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Terms

TERMS OF SERVICE

These Terms of Use were updated as of March 1, 2016.

OVERVIEW:

This website is operated by Nolah Sleep LLC. Throughout the site, the terms “we”, “us” and “our” refer to Nolah Mattress and Nolah Sleep LLC. Nolah Sleep LLC offers this website, including 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 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. If you do not agree to these outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Site and not make any future purchase.

Nolah Sleep reserves the right to make any changes to these Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing the Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, including making purchases through the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. We strongly suggest that each time you make a purchase through this Site, you re-read the Terms of Use.

If you have any questions about these terms, contact us at support at NolahMattress.com.

Use of Site/General Purchase Terms

1. Acceptance of Terms. By using the Site, you agree to the terms and conditions in this Agreement between you and Nolah Sleep. You must accept the Terms, in full, before using the Site. You can accept the Terms in one of three ways: (a) by clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you on the Site; (b) by actually using the Site; and/or, (c) by making purchases of Nolah Sleep products. BY USING THE SITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE. EXCEPT AS OTHERWISE PROVIDED, THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE, AFTER ANY CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).

2. Privacy Policy. Nolah Sleep cares about the privacy of our users. Nolah Sleep's Privacy Policy applies to the use of the Site, and its terms are made a part of the Terms by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Nolah Sleep and that communications with Nolah Sleep can never be guaranteed to be secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, we employ reasonable measures to protection your information from unauthorized use or disclosure. While we make these reasonable precautions against loss or theft of data, Nolah Sleep shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Nolah Sleep's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.

3. Use and Restrictions. The Site may be accessed and used only by individuals who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Nolah Sleep, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site. Purchases from the Site may only be done by individuals 18 and older who can legally enter into binding agreements.

4. Accounts. If you wish to purchase a product through the Site, you will be given the option to create a user account. Such account will keep track of your purchases and account information. 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.

5. Passwords. To create an account, you will be required to choose a unique username and strong passwords. Nolah Sleep is not responsible for inappropriate sharing of logins and passwords and further, sharing of login information may result in termination of your use of the Site.

6. Credit Card Charges. Nolah Sleep uses Shopify.com to provide billing services. By entering your credit card information, you agree and acknowledge that you will be bound by Shopify.com’s terms of use and privacy policy in addition to the policies of this Site.

7. Disputes. You agree to submit any disputes regarding any charge to your account in writing to Nolah Sleep within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

8. Shipping. When you place an order on our Site, we will ship your order to the address designated by you as long as that shipping address can accept packages. We may require verification of information prior to the acceptance and/or shipment of any order. We reserve the right, without prior notice, to limit the order quantity on any product or service, and/or to refuse service to any customer. At this time, we only ship to addresses located in the continental United States. Please update any address changes in a timely fashion as Nolah Sleep uses your current account information for shipping.

9. Returns. All purchases made through the Site are final unless otherwise stated. All purchases of mattresses come with a one hundred and twenty (120) night return period. You may return your mattress at any time after thirty nights from the date of delivery until the 120th night after the date of delivery. However, as it may take some time to become acclimated to a new mattress, we do not take returns within the first thirty (30) nights after purchase. If you’ll like to return your Nolah mattress please go to our Contact Page and request the return through the email form on the page. Select subject “Request Return”. After the 120-night free return period your Nolah mattress is covered by a 15-year limited warranty.

10. Risk of Loss. All products purchased on our Site are made pursuant to a shipping contract. This means that the risk of loss for all items purchased pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

11. No Illegal Use. 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).

12. 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.

13. 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.

14. Products or Services. These products or services may have limited quantities and are subject to return or exchange only according to our return policy as stated below. 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 anytime 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.

15. 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.

Returns

16. Returns. Please allow 30 nights, to adjust to the feel of a new mattress. If after the first 30 days from the date of delivery and before 120 nights after the date of delivery, you wish to return the Nolah Mattress, Nolah Sleep will arrange a free pick up at your home of the Nolah Mattress. When the Nolah Mattress has been picked up for return, Nolah Sleep will refund your purchase price for the returned Nolah Mattress in full excluding any fees you paid to Futurepay or Klarna to finance your purchase of the Nolah mattress. Therefore, if you have chosen to finance your purchase of the Nolah mattress by obtaining credit from either Futurepay or Klarna, any financing fees that you've accepted to pay for the credit will not be refunded by Nolah Sleep LLC if you choose to cancel your order or return the mattress after completing the initial 30 nights break-in period.

To request a return please go to our Contact Page and request the return through the email form on the page. Select subject “Request Return”. Refunds are only available on Nolah Mattresses that do not have substantial damage and will be processed within ten days after the Nolah Mattress has been picked up for return.

17. Late or Missing Refunds. If you returned your Nolah Mattress and you haven’t received a refund yet, please check the statement for your payment method as all refunds will be made on credit card, debit card, or checking account used for the purchase. Please allow ten days after your Nolah Mattress has been picked up. If ten days have passed since your Nolah Mattress was picked up, please contact our customer service at phone 866-403-6615.

Limited Warranty Information.

18. Warranty Term. All Nolah Mattresses are covered by a 10-year replacement warranty for the original purchaser of the Nolah Mattress for defective products (“Limited Warranty”). If your Nolah Mattress is found to be defective in this time frame, it will be replaced or repaired by Nolah Sleep.

19. Non-Transferable. The Limited Warranty is only valid for the original purchaser and only for an original Nolah Mattress sold by Nolah Sleep. The Limited Warranty is non-transferable and not valid for any additional owners of the Nolah Mattress.

20. Requirements to Return Under the Limited Warranty. Only Nolah Mattresses which meet the following requirements will be replaced or repaired under the Limited Warranty:

     a) the Nolah Mattress – if used correctly on a supportive and proper foundation/base which is substantial enough to support the mattress and its users - must only show normal deterioration, which is defined as having visible indentations of less than one inch;

     b) the Nolah Mattress must not show any physical damage to the memory foam caused by craftsmanship of the mattress in consistent with normal deterioration.

     c) the Nolah Mattress-cover must not show craftsmanship defects including seams and zipper. If a Nolah Mattress-cover is deemed defected Nolah may chose to repair or replace it. If the cover is replaced, it will be with the current design, which may be a different material, color or style than the original cover purchased.

21. Items that are Not Covered. The Limited Warranty does not cover the following:

     a) damage for failure to use a proper bed frame, including, but not limited to, damage caused by an adjustable frame, improper foundation, and/or platform bed;

     b) natural increases in the softness of the memory foam;

     c) physical abuse or damage to the Nolah Mattress and/or cover material, including, but not limited to, burns, cuts, infestation, liquid damage, soiling, stains, and/or tears; and/or

     d) repair and/or replacement of the seams, zipper assembly, or mattress cover.

22. Original Purchaser. The Limited Warranty is only available to the original purchaser who purchases a Nolah Mattress from an authorized reseller or through the Site. The Limited Warranty does not cover any purchases of Nolah Mattresses from unauthorized resellers and/or any Nolah Mattress that is sold “as-is”, “preconditioned”, “reconditioned”, “used”, “returned”, “previously owned”, or any other similar wording indicating that the Nolah Mattress is not “new” or of “first quality”. Any purchases of a Nolah Mattress from an original purchaser will not be covered under the Limited Warranty

23. Product Replacement Terms. Except as otherwise provided herein, Nolah Sleep will not charge you to repair or replace your Nolah Mattress if it is covered under the Limited Warranty. However, the original purchaser is responsible for the shipping costs associated with any such repairs or replacements.

24. Warranty on Replacement Products. No new Limited Warranty is provided on any replacement Nolah Mattresses. The Limited Warranty for the replacement Nolah Mattress only runs from the date of purchase of the original Nolah Mattress and will expire ten years from the date of the original purchase.

25. LIMITED WARRANTY ONLY. THE WARRANTIES AND REMEDIES SET FORTH HEREIN AND THE OBLIGATIONS AND LIABILITIES OF NOLAH SLEEP AS STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU AND YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT NO OTHER REPRESENTATIONS WERE MADE TO YOU OR RELIED UPON BY PURCHASER WITH RESPECT TO THE QUALITY AND FUNCTION OF THE NOLAH MATTRESSES SOLD BY NOLAH MATTRESS.

User and Third Party Content/Communications

26. 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.

27. User Comments, Feedback And Other Submissions. By submitting material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Nolah Sleep a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant Nolah Sleep the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Nolah Sleep shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.

28. User 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.

29. User Content. When submitting User Communications to or otherwise using the Site, you agree not to, without limitation: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); (e) post anything that exploits children or minors or that depicts cruelty to animals; (f) post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark; (g) post any person's name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person's parent or legal guardian); (h) disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; (i) use any robot, spider, scraper or other automated means to access the Site; (j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and/or (k) alter the opinions, goals, profiles or comments posted by others on the Site. This list of prohibitions provides examples and is not complete or exclusive. Nolah Sleep reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any User Communications; with or without cause and with or without notice, for any reason or no reason, or for any action that Nolah Sleep determines is inappropriate or disruptive to this Site or to any other user of the Site and/or services. Nolah Sleep may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Nolah Sleep's discretion, Nolah Sleep will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

Intellectual Property Information

30. Ownership of the Site, Content, and Trademarks. The Site is owned and controlled by Nolah Sleep and unless otherwise agreed in writing, all materials on our Site, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Nolah Sleep. The Site and Content are intended solely for your personal, non-commercial use. You may not download and/or copy any of the Content without permission from Nolah Sleep unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded and/or copied Content is transferred to you as a result of any such downloading and/or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, and/or otherwise use any of the Content or the Site for any public or commercial purpose. Nolah Sleep also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Nolah Sleep does not permit use of any data mining, robots, scraping, and/or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Nolah Sleep and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site.

31. Trademarks. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered including, but not limited to, NolahMattress.com, “Great Sleep, Great Adventures”, Nolah Sleep, #fuelyourdays, #mynolahday, #nolahdays and our logo (collectively the “Marks”) that appear on this Site are proprietary to Nolah Sleep, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Nolah Sleep, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Nolah Sleep or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Nolah Sleep.

32. Copyright, Trademark, and Intellectual Property Complaints. Nolah Sleep respects the intellectual property rights of others. We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When Nolah Sleep receives proper Notification of Alleged Copyright Infringement, Nolah Sleep promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see contact us at info at NolahMattress.com for more information on how to report infringement of your copyright. Nolah Sleep may, at its sole discretion, terminate any Users who are deemed by Nolah Sleep to be have committed copyright infringement, whether or not there is any repeat infringement.

Liability/Warranties

33. 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 Nolah 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.

34. Indemnification. You agree to indemnify, defend and hold harmless Nolah Sleep 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.

35. PRODUCT LIABILITY. IN NO EVENT WILL NOLAH SLEEP BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF PRODUCTS ON THIS SITE. YOU UNDERSTAND THAT THE PRODUCTS YOU ARE BUYING THROUGH THIS SITE IF USED INCORRECTLY OR AGAINST THE RECOMMENDED USE MAY BE HAZARDOUS TO YOUR HEALTH OR SOMEONE ELSE'S. YOU AGREE AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO USE THE PRODUCTS IN A SAFE MANNER. FURTHER, YOU AGREE AND ACKNOWLEDGE THAT USE OF ANY PRODUCTS MAY BE HAZARDOUS AND CAUSE SERIOUS PHYSICAL HARM OR EVEN DEATH. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY PRODUCT YOU BUY THROUGH THIS SITE AND AGREE TO INDEMNIFY AND HOLD HARMLESS NOLAH SLEEP FOR ANY INJURIES OR DEATH CAUSED BY THE USE OF SUCH PRODUCTS.

36. LIMITATION OF LIABILITY. NOLAH SLEEP AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.

Miscellaneous

37. Right to Refuse Service. We reserve the right to refuse service to anyone for any reason at any time.

38. Termination of Use of Site if Under 13. Nolah Sleep may terminate your use of the Site, delete any content or information that you have posted on the Site, refuse any orders, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 13 year of age or violate these Terms of Service.

39. Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

40. Time for Claims. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THIS OR ANY OTHER SITES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

41. Encryption. 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.

42. Headings. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

43. Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control or 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.

44. 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.

45. 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).

46. 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, our Privacy Policy, 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.

47. Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Nolah Sleep. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.

48. No Assignment. No modification or amendment of this Agreement shall be valid unless in writing.

49. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.

50. Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.

51. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in this Agreement with the initial letter(s) capitalized will have the meaning attributed to them in this Agreement.

52. Electronic Communications. You consent to receive electronic communications from Nolah Sleep either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

CONTACT INFORMATION:

Questions about the Terms of Service should be emailed to us using the email form at our Contact Page.  

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