You agree that your assent, given electronically, will have the same legal effect as if it had been personally signed by you. To the extent permitted by law, these Terms and Conditions are intended to supersede any provisions of applicable law that might otherwise limit their enforceability or effect because they were entered into electronically. Please print a copy of these Terms and Conditions for future reference. IF AT ANY TIME YOU DO NOT OR CANNOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD CEASE USING THE SITE. YOUR ACCESS TO AND USE OF THE SITE IS CONDITIONED ON YOUR ACCEPTANCE OF THESE SITE TERMS, AND YOUR ONLY REMEDY IF YOU DO NOT AGREE TO BE BOUND BY THESE SITE TERMS IS TO STOP ACCESSING OR USING THE SITE. If you have any questions about these Terms and Conditions, please contact us at email@example.com.
We may change, suspend, or discontinue any aspect of the Website at any time, including hours of operation or availability of the Website or of any Product (as hereinafter defined) or feature, without notice or liability.
We may offer Products through other authorized distribution channels, such as other sellers and websites; and if we do so, the terms, conditions, and policies applicable to those other sellers and websites may apply, which may be different than these Terms and Conditions.
We are an online mattress company that designs and sells mattresses and other related products and components. We provide the Website in order to enable you to purchase our Washabelle® Loveable® Mattress and other related products (individually referred to as a “Product”, and collectively, “Products”). We provide the Products to you subject to these Terms and Conditions.
When you visit the Website and/or communicate with us by e-mail or by chat via the Website, you are communicating with us electronically. By doing do, you agree that we may communicate with you electronically (including but not limited to by email, chat on the Website, and notices posted to the Website). You also agree that all such electronic communications (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.”
All trademarks, service marks, trade names, trade dress, and other branding devices that appear on the Website and/or Washabelle Products (collectively the “Marks”) are the exclusive property of Washabelle and/or our licensors, partners, or affiliates, and are protected by applicable intellectual property laws. You may not display or use the Marks without our prior written authorization and/or prior authorization of our licensors, partners, or affiliates, as applicable.
All images of people, places, and/or products posted on the Website are the property of Washabelle or our licensors, partners, or affiliates. Unless otherwise noted, all visual, audio-visual, and written information displayed on the Website, including all graphics, photographs, drawings, designs, iconography, animation, videos, writings and other materials (collectively, and together with the Marks, the “Washabelle Content”) is the property of Washabelle or its licensors, partners, or affiliates and is protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, and trademark laws. You may not copy or use any of the Washabelle Content without our prior written authorization and/or the prior authorization of our licensors, partners, or affiliates, as applicable.
The source code / HTML code underlying and compilation of the Website are likewise the exclusive property of Washabelle 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 Website.
Any unauthorized use of the materials or content on this Website, including but not limited to the Washabelle Content, is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity and/or communications regulations and statutes.
Please contact us at firstname.lastname@example.org if you have questions about the Washabelle Content, including whether we are willing to authorize your use of the same.
We grant you a limited license to use the Website solely for your lawful personal, non-commercial use (or personal, non-commercial use on behalf of a third party). You may not use the Website to do any of the following things (or otherwise to violate any laws or legal rights of anyone else):
You recognize that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, you will not hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the upgrading, modification, or standard maintenance of the Website.
No part of the Website is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE WEBSITE AT ANY TIME OR IN ANY MANNER.
If you are under the age of majority in your state of residence, you may use the Website to purchase Products only with the involvement of a parent or guardian.
If you use this Website on behalf of an organization or legal entity (collectively, “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization, (b) have the authority to bind the Organization to these Terms and Conditions, and (c) agree to be bound by these Terms and Conditions on behalf of the Organization.
From time to time, we may allow you to submit or post reviews or similar content on the Website (each individually as “Review” and collectively, “Reviews”). We welcome your Reviews regarding our Products and services, including the Website, so long as they are appropriate, but we are under no obligation to display or post any Review. We do not promise or guarantee that the content of any Review will be truthful, accurate, or reliable.
We reserve sole and complete discretion over whether to allow or display, and how to use, all Reviews. By submitting a Review to us (via the Website or otherwise), you grant us a perpetual, worldwide, unlimited, fully assignable, 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 Review through any means or method now or not yet in existence, including but not limited to in promoting and marketing Washabelle and the Products. 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 Review. By posting a Review, 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 Review). Further, by submitting a Review to us (via the Website or otherwise), you represent and warrant to us each of the following things:
We attempt to be as accurate as possible when describing the Products. We do not, however, warrant that the Product descriptions are or will be 100% accurate, complete, current, or error-free.
We will display on the Website the current prices for all Products available for purchase via the Website. 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.
The Website currently uses 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.
All amounts listed and monetary transactions on and via the Website are in U.S. dollars.
When you place an order for Products through the Website, the Products will be shipped to the address you designate as the “Shipping Address” during the check-out process. Generally, standard shipping is free for customers in the continental United States.
We want you to be able to enjoy your products as quickly as possible. To accomplish this we may use the postal service or a private delivery service to deliver your item or offer another method of delivery.
All Products purchased from our Website are made pursuant to a shipment contract. You acknowledge that we have no control over the carrier, and that once we have turned your merchandise over to the carrier, we are no longer liable for any loss or damage involving the product, though we may voluntarily seek insurance claims from the carrier, where applicable, to assist in mitigating or compensating your losses. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier, and you are responsible for filing any claims with carriers for damaged or lost shipments.
Please refer to our 101-Night Trial and Washabelle Wash Well Sleep Well 10 Year Limited Warranty to learn about the terms that apply to those Products purchased via the Website. The 101-Night Trial and Washabelle Wash Well Sleep Well 10 Year Limited Warranty are each part of these Terms and Conditions. To the extent there is a conflict between the terms of the 101-Night Trial and Washabelle Wash Well Sleep Well 10 Year Limited Warranty and these Terms and Conditions, the terms of the applicable 101-Night Trial and/or Washabelle Wash Well Sleep Well 10 Year Limited Warranty, as applicable, will govern with respect to the Product purchased from Washabelle.
For questions about potential refunds or returns not covered by the 101-Night Trial and/or Washabelle Wash Well Sleep Well 10 Year Limited Warranty, please contact email@example.com.
You may cancel an order any time prior to shipment.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Website infringe your copyright, you (or your agent) may send Washabelle a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Washabelle a counter-notice.
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 Website should be sent to 8401 Ambassador Row, Dallas, TX 75247 or firstname.lastname@example.org. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
For purposes of these Terms and Conditions, “Released Parties” mean Washabelle and its parents, subsidiaries, affiliates and related entities, and our and their respective officers, directors, managers, members, shareholders, employees, agents, licensors, successors and assigns.
We make no representation about accuracy, reliability, completeness, or timeless of any contents of the Website. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Website. By using the Website, you assume the risk that you might be exposed to content that is objectionable or otherwise inappropriate. Use the Website at your own risk.
The Website may contain links to other websites that are not operated by or related to us. We are not responsible for the content, accuracy or opinions expressed in such third party websites, and do not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by us. If you leave the Website to access these third-party sites you do so at your own risk.
We are not responsible for any dispute or disagreement between you and any other person or entity with which you may communicate or interact via or while using the Website. You assume all risk associated with dealing with such third parties. You release and shall defend and hold harmless the Released Parties from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to (a) any such dispute or disagreement and (b) any other third-party action, claim, or demand arising out of any breach by you of any representation, warranty, covenant, obligation or duty of you under these Terms and Conditions. You also promise not to involve us in such dispute.
We make no promises and disclaim all liability of specific results from the use of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON OR AVAILABLE THROUGH THE WEBSITE (OTHER THAN OUR 101-Night Trial and Washabelle Wash Well Sleep Well 10 Year Limited Warranty), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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.
THE RELEASED PARTIES MAKE NONE OF THE FOLLOWING WARRANTIES, EACH OF WHICH THE RELEASED PARTIES EXPRESSLY DISCLAIM:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED 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 WASHABELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF THE FOLLOWING:
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 PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE 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 WEBSITE OR $50, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, actions, demands, and expenses, including without limitation reasonable legal and accounting fees, alleging, arising out of, or resulting from (a) your use of the Website, the Washabelle Content, or the services or Products obtain through the Website, (b) your breach of these Terms and Conditions, and (c) your use of or reliance on any third-party content (collectively referred to as “Claims”). We will give you prompt notice of any such Claims, but reserve the right, in our sole and absolute discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as required by the Released Parties in the defense of any Claims.
Notwithstanding any of these Terms and Conditions, we reserve the right, in our sole and absolute discretion, to terminate your access and license to use the Website and to block or prevent future access to and use of the Website for any reason or no reason without notice or attendant liability. Upon termination, these Terms and Conditions will still apply.
All provisions relating to intellectual property and other proprietary rights, confidentiality, disclaimers of warranty, indemnification, limitation of liability, damages, dispute resolution, and choice of law shall survive the expiration or earlier termination of these Terms and Conditions.
We may review these Terms and Conditions 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 and Conditions at any time without specific or direct notice to you. We intend to change the “Effective as of __________, 20___” date at the bottom of these Terms and Conditions each time we revise these Terms and Conditions. You should review these Terms and Conditions regularly to ensure that you are aware of any changes or updates.
You may not transfer any rights or obligations in or to these Terms and Conditions, in whole or in part. We may transfer any and all rights and obligations in and to these Terms and Conditions and/or subcontract some or all of its obligations hereunder at any time without your consent.
You acknowledge that a breach of any confidentiality, intellectual property, or other proprietary rights provisions of these Terms and Conditions may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, we may seek an injunction to prevent you from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
If a dispute, claim, or controversy arises out of or relating to these Terms and Conditions (including an alleged breach or the termination, enforcement, interpretation, or validity thereof), the Website, or your purchase of Products or use of any Service available via the Website (collectively, “Dispute”), the following rules and procedures shall apply.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes but is not limited to any act, event, non-happening, omission or accident beyond our reasonable control including but not limited to restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
No person or entity not a party to these Terms and Conditions will be deemed to be a third party beneficiary of these Terms and Conditions or any provision hereof.
If any provision of these Terms and Conditions are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions will remain in full force and effect.
If we fail to insist upon strict performance of your obligations under any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we entitled under these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by us of any default will constitute a waiver of any subsequent default, and no waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Our rights and remedies under these Terms and Conditions 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.
California Prop 65 requires us to inform you that the products sold here may contain lead, lead compounds and other chemicals known to the State of California to cause cancer, or birth defects, or other reproductive harm.
These Terms and Conditions constitute the entire agreement between you and Washabelle with respect to the Website and supersede all prior or contemporaneous communications relating to the Website. Any rights not expressly granted herein are reserved.
EFFECTIVE DATE: October, 2016.