TERMS & CONDITIONS


TERMS OF SERVICE

1. Overview

Welcome to stayasleep.com (the “Site”). The Site is operated by Bespoke Sleep, LLC d/b/a Staya Sleep (“Company”). Throughout the Site, the terms “we”, “us” and “our” refer to the Company. We offer this Site as a service to our customers.

2. Agreement

This agreement sets forth our Terms of Service (“TOS”), which govern the use of our Site and the purchase of any Mattress (“Product”) and may be modified at any time by the Company by posting a modified agreement. Please review these terms and conditions carefully. By using this Site, you agree to communicate with the Company electronically and agree to comply with and be bound by the following terms and conditions of use. If you do not agree to these TOS, you should not use the Site. If you have any questions about the TOS, feel free to contact us at support@stayasleep.com. Each use by you of the Site shall be your unconditional acceptance of the TOS.

3. Website Use

You agree to use the Site only for its intended purpose. We hereby grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable right to use the Site for your own personal use. Under no circumstances are you to distribute, assign, sell, or republish, or use for any other use. You may not attempt to interfere with, reverse engineer, harm, steal from, or attempt unauthorized access to the Site, user accounts, or technology and equipment supporting the Site. This Site is intended for adults only (over 18).

4. Privacy

Your visit to the Site is also governed by our Privacy Policy (“Policy”). It is your responsibility to review our Policy at www.stayasleep.com/privacy-policy so you fully understand how we collect and use your information. THE POLICY FORMS PART OF OUR AGREEMENT WITH YOU AND IS EXPRESSLY INCORPORATED IN THIS AGREEMENT BY REFERENCE.

5. Your Registration Obligations

In order to be a registered user of the Site, you agree to provide accurate, true, current and complete information about yourself to the Site (the “Registration Data”). If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate all of your accounts and refuse and all of your current or future use of the Site (or any portion thereof).

As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized access to or use of your password or account or any other breach of security.

6. Compliance with Laws

You agree to adhere to all applicable laws regarding your use of the Site. You further agree that the information you provide to us is truthful and accurate to the best of your knowledge. We reserve the right to cancel an order if the information you provided is not in accordance with applicable laws or is untruthful or inaccurate.

7. Ownership & Prohibited Uses

All content on this Site is protected under applicable trademark, patent, copyright, or other proprietary rights and is the property of the Company or its content suppliers. It is prohibited to copy, redistribute, use or publish any of the content or any part of the Site.

By posting a review, comment, photo, or similar materials on the Site (“Reviews”), you hereby grant the Company an unrestricted, assignable, sublicensable, royalty-free, fully paid up license to use the name, image, and likeness identifiable in any Review.

8. Trademarks & Copyrights

The trademarks, service marks, and logos of the Company (“trademarks”) used and displayed in connection with the Site are registered and unregistered trademarks or service marks of the Company. Only prior written consent of the Company would allow for use or license of any trademark, trade name, service marks or logos displayed on the Site.

The design of this Site, including content, text, information, graphics, and other material are protected by copyright, trademark and other laws and may not be used except as permitted in these TOS without prior written permission by the Company.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who reasonably believe that material appearing on the Internet infringes on their rights under U.S. Copyright laws. If you believe in good faith that any material made available in connection with the Site infringes on your copyright, you (or your agent) may send us a notice requesting that the materials be removed or access blocked. All notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. DMCA notices and counter-notices should be sent to us directly.

9. Pricing and Shipping

All monetary transactions on the Site will be in U.S. Dollars. The price for Products available for purchase will be displayed to you on the Site. Any applicable sales taxes will be communicated to you before you place an order.

From time to time, the Company may offer “offer codes” to select customers through a variety of promotional activities and communications that can be used toward a purchase on the Site (“Offer Codes”). Only valid Offer Codes provided or promoted by the Company will be honored at checkout. Offer codes cannot be combined and may expire. The dollar value of any Offer Code will not be refunded or credited back if the Product is returned.

We only ship to valid United States addresses in the contiguous U.S. We ship via FEDEX Ground for delivery any weekday (note: delivery is not available on weekends and will resume the following business day). The Product will be shipped to the address you designate as “Shipping Address” during the checkout process on the Site.

10. Cancellations, Returns, and Warranty

Your Product is made-to-order and cannot be cancelled once it has started production. You will be sent a notification letting you know the status and when it has started production.

If you are dissatisfied with your Product within the first 100 days of your delivery date, you may return the Product for a refund. If you want to return your Product within this period, contact support@stayasleep.com to arrange a free return pickup.

Your product is covered by a limited, 15 year warranty {“Warranty”). If there is a defect with your Product, please review the Warranty and contact us at support@stayasleep.com.

11. Notice

Notices to you may be made either via mail or regular mail to the address in our records. The Site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to generally on the Site. Any notice from you to us shall be sent in writing to support@stayasleep.com.

12. Errors, Inaccuracies and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information without penalty.

13. Arbitration

We will make every reasonable effort to resolve any disagreements that you may have with us. If those efforts fail, you agree that all disputes between you and the Company relating to these TOS or your use of the Site or Products will be resolved by BINDING ARBITRATION to be held in Charlotte, North Carolina. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these TOS, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, and your claims cannot be brought as a class action.

14. Governing Law

These Terms of Service shall be governed by the laws of the State of North Carolina, without regard to conflicts of laws. If a lawsuit or court proceeding is permitted under these TOS, you and Company accept to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located in Charlotte, North Carolina.

15. Limitation of Liability

WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, ANY PRODUCTS SOLD BY US OR ANY OTHER SUBJECT MATTER OF THESE TOS, FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR TOTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES), (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR GOODS, (iii) AMOUNTS IN EXCESS OF $1000.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN USER WITH RESPECT TO THE SERVICES OR PRODUCTS OR (iv) ANY MATTERS BEYOND OUR REASONABLE CONTROL. WE SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY USER OF THE SITE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

16. Disclaimer of Warranties

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

WE MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED.

WE ARE NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTIN WITH THE SITE, AND WE HAVE NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

17. Service Modifications/Suspensions.

We reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) for any reason or no reason with or without notice. In addition, we may terminate your password, accounts (or any part thereof) and/or your right to use the Site, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due or if we believe that you have violated or acted inconsistently with the letter or spirit of these TOS or the law. All provisions of these TOS that by their nature should survive termination of your right to use the services shall survive (including, without limitation, all limitations on liability, releases, disclaimers of warranties and intellectual property protections and licenses).

18. Links.

The Site may provide, or third parties may provide, links to other Internet websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such third party site.

19. Miscellaneous

These TOS supersedes any prior agreement, whether written or oral, relating to the subject matter herein. No waiver, modification or amendment of any of these terms and conditions shall be effective against us unless in writing and signed by our authorized representative. We do not waive any power or right under this Agreement or otherwise even if timely or strict compliance is not always insisted upon. These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. Our failure or delay to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

20. Entire Agreement

These TOS (including any document or terms expressly incorporated into these TOS including the Privacy Policy) comprise the entire agreement between you and the Company with respect to this Site. If any of these TOS are deemed invalid, void, or unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

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