NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A WAIVER OF CLASS OR CONSOLIDATED ACTION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.
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OVERVIEW
This website is operated by Puffy Mattress. Throughout the site, the terms “we”, “us” and “our” refer to Puffy Mattress. Puffy Mattress offers this website, including all information, tools and services available from this site to you (“Service” or “Services”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS; INTELLECTUAL PROPERTY RIGHTS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You acknowledge and agree that the website and any software or programs used with respect to this website and the Services contain proprietary and confidential information that is the property of Puffy Mattress and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the proprietary and confidential information on puffy.com or any software used in connection with any of its services is provided, transferred or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of Puffy Mattress' services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works appearing in puffy.com are the property of Puffy Mattress. Puffy Mattress retains all rights with respect to any intellectual property appearing on the website, and no rights in such materials are transferred or assigned to you.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The price for Products available for purchase through this Site will be displayed to you on this Site. The prices displayed do not include taxes. Any applicable taxes will be communicated to you before you place an order. 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.
Information for orders shipped to Alabama:
”Seller has collected the simplified sellers use tax (8%) on taxable transactions delivered into Alabama and the tax will be remitted on the customer’s behalf to the Alabama Department of Revenue.
Seller’s program account number is SSU-R010616738.”
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”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 optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Puffy.com (“Puffy” or “puffy.com”) allows users to upload content to its website (“User Submissions”). By posting, uploading, inputting, providing, sending, or submitting any content to Puffy’s website you hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant to Puffy the rights granted herein; (iii) you are at least 18 years of age, and (iv) Puffy’s use of your User Submissions as described herein will not violate the rights of any third party or any law. You waive the right to claim any damages whatsoever, including but not limited to punitive, consequential, direct or indirect damages. You hereby release, discharge and agree to hold Puffy, and any person acting on Puffy’s behalf, harmless from any and all liability related in any way to use, commercial or otherwise, of your User Submissions.
You are solely responsible for the content you communicate or submit. Puffy has no liability for your User Submission. Although Puffy is not obligated to monitor content or the accuracy of information submitted through this Website, you acknowledge and agree that Puffy, in its sole discretion, has the right to monitor, without notice, any such content or information. Puffy also reserves the right, in its sole and absolute discretion, to prohibit any conduct and remove any content without notice for any reason, and to revoke any user’s access to puffy.com or the ability to post or submit for any reason. Puffy may also limit, remove or delete any content or other information stored, submitted or used in connection with the services that Puffy in its sole discretion deems to be in violation of these Terms of Use or any applicable federal, state or local law, regulation or ordinance.
By submitting a photo to puffy.com, user grants Puffy royalty-free, worldwide, perpetual, non- exclusive license to use said picture for any purpose, including publicity or promotion, in perpetuity. The user also agrees that Puffy is granted license to use, reuse, publish and republish the same in whole or in part, individually or in conjunction with other photographs or images, in any medium, and for any purpose whatsoever, including but not limited to illustration, promotion, advertising and trade, and publication in all Puffy publications and media of any kind or description, including but not limited to Puffy’s website.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Discount codes may not be combined with any other promotion including but not limited to Paypal Store Cash.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service 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 particular purpose, durability, title, and non-infringement.
In no case shall Puffy Mattress, 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Puffy Mattress 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.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent 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.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
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.
SECTION 18 - ARBITRATION AGREEMENT AND DISPUTE RESOLUTION PROCESS
As used in this Section, “we,” “us,” or “our” refers to Puffy LLC/Puffy Mattress. This Arbitration Agreement governs any and all claims relating in any way to your purchase of any products or services sold or distributed by us, the use of our puffy.com website, our Terms of Use, and our Privacy Policy and practices (each a “Claim” and collectively, the “Claims”).
You agree to resolve Claims exclusively through arbitration, if not previously settled through good-faith negotiations between you and us.
Section 18.1 SCOPE OF ARBITRATION
Any and all Claims will be resolved by binding arbitration, rather than in court, except that, as specified below, if a Claim is within the jurisdiction of a small claims court, either you or us may choose to take the Claim to that court instead of arbitration. The Federal Arbitration Act (9 U.S.C. §§ 1-16) and federal arbitration law apply to and govern this Dispute Resolution Process relating to arbitration.
Section 18.2 INFORMAL RESOLUTION
You and we agree that good faith informal efforts to resolve claims often can result in a prompt, low-cost, and mutually beneficial outcome. Before initiating any arbitration, you must first send an individualized Notice of Dispute to:
Puffy LLC
Attn: Legal Department
13070 Saticoy Street
North Hollywood, CA 91605
The Notice of Dispute must contain all of the information relevant to the Claim. This Notice of Dispute is a prerequisite to initiating any arbitration. A properly completed and served individualized Notice of Dispute shall toll the Limitations Period for sixty (60) days, during which the parties shall make a good faith effort to try to resolve the dispute, including conducting a telephonic or video conference to discuss the matter if either party so requests.
SECTION 18.3 ARBITRATION FORUM & FEES
Upon the conclusion of the tolling period under the Informal Resolution procedure above at Section 18.2, including any extension thereof due to the Batch Arbitration procedure as applicable, a party may initiate an arbitration proceeding. To begin an arbitration proceeding, you must send a letter requesting arbitration, describing your Claim to our registered agent Corporation Service Company as may be relevant. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the arbitrator finds that you cannot afford to pay your portion of any filing, administrative, hearing, or other arbitral forum fees and you cannot obtain a waiver of fees from the arbitral forum, we will pay them for you. Except as provided pursuant to any applicable offer of judgment law, neither party will recover attorneys’ fees and costs in arbitration unless the arbitrator determines the Claim was submitted for purposes of harassment or is frivolous. You may choose to have the arbitration conducted by telephone, video conference, or in person in the county where you live or at another mutually agreed location.
SECTION 18.4 WAIVER OF JURY TRIAL
You and we each agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual basis and not on a class, collective, consolidated, private attorney-general, or representative basis. Class-action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunction, or any other representative proceeding or action are not allowed. A court will have exclusive authority to determine the validity or scope of this clause and, if necessary, to enjoin arbitrations in violation hereof. You and we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
All matters relating to your purchase of any products or services sold or distributed by us, your interactions at our retail stores, the use of puffy.com and our mobile apps (where relevant), our Terms of Use, and our Privacy Policy and practices, and any dispute or Claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles.
SECTION 18.11 WAIVERS & LIMITATIONS
