Current Policy Updated: March 2, 2016
These Pacific Mattress Co Terms and Conditions apply to the website and all other online or digital properties (collectively, “Website”) operated by Rest Easy, LLC dba Pacific Mattress Co. (“Pacific”, “we”, or “us”). The use of the Website including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Website, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Website without limitation or qualification. If you do not agree to these Terms then you must exit the Website immediately and discontinue any use of the information or Products obtainable or accessible through the Website. If you have any questions about the Terms please contact us at email@example.com.
We provide the Website to enable you to learn about and purchase Pacific mattresses (“Mattress” or “Mattresses”) and other products (collectively, “Products”).
II. Electronic Communication
By visiting the Website, sending us emails and/or chatting via our Website you are communicating with us electronically. In doing so you consent to receive communications from us electronically as well. We will communicate with you by email, by posting notices on this Website, chatting on the Website and possibly other electronic methods. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
III. Eligibility for Use
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 using the Website on behalf of a third party company, entity or organization (collectively, “Organization”) then you represent and warrant to us that you are an authorized representative of that Organization, have the authority to bind that Organization to these Terms and agree to be bound by these Terms on behalf of that Organization.
IV. Copyright and Intellectual Property
Images of people, places and/or Products posted on this Website are either the property of Pacific, our licensors, partners or affiliates. Unless otherwise noted all content included on this Website including images, illustrations, designs, icons, photographs, video clips and written and other materials (together with “Marks” (as defined below), “Content”) is the property of Pacific or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Website is the exclusive property of Pacific and is protected by United States and international intellectual property laws. Any unauthorized use of any Content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Website only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Website please contact us at firstname.lastname@example.org.
All trademarks, service marks and trade names (collectively, “Marks”) that appear on this Website are proprietary to Pacific or the other respective owners of such Marks. You may not display or reproduce any Marks in any manner without the prior written consent of Pacific and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Website.
VI. Limited License and Website Access
We grant you a limited license to use the Website for personal use only. Consequently, this grant does not allow you to do any of the following: (i) resell or make any commercial use of this Website or any of the contents of this Website; (ii) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (iii) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (iv) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.
VII. Accounts, Forms, Registrations and Passwords
You represent and warrant that the information you provide to Pacific upon creating an account on the Website and at all other times will be true, accurate, current, and complete.
To facilitate future purchases on the Website you may choose to create an account by providing an email address and password. Please note that you may choose to use the Website and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Website and to preserve the confidentiality of your username and password, and any device that you use to access the Website.
You agree to notify us immediately of any breach in secrecy of your login information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party you agree to immediately notify Pacific by email to email@example.com. You will be solely responsible for the losses incurred by Pacific and others due to any unauthorized use of your account.
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 programs. We do not charge for standard shipping within the contiguous United States.
The Website currently uses third parties to process payments. Our third party payment processors accept payments through various credit cards including MasterCard, Visa, American Express and Discover as detailed on the applicable payment screen.
All monetary transactions on the Website take place in U.S. dollars.
Risk of loss and title for Products purchased from Pacific pass to you upon delivery of such Products (by Pacific or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
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 checkout process.
IX. Refunds, Returns and Cancellation
Your Mattress is covered by a limited, 10-year warranty (the “Limited Warranty”). If there is an issue with your Mattress then please review the Limited Warranty and email us at firstname.lastname@example.org. The Limited Warranty is part of these Terms. To the extent there is a conflict between the terms of the Limited Warranty and these Terms the terms of the Limited Warranty will govern with respect to Mattresses purchased from Pacific.
Your Mattress is covered by our 100 Night Trial. If you are not completely satisfied with your Mattress within the first 100 nights you may return it for a full refund. If you wish to return your Mattress within the first 100 days after your receipt of said Mattress please email Pacific at email@example.com to arrange a return pick-up. Generally, we will cover any applicable costs should a pick-up be necessary. Returns originally shipped to Hawaii and Alaska will not be refunded the additional shipping charge.
In order to take advantage of this 100 Night Trial your Mattress must be located within the United States and you must be the original purchaser of the Mattress and you must have purchased your Mattress directly from our Website, pacificmattressco.com. Please retain your original purchase receipt to submit to us as proof of purchase as this may be necessary for any return. Returned Mattresses will generally be donated to charity and, therefore, must be in donatable condition to be eligible for return (i.e., no stains, tears, abuse, damage or other soiling including odors). Customers may return a maximum of one (1) Mattress per household per year, validated by shipping address (please try a Mattress first—we would love to send you more later!)
Generally, shipping is free for customers in the contiguous United States. You may cancel an order anytime prior to shipment.
X. Gift and Offer Codes
From time to time, Pacific may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively, “Offer Codes”) that are redeemable towards a purchase on the Website, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Pacific in its sole discretion. Only valid Offer Codes provided or promoted by Pacific will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Pacific (including any unauthorized third party websites) will not be considered valid. Each Offer Code promoted by Pacific is non-transferable and valid for single use on an item (or items) of merchandise as determined by Pacific. Offer Codes may not be combined, customers are limited to the use of a single Offer Code per order. Offer Codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. For online purchases, the Offer Code must be entered in the ‘offer code’ field at checkout. Offer Codes are not valid in showrooms or stores and are valid online only. Pacific is not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the merchandise is returned. Expiration dates may apply to each Offer Code. Offer Codes are void if copied, transferred, sold, exchanged or expired and where prohibited. Requests not complying with all Offer Code requirements will not be honored.
From time to time, Pacific may also engage spokespeople, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an Offer Code via a third party source such as a television or radio show host please note that such individuals may have been compensated by Pacific for their statements.
XI. Content You Submit to Pacific
We appreciate hearing from our users and welcome your comments regarding the Website. Please be advised, however, that if you send us creative ideas, suggestions, inventions or materials (collectively, “Creative Ideas”), we will (i) own, exclusively, all now known or later discovered rights to the Creative Ideas; (ii) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (iii) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Pacific may allow you to post reviews, comments, photos, or similar materials on the Website (collectively, “Reviews”). We welcome your comments regarding our Products and services including our Website. However, any Reviews you submit to Pacific must not slander, harass, malign, threaten, libel, defame or otherwise violate any rights of any third parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Website you hereby grant Pacific an unrestricted, assignable, sub-licensable, perpetual royalty-free, fully paid up license throughout the universe to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Website, for any purpose, including promoting and marketing Pacific and the Products. You further grant Pacific a royalty-free license to Use the name, image and likeness of any person identifiable in any Review you post to the Website. By posting a Review you waive any and all rights of publicity, privacy or any other rights of a similar nature in addition to any moral rights you may have in your Review. Except for materials provided to you by Pacific through the Website, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Website or you have all rights, licenses, consents, and releases that are necessary to grant to Pacific the rights in your Reviews as contemplated under the Terms; and (ii) the Reviews you post to the Website do not (a) infringe, misappropriate or violate the rights of any party or entity including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights; (b) constitute or result in defamation, libel, slander or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording or otherwise); or (c) require Pacific to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, harassing, obscene, vulgar, pornographic, unlawful, harmful, threatening, abusive, offensive, objectionable, hateful, or promotes discrimination, bigotry, racism or hatred as determined by Pacific in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, trojan horses and/or other harmful or malicious code.
XII. Digital Millennium Copyright Act
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 Pacific a “Notification of Claimed Infringement” requesting that the material be removed or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works)
- Identification of the specific material alleged to be infringing or the subject of infringing activity and information reasonably sufficient to allow Pacific to locate the material on the Website
- Your name, address, telephone number and email address (if available)
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law
- A statement that the information in the notification is accurate and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you the DMCA permits you to send Pacific 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 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.
XIII. Use of the Website
You hereby agree to use the Website solely for its intended purpose. You are required to use the Website in compliance with any and all privacy, intellectual property, data protection and/or any other applicable laws. The following are prohibited uses of the Website. You are prohibited from:
- linking or framing to the Website without our express written permission
- attempting to interfere with, reverse engineer, steal from, gain unauthorized access to or otherwise harm the Website including user accounts and/or the technology and equipment supporting the Website. This also includes using robots, data mining or any other data gathering devices on or through the Website
- disclosing any personal or private information about any other person or entity or abusing, harassing or posting any objectionable material
- posting false, incomplete or misleading information, impersonating any other person or entity or misrepresenting your relationship with any person or entity
- posting any advertising or marketing content or links except as specifically permitted by these Terms
- transferring, selling or assigning any of your rights to use the Website to any third party without our express written permission
- using the Website in any illegal way or committing any illegal act in regard to the Website or that otherwise may result in any penalties, fines and/or any other liability to Pacific or other entities including accessing the Website from any jurisdiction where it is illegal or unauthorized
We make no individually specific medical or health claims regarding our Mattresses. For any specific questions or concerns regarding health conditions or issues please contact a licensed physician.
We are in no way responsible regarding any disputes or disagreements that may arise between you and any third parties while interacting on the Website. Any and all risk that may be associated with dealing with any third parties is fully assumed by you. You agree that any such disputes will be resolved directly between you and the other party. You hereby release Pacific of any and all claims, demands and damages in any such disputes among users of the Website. You agree to not involve us in any way in such disputes. You agree to use common sense and caution when using the Website. We do not warrant or guarantee the accuracy, reliability or truthfulness of any content posted by third parties. You assume all risk associated with any reliance on material posted by any third party. By choosing to use the Website you accept any and all risks that you may be exposed to content that is inappropriate or otherwise objectionable. At our sole discretion we may change, suspend or discontinue any aspect of the Website at any time including without limitation the availability of the Website, our hours of operation or any other feature without notice or liability.
We neither warrant nor represent the reliability, completeness, accuracy or timeliness of any contents of the Website. We neither warrant nor represent the reliability, completeness, accuracy or timeliness of any data from any third party service provider nor the quality or nature of any third party products or services obtained through the Website. Use of the Website is at your own risk. We make no promises and disclaim any and all liability from specific results related to the use of the Website.
In the below sections “Released Parties” shall include Pacific and its affiliates, officers, employees, agents, partners, and licensors.
YOU HEREBY EXPRESSLY AGREE AND UNDERSTAND THAT:
- USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES RELATED TO ANY SERVICES OR PRODUCTS LISTED ON THE WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- THE RELEASED PARTIES ALSO MAKE NO WARRANTIES THAT:
- THE WEBSITE WILL MEET ANY OF YOUR REQUIREMENTS
- THE QUALITY OF ANY SERVICE OR PRODUCT AVAILABLE ON THE WEBSITE WILL MEET YOUR EXPECTATIONS
- ANY RESULTS THAT MAY ARISE FROM THE USE OF THE WEBSITE WILL BE RELIABLE OR ACCURATE
- THE WEBSITE WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE
- ANY ERRORS CONTAINED IN THE WEBSITE WILL BE CORRECTED
- ANY CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE HELD SOLELY RESPONSIBLE FOR ANY RESULTS WHICH MAY CAUSE DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM FROM THE USE OF ANY SUCH CONTENT.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, AUTHORIZED DEALERS AND/OR VENDORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, BASED ON OR RESULTING FROM YOUR OR ANY OTHER THIRD PARTY’S PURCHASE AND/OR USE OF THE MATTRESS, EVEN IN SUCH CASE AS WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
XV. Limitation on Liability
YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR ANY OTHER INTANGIBLE LOSSES (EVEN IN SUCH CASE AS THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
- ANY USE OR THE INABILITY TO USE THE WEBSITE
- ANY RELIANCE BY YOU ON ANY CONTENT MADE AVAILABLE BY US
- ANY ALTERATION OR UNAUTHORIZED ACCESS TO YOUR TRANSMISSIONS OR DATA
- ANY CONDUCT OR STATEMENTS OF ANY USER OR THIRD PARTY ON THE WEBSITE
- THE PROCUREMENT COST OF ANY SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY DATA, INFORMATION, GOODS OR SERVICES OBTAINED, ANY MESSAGES RECEIVED OR ANY TRANSACTIONS ENTERED INTO VIA, FROM OR AS A RESULT OF THE WEBSITE
- ANY AND ALL OTHER MATTERS RELATING IN ANY WAY TO THE WEBSITE
Some states or jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages therefore some of the above limitations may not apply to you. To the fullest extent possible by law the released parties’ maximum possible liability arising out of or in connection with the website and/or your use of any pacific content, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $50.
You agree to indemnify, defend and hold harmless the Released Parties against and from any and all actions, claims or demands including without limitation reasonable accounting and legal fees alleging or resulting from:
- your reliance on or use of any third party content
- your reliance on or use of any Pacific Content
- any breach by you of these Terms. We will provide prompt notice to you of any such suit, claim or proceeding.
XVI. Dispute Resolution
These Terms and the relationship between you and Pacific will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Pacific agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Website under the rules of the American Arbitration Association (“AAA”). More information about AAA can be found at www.adr.org or at 1-800-778-7879. Any such arbitration, to the extent necessary, will be conducted in Los Angeles County in the State of California. You covenant not to sue Pacific in any other forum.
You also agree, acknowledge and understand that, with respect to any dispute with the Released Parties relating to or arising out of your use of the Website, purchase of Products or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Notwithstanding any of these Terms, we reserve the right without notice or liability and in our sole discretion to terminate your license and/or permission to use this Website and to block or prevent all future access to and use of the Website for any reason or no reason. Upon such termination these Terms will still be in effect.
XVIII. Revision of Terms
From time to time, at our sole discretion, we choose to review these Terms to ensure that they continue to comply with applicable law. Due to this we reserve the right to update and/or revise these Terms at any time. You will know if these Terms have been revised since your last visit to the Website by referring to the “Current Policy Updated:” date at the top of this page. We will, however, endeavor to provide you with prior notice of any material changes. Your subsequent use of our Website constitutes your acceptance of these Terms as amended or revised by us and we recommend, therefore, you review these Terms regularly to ensure that you are aware of its terms.
Any failure on our part to partially or fully exercise any rights or our waiver of any specific breach of these Terms by any user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you or any user of the same or any other term of these Terms. Our rights and remedies under these Terms 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 rights or remedies.
If any of these Terms shall be deemed void, invalid or for any reason unenforceable that term will be severed from these Terms and shall not affect the validity and enforceability of any remaining part of the Terms.
XXI. Entire Agreement
These Terms make up the entire agreement between the user and Pacific with respect to this Website and shall supersede all prior or contemporaneous communications in relation with this Website. Any rights not expressly granted herein are reserved.