Sleep Cafe, LLC Terms and Conditions (“Terms”)
Last updated: June 1, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.sleepcafe.com website and any related sites, including but not limited to any mobile application (the “Service”) operated by Sleep Cafe, LLC (also referred to as “us”, “we”, or “our”).
Your access to and use of the Service, including any purchases from the Service, is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
Intellectual Property and Limited Usage
Sleep Cafe, LLC owns and has registered the term The Sleep Cafe® with the U.S. Patent and Trademark Office. Unless expressly stated otherwise, Sleep Cafe, LLC (or its vendors or contractors) owns solely and completely all the content on the Service in whatever form that content exists (“Content”) and our rights are protected by trademark, copyright and other law. You have no right to use or reproduce the Content, except as we expressly authorize. You may view the Content and use the Service only for your personal use and you agree to comply with all applicable laws and not interfere with or harm our rights or those of any other person or entity. If you are using the Service on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and “you” means that entity. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner. Your usage does not grant you any right whatsoever in the Content or the Service.
Purchases and Personal Information
Links To Third-Party Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Sleep Cafe, LLC. Sleep Cafe, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Sleep Cafe, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services, and that your use of such sites or services shall be at your own risk.
Refunds and Warranties
The Sleep Cafe® is an online retail bedroom and bath lifestyle boutique. As such, Sleep Cafe, LLC does not manufacture or produce any products itself but instead provides its customers access to products from our selected, best-in-class brand manufacturers. Those manufacturers have policies for refunds and warranties that are specific to their products and companies. This is not surprising. You wouldn’t expect a warranty for a pillow sheet to be the same as a warranty for a mattress. Therefore, when you purchase products from The Sleep Cafe®, look for the refund and/or warranty that may be applicable to those products.
Warranties and Damages Limitations
THERE ARE NO WARRANTIES UNDER THESE TERMS WITH RESPECT TO THE SERVICES OR ANY PRODUCTS PURCHASED THEREFROM, EXCEPT TO THE EXTENT SPECIFICALLY SET FORTH IN THE TEXT OF THESE TERMS. WE SPECIFICALLY DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT OF THE LAW AND UNLESS EXPRESSLY STATED IN THESE TERMS, SLEEP CAFE, LLC (OR ITS VENDORS OR CONTRACTORS) SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. TO THE FULLEST EXTENT OF THE LAW, ANY LIABILITY OF SLEEP CAFE, LLC FROM YOUR ACCESS TO AND USE OF THE SERVICES SHALL BE LIMITED TO $50.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SLEEP CAFE, LLC DOES NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICE OR PRODUCTS, WHICH ARE PROVIDED “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICE, INCLUDING CONTENT WITHIN THE SERVICE, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND SLEEP CAFE, LLC EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICE OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICE, THE SPECIFIC FUNCTIONS OF THE SERVICE, THE SECURITY OF THE SERVICE, OR THE SERVICE’S RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time and your usage of the Services after such modification or replacement constitutes acceptance of such modification or replacement.
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee. You waive any right to a pursue any action or legal recourse (INCLUDING VIA CLASS ACTION) you may have WITH RESPECT TO THE SERVICES, THE PRODUCTS PURCHASED THEREFROM, OR under these Terms in a court of law or agency of government. Instead, any dispute will be resolved first by mutual communication and then, except for any claim that is presented via small claims court in Chattanooga, Tennessee, via BINDING ARBRITRATION BY A NEUTRAL ARBITER IN TENNESSEE ACCORDING TO THE PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION. If any provision of the Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of the Terms remain in full force and effect so long as the essential terms and conditions of the Terms reflect the original intent of the parties and remain valid, legal and enforceable. You consent to receive electronic communications from us and that such communications satisfy any legal requirements that notices, communications and the like be in writing or sent via some prescribed method. Time is of the essence of the Terms. Our failure to enforce any provision or provisions of the Terms shall not in any way be construed as a waiver of any such provision or provisions as to any future violation thereof, nor prevent us from enforcing each and every other provision of the Terms at such time or at any time thereafter. The Terms (and any document incorporated therein) constitutes the entire understanding between you and Sleep Cafe, LLC and supersedes any previous written or oral agreement between you and Sleep Cafe, LLC.