PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Our Service
This is a contract between you and Sleep Country Living. You must read and agree to this Agreement before using our Service. If you do not agree to this Agreement, you may not use our Service. You may use our Service only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to our Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Our Service is not available to any Users we previously removed from our Service.
1.2 Access and Use
Subject to your compliance with the terms and conditions of this Agreement, you may access and use our Service solely for your personal, non-commercial use. We reserve all rights not expressly granted by this Agreement in and to our Service and our Intellectual Property (defined below). We may suspend or terminate your access to our Service at any time for any reason or no reason.
You will not, and you will not assist, permit or enable others to, do any of the following:
(a) use our Service for any purpose other than as expressly set forth in Section 1.2 above;
(b) disassemble, reverse engineer, decode or decompile any part of our Service;
(c) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record the Service;
(d) copy, rent, lease, sell, transfer, assign, sublicense, modify, alter, or create derivative works of any part of our Service or any of our Intellectual Property;
(e) remove any copyright notices or proprietary legends from our Service;
(f) use our Service in a manner that impacts: (i) the stability of our servers; (ii) the operation or performance of our Service or any other User’s use of our Service; or (iii) the behavior of other applications using our Service;
(g) use our Service in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in our sole discretion) to us, our providers, our suppliers or Users;
(h) use our Service in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
(i) use our Service for benchmarking or competitive analysis of our Service;
(j) attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Service;
(k) impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Service for any invasive or fraudulent purpose;
(l) share passwords or authentication credentials for our Service;
(m) bypass the measures we may use to prevent or restrict access to our Service or enforce limitations on use of our Service or the content therein, including without limitation features that prevent or restrict use or copying of any content;
(n) identify us or display any portion of our Service on any site or service that disparages us or our products or services, or infringes any of our intellectual property or other rights; or
(o) identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and us, other than your permitted use of our Service under this Agreement, without our express written consent.
1.4 User Accounts
To use certain parts of the Service, you may need to register for a user account (your “User Account”) which gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to our Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete profile information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your User Account. You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any losses caused by any unauthorized use of your User Account.
By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other promotional messages, such as changes to features of our Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting Sleep Country Living support at [email protected] or by clicking the unsubscribe link within each promotional message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers; however, opting out will not prevent you from receiving Service-related notices.
You acknowledge that you do not own the User Account you use to access our Service. Notwithstanding anything in this Agreement to the contrary, you agree that we have the absolute right to manage, regulate, control, modify and/or eliminate any data stored by us or on our behalf on our (including by our third party hosting providers’) servers as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right. All data on our servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
1.5 User Data
As part of our Service, we will collect data, content and information that you provide to us or that is collected by us or via the Service (“User Data”). You hereby grant to us, and represent and warrant that you have all rights necessary to grant to us, a perpetual, irrevocable, non-exclusive, sublicensable, transferable and royalty-free right and license to collect, use, reproduce, electronically distribute, sell, transmit, have transmitted, perform, display, store, archive, and to modify and make derivative works of any and all User Data in order to provide and maintain our Service for you and, solely in anonymous or aggregate form, to improve our products and services and for our other business purposes (and any and all such derived data is deemed part of our Intellectual Property). In connection with your User Data, you affirm, represent and warrant that: (a) you have the written consent of each and every identifiable natural person in the your User Data regarding such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (b) your User Data and our use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights. We take no responsibility and assume no liability for any of your User Data. You shall be solely responsible and indemnify us for your User Data.
1.6 Changes to our Service
We may, without prior notice, change our Service; stop providing our Service or features of our Service, to you or to Users generally; or create usage limits for our Service. We may permanently or temporarily terminate or suspend your access to our Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2. Our Intellectual Property
You acknowledge and agree that our Service and all materials and content displayed or made available on our Service or underlying or included in or with our Service, and all intellectual property rights therein throughout the world (collectively and individually, our “Intellectual Property”), are our (or our licensors’ as applicable) sole and exclusive property. Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property. Use of our Intellectual Property for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to submit, comments or ideas about our Service, including without limitation about how to improve our Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
3. White Glove Service
We may offer white glove delivery of some of our larger furniture products (“White Glove Services”). In order to provide you White Glove Services, an adult over the age of 18 years must be present at the delivery address at the scheduled time. If no adult is present at the time of delivery, we reserve the right to leave the package with a secure authority or at a secure location, in our sole discretion. We reserve the right to decline to remove any mattresses from your address at our sole discretion. All fees for White Glove Services are non-refundable after we ship the products to the White Glove Service provider and will not be refunded in the event you return any Products.
4. Offer Codes; Referral Program
4.1 Offer Codes
From time to time, we may offer qualified consumers offer codes (“Offer Codes”) through various communications and advertising channels that are redeemable towards a purchase on the Site, while supplies last, and subject to certain product exclusions or any other restrictions as determined and communicated by us in our sole discretion. Only valid Offer Codes provided by us and fulfilling the terms of such Offer Code will be honored at checkout. Offer Codes supplied by a third party unauthorized to provide such Offer Codes by us will not be considered valid. Each Offer Code is non-transferable and valid for single use on an item as provided in the terms and in our sole discretion. Offer Codes cannot be used towards taxes. The Offer Code must be provided in the applicable box at checkout when purchasing the product. We are not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of the Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the products are returned. Offer Codes may have expiration dates and we may decide to stop accepting any Offer Codes or stop any promotion at any time in our sole discretion. Offer Codes are void if copied, transferred, sold, exchanged or expired and where prohibited. Requests not complying with all terms and conditions of the Offer Codes will not be honored.
4.2 Brand Ambassadors
From time to time, we may also engage brand ambassadors, spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by us for their statements.
4.3 Referral Program
We offer brand advocates the opportunity to refer friends to participate in the Refer a Friend program. For the terms and conditions of the Refer a Friend program, which are incorporated by reference into this Agreement, please see https://www.sleepcountryliving.com/refer-a-friend/. Offer codes may not be used in conjunction with the Refer a Friend program.
5. Charges and Payment
5.1 Billing Policies
You agree to pay all applicable fees related to your purchases of Products as described on our Site. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your purchases. We may partner with third-party providers to offer financing of purchases on our Site. If you select to make a purchase using the financing option, your purchase will be subject to such third party’s terms and conditions, including, as required, completion of a credit check and approval. You acknowledge that the amount billed may vary due to changes in applicable fees, promotional offers and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.
5.2 Payment Information; Taxes
You must provide us with a current, valid, accepted payment method. You hereby authorize Idle (through our third-party payment providers) to bill the fees to your payment method, along with any applicable taxes or additional fees due during the billing period. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with our Service must be accurate, complete, and current.
5.3 Third-Party Payment Provider
We use Stripe as our third party service provider for payment services. By using our Service you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/legal.
6. Shipping and Returns
All products ordered will be delivered to the shipping address you provide. If we provide an expected shipping date, such date is an estimate and subject to change. We shall not be liable for any change in such expected shipping date. You will be notified via [email protected] if there is an issue that will delay your delivery beyond the expected delivery date. Your billing and shipping addresses may be different. We will arrange for packing and shipment of the Products to you; provided that we may charge you if you change your shipping address after ordering the Products. Scheduled shipping and delivery dates are estimates only and cannot be guaranteed. We will make commercially reasonable efforts to ship the Products to you by the scheduled delivery dates, but we are not liable, under any circumstances, for any losses, damages or penalties due to any delays in shipments or deliveries.
6.2 Returns and Refunds
Our return and refund policies for our Products, which are incorporated into this Agreement, are available at https://www.sleepcountryliving.com/returns/. Refunds will be issued in the form of the original payment. If you purchased a product using an Offer Code (as defined herein), the dollar value of the Offer Code will not be refunded or credited back if any or all products are returned.
Risk of loss and title for Products purchased from us pass to you upon delivery of such Products (by us or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
We care about the integrity and security of your personal information. We use physical, managerial, and technical safeguards in its sole discretion to preserve the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
9. Disclaimer of Third-Party Links and Products
You agree to defend, indemnify and hold harmless Idle and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Data including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of our Service with your unique username, password or other appropriate security code.
11. Limited Warranty
THE PRODUCTS ARE SUBJECT TO TERMS OF THE LIMITED WARRANTY AVAILABLE AT HTTPS://WWW.sleepcountryliving.COM/WARRANTY/ (THE “LIMITED WARRANTY”). THE LIMITED WARRANTY IS INCORPORATED BY REFERENCE INTO THIS AGREEMENT. TO THE EXTENT THERE IS A CONFLICT BETWEEN THE TERMS OF THE LIMITED WARRANTY AND THIS AGREEMENT, THE TERMS OF THE LIMITED WARRANTY SHALL GOVERN. IF YOU ARE DISSATISFIED OR BELIEVE THERE IS A DEFECT IN YOUR PRODUCT, PLEASE REVIEW THE LIMITED WARRANTY AND FOLLOW THE DIRECTIONS PROVIDED THEREIN.
12. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICES, SITE AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICES, SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Idle, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Idle, OR OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS, BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Idle HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
14.1 Governing Law
This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. For any dispute with Idle, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and we agree otherwise. If you are using our Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
14.3 Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15.2 Notification Procedures and Changes to the Agreement
15.3 Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with our Service, shall constitute the entire agreement between you and us concerning our Service. None of our employees or representatives are authorized to make any modification or addition to this Agreement. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us or your use of our Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
15.4 No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
The provider of our Service is Halo Bedding, LLC. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
We collect personal information you provide to us in a variety of ways. For example, you may provide us your personal information when you place an order, register for an account, make an online purchase, post a review, send us messages, subscribe to our mailing lists, newsletters, or other forms of marketing communications, participate in a survey, contest, or sweepstakes, redeem a promotion, or use some other feature of our Services.
We may link or combine your activities and information collected from you on our websites with information we have collected from you offline (e.g., in-store), information we receive from third parties, as well as information we collect automatically through tracking technologies (defined below). This allows us to provide you with a personalized experience regardless of how you interact with us.
The categories of information we collect may include:
Information You Provide
We collect the following personal information you provide in connection with our Services:
Contact and profile information. We collect personal information, such as your name, email address, phone number, and address, when you register for our Services; place an order for delivery; sign up for our mailing list; enter a contest or sweepstakes; redeem or participate in a promotion; purchase or redeem a gift card; or otherwise communicate or interact with us. We use this information to create, verify, and personalize your account, to fulfill your request or transaction, to communicate with you directly, and to send you marketing communications in accordance with your preferences.
Payment and transaction information. We collect information such as items purchased, date and time of your transaction, amount purchased, whether you used a particular coupon or deal, and payment information, such as your credit/debit card or gift card, when you make a purchase. We use this information to fulfill your order and complete your transaction, update your rewards, detect and prevent fraud, and to inform our advertising and marketing.
Contact, transaction and warranty information in stores. We may collect certain contact information (e.g., name, email address, mailing address, telephone number), transaction information and warranty information about the product from you when you visit a retail store transaction.
Comments, chat, and opinions. When you contact us directly (e.g., by email, phone, mail, by completing an online form, or participating in online chat), we collect and record your comments and opinions. We may also record comments and opinions you express when responding to surveys, entering a sweepstakes, or taking part in a promotion. We use this information to respond to your question or comment, to evaluate and improve our products and services, and to inform our marketing and advertising activities.
Information Automatically Collected When You Use Our Services
As is true of most digital platforms, we collect certain personal information automatically when you visit our online services, including:
Information about your device and its software. This may include your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser or your account (including, for example, a persistent device identifier or an Ad ID), and other similar information. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools that permit us to recognize and contact you across multiple devices.
Information you may post or submit to our Services. We may collect information about how you use and interact with our websites and Services, including any content you post to the Services.
Information about the way you access and use our Services. This may include, for example, the site from which you came and the site to which you are going when you leave our services, the pages you visit, the links you click, whether you open emails or click the links contained in emails, whether you access the services from multiple devices, and other actions you take on the services.
Analytics data. This may include the electronic path you take to our services, through our services, and when exiting our services, as well as your usage and activity on our services, such as the links and objects you view, click, or otherwise interact with (also known as “Clickstream Data”). We may collect analytics data or use third-party analytics tools such as Adobe Analytics and Google Analytics to help us measure traffic and usage trends for the services and to understand more about the demographics of our users. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners.
Information from Other Sources and Third Parties
We also obtain personal information from other sources, which we often combine with personal information we collect either automatically or directly from you. We receive the same categories of personal information as described above from the following sources and third parties:
Information provided by social networks. When you interact with our Services through various social media networks, such as when you “Like” us on Facebook or when you follow us or share our content on Facebook, Twitter, Snapchat, LinkedIn, Instagram, or other social networks, we may receive some information about you that you permit the social network to share with third parties. We use this information to complete your profile, to better understand the demographics of our customers, and to inform our advertising and marketing partners. The data we receive is dependent upon your privacy settings with the social network. You should always review and, if necessary, adjust your privacy settings on third-party websites and social media networks and services before linking or connecting them to our Services.
Information provided by others. From time to time, we may receive information about you from third parties and other users. For example we may obtain information from our marketing partners or from third parties to enhance or supplement our existing user information. We may also collect information about you that is publicly available. We may combine this information with the information we collect from you directly.
Information provided by Idle entities. We may receive information about you from other Idle companies and affiliates, so that information you provide to one affiliate may be used by us to provide you services, communicate with you, or provide you advertisements or other personalized content.
2. Our Use of Personal Information
We, and the third parties we work with, use personal information to:
To process your registration on our Services, including verifying your information to ensure its accuracy and validity.
To fulfill your requests (e.g., to allow you to place an order, have it delivered to you, or to provide you with information that you request).
To fulfill your purchases (e.g., to process credit card payments in connection with your transaction).
To personalize your experience and customize content on our Services relevant to your interests, including but not limited to targeted offers and ads through our website, email, social media channels, third-party sites, or on other devices you may use.
To operate, maintain, and provide to you the features and functionality of the products and Services.
To send you important information regarding the Services, such as certain changes to our terms, conditions, policies, and/or other administrative information. Because this information may be material to your use of the services, you may not opt out of receiving such communications.
To inform you of products, programs, services, and promotions that we believe may be of interest to you, including, without limitation, adding you to our email/mailing lists and permitting you to participate in sweepstakes, contests, and similar promotions (collectively, “Promotions”).
To evaluate your eligibility for certain types of Promotions, offers, products, or services that may be of interest to you.
To help maintain the safety, security, and integrity of our service, technology assets, and business.
For our internal business purposes, such as data analysis, customer research, audits, fraud prevention, developing new products and/or features, enhancing the Services, improving the Services, identifying usage trends, and determining the effectiveness of our promotional campaigns, including to inform our machine learning for purposes such as user engagement.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations and enforce our corporate reporting obligations and our Terms of Service, or to comply with applicable laws.
We may also use aggregated or de-identified personal information in a manner such that the end product does not uniquely identify you or any other user of the Services.
3. Our Disclosure of Personal Information
We disclose personal information in the following ways:
Within Idle: We share personal information with our parent companies, Idle Companies, LLC and Idle Group Asia, LLC (Vietnam), and with our corporate affiliates, who may similarly use your information in the manner described in this Policy.
Third parties at your request: You may choose to share your activities on the Services with your friends through email, text, or on various social media networks.
Promotional partners: We may share limited information with third parties with whom we partner to provide contests and sweepstakes, or other joint promotional activities. These partners will usually be clearly identified in the contest rules or promotional materials.
Select marketing and strategic business partners: We may share limited data with our preferred marketing and strategic business partners so that they can provide you with information and marketing messages about products or services that may interest you. These parties may use your information in accordance with their own privacy policies.
Online advertising partners: We share information with third-party online advertising partners or permit these partners to collect information from you directly on our Services to facilitate online advertising. To learn more, please visit our Cookie Notice.
The public: When you provide feedback or post user content on our Services (e.g., if you post a product review on our website or comment on one of our social media pages), your information (e.g., your first name, last initial and your comments) may be displayed on our websites and/or social media pages.
Service providers and advisors: We share personal information with third-party vendors and other service providers who perform services for us or on our behalf. This may include vendors and providers who engage in marketing or advertising activities or provide mailing or email services, tax and accounting services, product fulfillment, delivery services, payments processing, data enhancement services, fraud prevention, web hosting, or analytic services.
Purchasers and third parties in connection with a business transaction: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third party during negotiation of, in connection with, or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.
Law enforcement, regulators, and other parties for legal reasons: We may share personal information with third parties, as required by law or subpoena, or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the security or integrity of our Services; and/or (c) to exercise or protect the rights, property, or personal safety of our organization, our visitors, or others.
We may also share personal information that has been aggregated or de-identified in a manner such that the end product does not uniquely identify you.
4. Your Choices and Controls
Profile and settings: You may update your profile information by emailing us at [email protected]
How to control your email preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
Geolocation and device Information: You may control our access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the Services to access your address book, location, photo stream, and camera. You may also control precise location tracking by adjusting your location services settings on your mobile device. We may continue to approximate your location based on your IP address or through other means when you access the Services through a computer or mobile device.
Online advertising and tracking. Please see the Cookie Notice to learn more about how we work with third-party partners to collect data through tracking technologies for various purposes, including analytics and advertising, and to understand your choices.
5. Your State Privacy Rights
We may choose or be required by law to provide different or additional disclosures about our data privacy practices depending on your state or country of residence. Please review this section to understand how our practices or policies may differ in your jurisdiction:
California. If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. You may make one request each year by emailing us at [email protected] or writing to us at Sleep Country Living, 3609 Austin Bluffs, Pkwy Ste 31 – 1019 Colorado Springs, CO 80918-6658.
Nevada. Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To exercise your right to opt out of sales subject to the Nevada Revised Statutes please submit your request by emailing [email protected]
6. Children’s Personal Information
We do not knowingly collect or solicit any information from children under the age of 13 on the Services. In the event we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we may have collected information from a child under 13, please contact us using the contact information below.
7. Third-Party Websites and Services
9. Contact Us
Alternatively, inquiries may be addressed to:
Sleep Country Living
3609 Austin Bluffs Pkwy
Ste 31 – 1019
Colorado Springs, CO 80918-6658
Scope of Notice
What Are Cookies and Related Technologies
Cookies are small data files that are stored on your computer that allow us and our third-party partners and providers to collect certain information about your interactions with our email communications, websites and other online services. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).
What We Collect When Using Cookies
Third-party partners and providers may also collect personal information about your online activities over time and across different websites and devices when you use our websites and online services.
Third Party Data Collection & Interest-Based Advertising
We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third-party services, to collect information about your use of our online services over time so that they may play or display ads on our services, on other websites, or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through tracking technologies, such as cookies, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”), which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site, AdID, precise geolocation and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify you across websites and devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. We may also use services provided by third parties (such as social media platforms) to serve targeted ads to you and others on such platforms. We may do this by providing a hashed version of your email address or other information to the platform provider. See Your Choices About Online Ads below, to learn more about interest-based advertising.
Social Media Widgets and Advertising. Our services may include social media features, such as the Facebook Like button, Pinterest, Instagram, Twitter or other widgets. These social media companies may recognize you and collect information about your visit to our services, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
We display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, LinkedIn and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks. You may learn more about advertising preferences by clicking on the links provided below. Please note that these links are provided for your convenience only and we do not control the content or features that may be available on these third party services.
Facebook. To learn more about your advertising preferences on Facebook Companies, click here
Twitter. To learn more about privacy controls for personalized ads on Twitter, click here
LinkedIn. To learn more about advertising preferences on LinkedIn, click here
Third Party Partners. The following is a sample of the third-party service partners we work with to provide advertising services. We will strive to update this list if or when we work with new partners which offer you choices about the collection of your information, but as partners change and new technologies become available, this list is likely to change over time and may not always reflect our current partners.
Google Analytics and Advertising. We use Google Analytics to recognize you and link the devices you use when you visit our websites or services on your browser or mobile device, log in to your account on our services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our services and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/ . You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/ .
We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.
How We Use That Information
Your Choices About Cookies
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our online services, as some features and services on our online services may not work properly. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
Your Choices About Online Ads
Controlling Cookies and Tracking Technologies. Most browsers allow you to adjust your browser settings to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Blocking or deleting cookies may negatively impact your experience using the Service, as some features and services may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all tracking technologies. You may set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you viewed or engaged with our emails.
Updates to This Cookie Notice
We will update this Cookie Notice from time to time. When we make changes to this Cookie Notice, we will change the “Last Updated” date at the beginning of this Notice. If we make material changes to this Notice, we will notify you by prominent posting on our Services or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
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