you. However, if a dispute, claim, or controversy arises out of or relating to these Terms (including an alleged breach or the termination, enforcement, interpretation, or validity thereof), the Sites, or your purchase of Products or use of any service available via the Sites, the following rules and procedures shall apply.
A. Informal Dispute Resolution. You and Beautyrest each agree that you will try in good faith to resolve such Dispute informally. If you wish to initiate this informal process, you should send a notice clearly marked “Notice of Dispute,” and containing a brief written statement setting forth your name, address, and contact information, the facts giving rise to your Dispute, and the relief you are seeking. You must send any such notice to Beautyrest at firstname.lastname@example.org. We will contact you via email at the address specified in any such notice or the physical address we have on file relating to any Product order you placed with us. You and Beautyrest agree to use reasonable, good faith efforts to settle any Dispute through consultation, communication, and negotiations within thirty (30) days of your submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Beautyrest may resort to the procedures described in the remainder of this section. If we have a Dispute with you, we will follow the same process, except that we will initiate the process by sending the “Notice of Dispute” to you via email at the address specified in any such notice or the physical address we have on file relating to any Product order you placed with us.
B. Mandatory Arbitration. In the event that you and Beautyrest are unable to resolve a Dispute through informal discussions within thirty (30) days of the “Notice of Dispute” (as described above), you and we agree to resolve such Dispute through final and binding arbitration, except as set forth under “Exceptions” below, and unless you have opted-out of this agreement to arbitration by following the procedure described below.
Opt-out of Agreement to Arbitrate
You can decline this agreement to arbitrate within thirty (30) days of your first use of the Sites or the date on which you purchased a Beautyrest Product (whichever is later) by contacting email@example.com in a writing (including via email) clearly marked “Opt-out of Agreement to Arbitrate” that states that you decline this arbitration agreement.
If you do not opt out, you and Beautyrest each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to your use of the Sites under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be held in the United States county where you live or work, or in Phoenix, Arizona, unless you and Beautyrest otherwise agree in writing. You may not, and you promise not to, initiate any legal action or proceeding against Beautyrest (including its employees, officers, agents, and advisors) in any other forum or location.
Beautyrest will pay all filing and arbitration fees for claims of less than $75,000 unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose. You are responsible for any other costs that you may incur in connection with the arbitration, including but not limited to attorney's fees and expert witness costs, unless Beautyrest is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules shall govern payment of filing fees and arbitration fees. You and Beautyrest agree not to seek attorneys' fees and costs in arbitration, unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose.
You agree that you may resolve any Dispute with us only on an individual basis, and that you may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. Further, unless you and Beautyrest otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class, consolidated or representative proceeding. You therefore acknowledge and understand that each of the following restrictions applies to any Dispute you have with Beautyrest (including its employees, officers, agents, and advisors) arising out of or relating to your use of the Sites, purchase of any Products, or these Terms:
- YOU AND BEAUTYREST ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL
- YOU ARE GIVING UP YOUR RIGHT TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE
If any court or arbitrator determines that the class, consolidated, or representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration may proceed on a class, consolidated, or representative basis, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in a federal or state court of competent jurisdiction in Phoenix, Arizona (Maricopa County). You and Beautyrest each irrevocably consent to exclusive venue and personal jurisdiction there and waive all objections to venue or personal jurisdiction there (except for objections based on failure of service of process). You and Beautyrest also each agree to waive the right to a jury trial in these circumstances.
C. Exceptions. Either you or Beautyrest may bring a lawsuit for injunctive relief to prevent and/or to stop (1) unauthorized use or abuse of the Sites, (2) defamation, libel, or other false or misleading statements, or (3) any actual or threatened intellectual property infringement or unfair competition without first engaging in the informal dispute resolution and arbitration processes described above.
D. Choice of Law. These Terms and the relationship between you and Beautyrest shall in all cases be governed by the laws of the State of Arizona without reference or recourse to its choice of law or conflicts of laws principles.
XVII. Your Feedback
We welcome your comments, suggestions, and ideas about the Sites, but we have no obligation to review, agree with, or implement them. In addition, please understand that we retain sole and complete discretion to use, disclose, disseminate, publish, and publicly display anything you send us (including your ideas, suggestions, inventions, secrets, or content) without paying or otherwise compensating you or anyone else. If you do not wish to grant us those rights, please do not send us anything without first contacting and discussing the matter with firstname.lastname@example.org.
XVIII. Our Right to Terminate Your Access to the Sites
Although we highly doubt that we will ever have any reason to do so, we reserve the right, in our sole and complete discretion, to terminate your access and ability to use the Sites without notice or attendant liability. Upon termination, these Terms will still apply.
XIX. Our Right to Change or Update these Terms
We may review these Terms periodically to ensure that they comply with applicable law and remain consistent with our Products and operations. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to you. We intend to change the “Current Policy effective as of ___” date at the top of these Terms each time we revise these Terms, but please contact email@example.com if you have questions about whether we have changed or updated any of the Terms or about which version of the Terms applies to you. You may wish review these Terms regularly to ensure that you are aware of any changes or updates. Any use of the Sites by you after such notice shall be deemed to be your acceptance of the Changes.
Our failure partially or fully to exercise any of our rights, or our waiver of any violation of these Terms, shall not prevent our later exercise of such right and shall not constitute or indicate our waiver of any subsequent breach. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any part or section of these Terms is determined to be invalid, void, or unenforceable for any reason, only that part or section will be severed. Such severing shall not affect the continuing validity and enforceability of the remaining parts or sections.
XXII. Entire Agreement
XXIII. White Glove Delivery
For White Glove Delivery (in-home setup and mattress removal), a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, Beautyrest reserves the right to leave the package with a secure receiving authority (e.g., doorman, concierge, or building package center). All mattresses removed using Beautyrest's White Glove Delivery must be in sanitary condition. White Glove Delivery fees are final and will not be refunded in the event you return any of the Products.
Through the Sites, you may be able to access links to other websites that are not controlled by us. These links are provided solely as a convenience to you and not as an endorsement by Beautyrest of the contents on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Beautyrest is not responsible for the content on those other websites.
You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Sites and all charges related thereto.
You agree to defend, indemnify and hold harmless the Covered Parties from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out of, relating to, or in connection with (a) your use of the Sites, (b) any content or materials that you submit or upload to or through the Sites, (c) your unauthorized use of the Sites or content or material obtained through the Sites, (d) any violation of any law or regulation by you, and (e) your breach of the Terms. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this section may not apply to you.
XXVII. Export Control.
Software and other materials from the Sites may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Tomorrow does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.
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