Terms & Conditions
Effective Date of Current Policy: October 5, 2017
This Website (“Site”) is operated by SleepOvation LLC (“the Company”, “we”, or “us”) and offers all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using the site, you agree to the Company’s terms and conditions. If you do not agree to these terms (“Terms”, “The Terms”), please leave and do not use the Site.
Upon your visit to our site, or contact via e-mail, you agree to accept communications from us electronically. You approve that all agreements, notifications, disclosures and any other form of communications provided electronically to you, by the Company, satisfy all legal requirements that such communication be “in writing”.
You must be over the age of 18 to use this Site to purchase a product.
Please review the 10 Year Limited Mattress Warranty here: www.sleepovation.com/pages/warranty
The 10 Year Limited Mattress Warranty is incorporated by reference into these Terms. Should a conflict arise between the warranty terms and these Terms, the terms of the applicable 10 Year Limited Mattress Warranty shall supersede and govern.
Please review the 100 Night Trial Return Policy here: www.sleepovation.com/pages/100-night-trial
The 100 Night Trial Return Policy is incorporated by reference into these Terms. Should a conflict arise between the return policy and these Terms, the terms of the applicable 100 Night Trial Return Policy shall supersede and govern.
All trademarks and trade names of the Company and its affiliates present on this website may not be used with any product or service that is not directly affiliated with the Company, or in any manner that can cause confusion among customers, that disparages or discredits the Company. All other trademarks not owned by SleepOvation LLC or its subsidiaries that appear on this Site are the property of their respective owners.
All content included on this site, such as text, graphics, logos, and images are the property of SleepOvation LLC or its content suppliers, if any, and protected by international copyright laws. The compilation of all content on this site is the exclusive property of the Company, with copyright authorship for this collection, and protected by international copyright laws.
Limited License & Website Access
SleepOvation LLC permits you a limited, but nonexclusive license to access and use the Site, revocable at any time, for your personal use. Unauthorized distribution, republication, sale, sub-licensing, or any other use outside of the stipulations of said terms is strictly prohibited. You consent that you will not copy materials on this Website, hack into, reverse engineer, use materials, services, and products in violation of any laws. Your access to the Site, and termination of use, remains at the discretion of SleepOvation LLC.
Compliance With Laws & Truthful Communication
You agree to abide by all laws pertaining to your use of this Website. Additionally, you agree that all communication and information you provide to the Company is accurate, honest, up-to-date, and complete.
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You acknowledge and agree that we provide access to third party content “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party content. You agree and understand that your use of third-party service providers, and content, is at your sole risk.
You agree that from time to time we may remove the Site, service, or product for indefinite periods of time or cancel at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service or product is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a purpose, durability, title, and non-infringement.
Limitation Of Liability
In no case shall SleepOvation LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. To the maximum extent permitted by law, regardless of cause of action, the Company’s maximum liability as a result of the Site, in connection with your use of the Company’s content will not exceed $100.
If a dispute arises between you and SleepOvation LLC, as a consequence of, or in any way related to these Terms or your use of the Site or Products, aforesaid dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties (the "Party" or "Parties").
There shall be three arbitrators (the “Arbitrators”), appointed as follows:
- Each Party shall appoint an Arbitrator, and the two Arbitrators so appointed shall appoint a third Arbitrator who shall act as chairman of the tribunal;
- If either Party fails to appoint an Arbitrator within thirty (30) days of receipt of notice of the appointment of an Arbitrator by the other Party, such Arbitrator shall at the written request of either Party be appointed by [the appointing authority];
- If the two Arbitrators to be appointed by the Parties fail to agree on a third Arbitrator within thirty (30) days of the appointment of the second Arbitrator, the third Arbitrator shall be appointed at the written request of either Party by [the appointing authority];
- If a vacancy arises because any Arbitrator dies, resigns, refuses to act, or becomes incapable of performing his or her duties, the vacancy shall be filled by the method by which that Arbitrator was originally appointed.
The place of Arbitration shall be East Hanover, New Jersey, USA. The Arbitrator(s) shall set the specific location, date, and time for the hearing in this case (the “Hearing”) after consulting with the Parties, and shall provide not less than twenty (20) days notice to each Party when it/they has/have determined such specific location, date, and time.
The Agreement shall be governed by and interpreted in accordance with the laws of the state of New Jersey.
This Agreement constitutes the entire understanding between the Parties concerning its subject matter and supersedes all prior discussions, agreements, and representations, whether oral or written and whether or not executed by any Party.
Except as may be required by law, neither a Party nor its representatives nor a witness nor the/an Arbitrator(s) may disclose the existence, content, or results of any Arbitration hereunder without the prior written consent of both Parties.
The award will be a reasoned award, and will be issued in writing and signed by the Arbitrator(s) [within thirty (30) days of the conclusion of the Hearing]. The Arbitrator(s) may, but is/are not required to, make specific findings of fact or law. The award will be based upon the evidence presented and the law argued by the Parties.
The Arbitrator(s) is/are not empowered to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. Each Party hereby irrevocably waives any right to recover such damages with respect to the Dispute.
In addition to any other consideration, each Party’s promise to resolve the Dispute by Arbitration in accordance with the provisions of this Agreement, rather than through the courts or other bodies, is consideration for the other Party’s like promise.
It is the intent of the Parties that, barring extraordinary circumstances, Arbitration proceedings will be concluded within one hundred twenty (120) days from the date the Arbitrator(s) are appointed. The arbitral tribunal may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.
You agree to indemnify, defend and hold harmless SleepOvation LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable fully permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
We reserve the right to discontinue your license to access this Site, with or without cause, at our sole discretion, and prevent or block your future use and access to this site. In the event of termination, the stipulations put forth by these Terms will still apply.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Jersey, United States.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.