Disclaimer

Effective Date of Current Policy: Last updated May 08, 2018

These Honest Review’s Terms and Conditions apply to the website (the “Site”) which is owned and published by Honest Showroom, LLC (collectively referred to as “we”, “our” or “us”). The use of the Site is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information accessible through the Site.  We reserve the right to modify the Agreement from time to time without prior notice to you. You can know if these Terms and the other components of the Agreement have been changed by referring to the date at the top of each posted document. It is your exclusive obligation to review the Agreement carefully. Please do so. If you do not agree to be bound by all provisions, do not purchase any products from the Website and please exit the Website promptly. Your continued use of this Website after such changes will constitute acknowledgment and acceptance of the modified Agreement. If you have any questions about the Terms, please contact us at [email protected]

AFFILIATES DISCLAIMER

The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following:

AvantLink
Awin (Affiliate Window)
CJ Affiliate by Conversant
Clickbank
eBay Partner Network
FlexOffers
iDevAffiliate
MaxBounty
Rakuten Affiliate Network
RevenueWire
ShareASale
Honest Presence Network
Consulting
Indirect Advertising
Co-op Advertising
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn advertising fees by linking to Amazon.com and affiliated websites.

TESTIMONIALS DISCLAIMER

The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real­life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions.

The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

Some personal data may be collected from Users.

Use of the Website and products and services offered by Honest Showroom (“Products” or “Product”) are available to and may be purchased by only such individuals who are: (1) at least 18 years of age, and (2) capable of entering into enforceable and legally binding contracts. Honest Showroom, in its sole discretion, may, at any time and for any reason, deny and/or reject any order made by anyone. When you access the Website, you: (1) certify you are at least 18 years of age; (2) are legally capable and competent to enter into enforceable and legally binding contracts, and (3) agree to provide true, accurate, current, and complete information when prompted by the Website and/or Honest Showroom to enter and/or disclose such information, which will be subject to the Privacy Policy.

When you transact any business with Honest Showroom, including but not limited to your placing any order on the Website, you expressly acknowledge that this Agreement is enforceable and legally binding, and that it provides the binding terms and conditions for your use of the Website and the purchase of any Products. In submitting any order for any Product, you expressly certify that you read, understood, and agree to be bound by all of the provision of the Agreement.

2. Click-Wrap

YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONSTITUTES A LAWFUL AND VALID “CLICK-WRAP” AGREEMENT which means that, prior to allowing you to submit an order, the Website presents you with a message on your computer screen requiring that you affirmatively manifest your assent to the terms of this Agreement by clicking on an icon. Specifically, the Website clearly and conspicuously provides a link to this Agreement and, thereafter, requires you to click a box wherein you indicated that you have read, understood and agree to be bound by this Agreement. The Website does not allow you to proceed through the order process or submit an order unless you affirmatively manifest your assent to the terms of this Agreement by clicking in the box. By clicking the box and submitting your order, you complete the foregoing “Click-Wrap” steps.

3. Products

Honest Showroom is making this Website available solely for the purpose of enabling you to browse, gather information on, and purchase the Products described on this Website. We reserve the right to change the description of our Products or to discontinue offering any of our Products at any time and without notice, and to exercise this right however we determine to be necessary or appropriate. If you have a question about this Website or Products available to you for purchase on this Website, please contact Honest Showroom. By using this Website to purchase Products, you agree you will use the Products only for personal use and not for any commercial, illegal or improper purpose.

Honest Showroom reserves the right to limit the sales or quantities of sales of our Products to any person, geographic region or jurisdiction, and to exercise this right on a case-by-case basis as determined to be necessary or appropriate.

4. Intellectual Property

All of the content and material used in constructing this Website and that you see and hear on this Website is subject to United States and international copyright, trade dress, trademark and/or other intellectual property laws with all rights thereto held by Honest Showroom. Use of any content or material on this Website without prior written authorized by Honest Showroom is strictly prohibited and may subject you to liability.

For purposes of these Agreement, “content and material” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed or heard by users on our Website and is owned by Honest Showroom. You are granted the limited permission to use this Website only as stated in these Terms.

Digital Millennium Copyright Act. Honest Showroom has not taken and will not take content from you or any third party unless it has been assigned to Honest Showroom pursuant to law. However, if you are a copyright holder and have a good faith belief that any content or materials posted on this Website infringes your copyright, please send to us your notification of claimed infringement requesting the material to be removed or blocked. Your notice must contain the following: (a) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (b) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the copyright holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material); (c) Your contact information so that we can make contact with you (including for example, your address, telephone number, and email address); (d) A statement that you have a good faith belief that the use of the material identified above in “b” is not authorized by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and (f) Your signature. Prior to sending us notice, you may wish to consult a lawyer to determine your rights and legal obligations under applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Website without liability to you or any other party.

5. Use of Website

This Website is being made available solely for your personal use only for browsing and purchasing our Products and communicating with us. You may NOT use this Website or its content: (a) for any commercial purpose; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender; (g) to submit false or misleading information; (h) 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 this Website or of any related website, other websites, or the Internet; (i) to collect or track the personal identification information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of this Website or any related website, other websites, or the Internet.

You may NOT resell or make commercial use of this Website, any of its content or any of the Products. You may NOT modify, adapt, translate or convert into another form any portion of this Website. You may NOT copy, reproduce, download, display, perform, transfer, transmit or publish any of the content of this Website by any means or in any form, other than for your own personal use. You may NOT access this Website from any jurisdiction where doing so would be illegal. You agree to use this Website only for its intended purpose and in a manner that is authorized. Without intending any limitation of the above prohibitions, you agree to comply with all laws pertaining to privacy, data collection and protection, intellectual property, contract and other applicable laws, including but not limited to those laws in the jurisdiction in which you reside or from which you use this Website, and you agree not to transmit any worms, viruses or any code of a destructive nature. We reserve the right to terminate your authorization to use this Website should you violate any of the prohibited uses.

If you know of, or suspect, copyright or trademark infringement or other unauthorized or improper use of the contents of this Website by others, including but not limited to uses for commercial purposes, please notify Honest Showroom.

6. Billing and Electronic Signature

You agree to timely pay the purchase price and related Shipping and Handling costs (if any) when such sums are due and owing as consideration for Company’s sale and delivery of the Products to you. The Website provides various pay options for you convenience, including credit card, debit card, Amazon pay and various financing options. As part of your submitting any order through the Website, you will be required to type your name. This constitutes your electronic signature, and it is your verification that your name, address, and billing information is correct and that you have read, understood, and agree to be bound by this Agreement.

YOU AGREE THAT THE COMPANY MAY RELY UPON YOUR TYPE-WRITTEN ELECTRONIC SIGNATURE AS CONFIRMING YOUR AGREEMENT TO PURCHASE THE PRODUCTS ORDERED AND TO BE BOUND BY THIS AGREEMENT. You also acknowledge and agree that the Company’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures, which shall hereby be deemed waived by you.

All Products that you purchase from the Company are subject to the terms of this Agreement and the risks of loss and title for such Products pass to you upon the Company’s delivery of the Products to the carrier for your benefit. This means that title to the Products legally transfers to you, and that you bear the risk of loss of the Products during shipment. Nothing herein requires you to pay shipping costs that are not clearly communicated to you at the time of purchase.

7. Payment and Shipping

The prices for the Products are displayed on the Website, and Honest Showroom will take reasonable efforts to make sure those prices are accurate. However, the prices displayed to you are subject to change at any time. Also, the displayed prices do not include taxes. Any change in prices and any sales tax will be communicated to you before you complete your order pursuant to the Click-Wrap process. All transactions will be in U.S. dollars. The Products you order will be shipped to the address you state during the check-out process. There will be no undisclosed additional charge for shipping or handling.

You agree to provide current, complete and accurate information for all purchases made using this Website. If incorrect, you agree to promptly update your information, including without limitation your email address, billing address, telephone number, and credit card number and expiration date, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel orders that, in our judgment, appear to be placed by dealers, resellers or distributors for resale rather than for personal use, or for use in any of the prohibited ways listed herein. 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, billing or shipping addresses, or credit card. In the event that we make a change to or cancel an order, we may attempt to notify you using the e-mail address and/or billing address/phone number provided at the time the order was made.

For details about returns, please review the Honest Showroom Return/Exchange and Refund Policy which by this reference is incorporated herein. You are required to carefully read the Honest Showroom Return/Exchange and Refund Policy prior to transacting any business with Honest Showroom as part of this Agreement.

8. Pre-Shipment Cancellation

You may cancel your order at any time prior to shipment of the purchased Products without penalty by contacting Honest Showroom via email at [email protected] Showroom.com with the Subject Heading “Order Cancellation.” Any order that has already been shipped may not be cancelled in this manner and is subject to the posted Honest Showroom Return/Exchange and Refund Policy.

9. Warranty

The Honest Showroom Warranty sets forth Honest Showroom’s warranties for each Product, and by this reference The Honest Showroom Warranty is incorporated herein. There is no guarantee or warranty that is not provided therein. You are required to carefully read The Honest Showroom Warranty prior to transacting any business with Honest Showroom as part of this Agreement.

10. Privacy

The Honest Showroom Privacy Policy sets forth Honest Showroom’s collection and uses of your personal information provided when using this Website to browse, complete a purchase, and/or communicate with us. By this reference, the Honest Showroom Privacy Policy is incorporated herein. You are required to carefully read the Honest Showroom Privacy Policy prior to transacting any business with Honest Showroom as part of this Agreement.

11. Submissions

We appreciate hearing your comments, suggestions and testimonials regarding this Website, any of our media content, any of our Products, and your participation in any contest we may hold. However, nothing in these Terms should be construed to require from you any comments, suggestions, testimonials or materials of any kind (collectively “Submissions”). The only consideration given by Honest Showroom in exchange for any Submission is the right of use of this Website which you acknowledge and agree is sufficient consideration for your Submission and the assignment to Honest Showroom of any ideas, concepts, content and other intellectual property included therewith or contained therein. Any of your Submissions, whether provided electronically via this Website or otherwise, shall be and remain the exclusive property of Honest Showroom. This includes any of your ideas or inventions contained in your Submissions. Your Submissions shall constitute a voluntary and irrevocable assignment to Honest Showroom of all worldwide intellectual property rights in your Submissions, entitling Honest Showroom to use, make, have made, offer to sell, sell, copy, reproduce, display, translate, summarize, modify, edit, publish, adapt, incorporate into other works and/or distribute them for any purpose, commercial or otherwise, without restriction and without compensation to you. Accordingly, your Submissions may be treated as non-confidential and non-proprietary (subject to Honest Showroom’s Privacy Policy). Please do NOT submit information you do not wish to assign to Honest Showroom or you do wish to retain as confidential or proprietary (for example patentable ideas, new content suggestions or business proposals).

Also, by your Submissions, you represent and warrant that the content is your own original content and that no other person has any rights thereto. You represent and warrant that your Submissions do not and will not violate any right(s) of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Submissions 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 this Website or any related website. You may not use false personal identification information, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of your Submissions. You are solely responsible for the Submissions you make and their complete accuracy.

Regarding Submission, Honest Showroom invokes Section 230 of the Communications Decency Act (47 U.S.C. § 230) (hereinafter “CDA”). Honest Showroom advises users of its Website that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist the customer in limiting access to material that is harmful to minors. Pursuant to the CDA, Honest Showroom takes no responsibility and assume no liability for any Submissions you make to us. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any third-party’s intellectual property rights or these Terms.

12. Disclaimer

ALTHOUGH Honest Showroom TAKES REASONABLE EFFORTS TO VERIFY THE CONTENT OF THIS WEBSITE, WE DO NOT REPRESENT OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE, USEFUL, TIMELY OR RELIABLE OR THAT THIS WEBSITE WILL OPERATE WITHOUT ERROR OR DISRUPTION. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE AND PRODUCTS OFFERED AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE CONTENT OF THIS WEBSITE OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, AND Honest Showroom EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED ON THIS WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO THE Honest Showroom WARRANTY, Honest Showroom MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS OR MALWARE FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

WE ARE NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY RELATED TO YOUR USE OF THIS WEBSITE. YOU AGREE TO RESOLVE ANY DISPUTES WITH THIRD PARTIES DIRECTLY WITH SUCH PARTIES, AND YOU AGREE NOT TO INVOLVE Honest Showroom IN ANY DISPUTE WITH THIRD PARTIES. YOU RELEASE Honest Showroom FROM ALL CLAIMS, DEMANDS AND DAMAGES RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES.

WE MAKE NO PROMISES AND DISCLAIM ALL LIABILITY FOR USE OF THIS WEBSITE OUTSIDE THE UNITED STATES AND CANADA.

13. Limitation of Liability

YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT, YOUR USE OF THIS WEBSITE, AND YOUR PURCHASE AND USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR PRODUCTS PURCHASED THROUGH THIS WEBSITE.

IN NO EVENT SHALL Honest Showroom OR ANY LICENSOR OF Honest Showroom, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY HARM, PERSONAL INJURY, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR INABILITY TO USE THIS WEBSITE, AND/OR THE PURCHASE AND/OR USE OF ANY PRODUCT. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR THESE TERMS, YOUR SOLE REMEDY AND EXPRESS OBLIGATION IS TO STOP USING THE WEBSITE. DO NOT MAKE ANY PURCHASES FROM THE WEBSITE. IN THE EVENT YOU FAIL TO STOP USING THE WEBSITE AND CLAIM SOME INJURY AS THE RESULT, YOU AGREE TO INDEMNIFY AND HOLD Honest Showroom HARMLESS FROM ANY AND ALL LOSSES OR DAMAGE, INCLUDING ATTORNEY’S FEES INCURRED BY Honest Showroom IN DEFENSE OF ANY ACTION INITIATED BY YOU OR A THIRD PARTY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. BY USING THIS WEBSITE OR TRANSACTING ANY BUSINESS WITH Honest Showroom, YOU EXPRESSLY AGREE TO THE JURISDICTION OF ARBITRATION PANELS AND COURTS OF THE STATE OF Florida AND THAT Florida LAW GOVERNS YOUR RELATIONSHIP WITH Honest Showroom.

14. Indemnification

You agree to defend, indemnify, and hold Honest Showroom (and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors) harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website, your breach of this Agreement or your violation of any law or the rights of a third-party. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15. International Use

Although this Site may be accessible worldwide, we make no representation that Products available on this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk. If you choose to access this Website and to purchase Products, you are responsible for compliance with local laws in your jurisdiction, including but not limited to protection of personal identification information and the taxation of products purchased over the Internet. Any offer for Product made in connection with this Website is void where prohibited. Honest Showroom reserves the right to refuse or rescind the purchase of Products from locations outside the United States. Where a purchase outside the United States is allowed to occur, Honest Showroom reserves the right to modify or void any or all refund and warranty policies.

16. Governing Law

This Site is controlled by Honest Showroom from our offices in West Palm Beach, Florida USA, and the statutes and laws of Florida and the United States shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Arbitration panels and Courts located in Florida with respect to any claim arising in any way out of your use of the Website, your purchase of any Products, your use of any Products, and/or your transaction of any business in any way with Honest Showroom.

Notwithstanding anything to the contrary, sales made outside the State of Florida or the United States are agreed by you to be made at your initiative and request and are not intended by Honest Showroom to be a voluntary submission to the personal jurisdiction of the courts in those locations.

17. Dispute Resolution Policy

For purposes of the Dispute Resolution Policy, a “Dispute” is defined as any controversy, claim, dispute, or difference arising between you and Honest Showroom out of or relating to this Agreement, the Products (including your use thereof), your transacting business with Honest Showroom in any way, or your use of the Website in any way.

Any Dispute shall be resolved solely and exclusively by arbitration to be held in Salt Lake County or Florida County, Florida with a single disinterested arbitrator and pursuant to Florida law. You expressly acknowledge that arbitration does not permit class action proceedings, and by entering into this Agreement, you expressly waive any right to participate in a class action proceeding, either as a representative, participant, or member, and you expressly agree to proceed in a non-class arbitration. Except as may be required to enforce an arbitration decision, you and Honest Showroom expressly waive any right to file any legal action in any other state or federal court or before any other tribunal, and any right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration.

18. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Ecommerce Compliance at the addresses set forth above. You agree to allow us to submit notices to you either through the email address provided, or to an address we have on record. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

19. Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

20. Savings Clause and Severability

If any part of this Agreement is held unlawful, void, invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Agreement, and the remaining portions shall remain in full force and effect.

21. No Waiver

Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision. Our rights and remedies under this Agreement is cumulative, and the exercise of a right or recovery of a remedy shall not limit or prevent our exercise of another right or recover another remedy allowed under these Terms.

Also incorporated into this Agreement by reference as if fully set forth herein are the following:

Honest Showroom PRIVACY POLICY

Honest Showroom RETURN/EXHANGE AND REFUND POLICY

Honest Showroom WARRANTY

ACCEPTANCE OF AGREEMENT.

You acknowledge that you have read, understand and agree to be bound by the terms of this Agreement which includes these Terms and Conditions, the Honest Showroom Privacy Policy, the Honest Showroom Return/Exchange and Refund Policy, and the Honest Showroom Warranty. This Agreement constitutes the entire and only agreement between you and Honest Showroom with respect to your access or use of the Website, your purchase of Products, and your transaction of business with Honest Showroom in any way, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings.

The content contained in this Agreement, and the analyses, opinions, research, and any other information provided by or through the Website, through Customer Support, or through any other agent of the Company may be updated or amended from time to time, in whole or in part, without specific notice to you. The latest terms of this Agreement will be posted on the Website. Your continued access or use of the Website, or receipt of new Products shall constitute your acceptance of all of the Terms and Conditions posted at the time of those specific transactions. You agree to regularly check the Website for such updates or amendments.

Honest Showroom’S PRIVACY POLICY

Last Updated August 14, 2017

At Honest Showroom , LLC dba Honest Showroom (referred to as “Honest Showroom,” “us,” “our” or “we”), we recognize that your privacy is important. Honest Showroom’s Privacy Policy (referred to as “Policy”) discloses the privacy practices for Honest Showroom’s family of websites (collectively referred to as the “Site”) related to the products and services offered to you on this Site (collectively referred to as the “Products”). This Policy covers how personal and other information that we receive or collect about you is treated.

The Website is intended for users from the United States and those not governed by privacy policies of other countries. DO NOT SEND US INFORMATION UNLESS YOU CONSENT TO THE APPLICATION OF U.S. LAW AND TO THE USE AND DISCLOSURE OF YOUR INFORMATION CONSISTENT WITH THIS PRIVACY POLICY.

Please carefully read the information below.

You acknowledge that this Policy is designed to be read in connection with the Terms and Conditions, and that by accessing or using our Site, you agree to be bound by the Terms and Conditions and this Policy.

We reserve the right to change this Policy from time to time. We will notify you about significant changes in the way we treat personal identification information (i) by sending a notice to the primary email address, if any, you provide to use, (ii) by placing a prominent notice on our site, and (iii) by updating any privacy information on this page. Your continued use of the Site to browse or purchase Products available through this Site, or to communicate with us, after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) your agreement to abide and be bound by the modified Policy(ies).

If you have any questions about this Policy, please contact us. Contact information is provided in the Terms and Conditions and is repeated below.

IMPORTANT: BY USING THE SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.

1. Types of Information We Collect

When you browse our Site, we automatically receive non-identifiable aggregate information about your computer’s internet protocol (IP) address and the type of computer and web browser you use. When you purchase Products from our Site as part of the buying and selling process, we collect the personal identification information you give us such as your name, address, email address, telephone number, and credit card payment information. We may also collect whatever types of information about you that you provide to us when you communicate with us.

On certain of our webpages we may allow third parties to collect your data for use in Interest-based advertising. We are committed to adhering to the Digital Advertising Alliance self-regulatory principles (“DAA Principles”) that govern best practices for Interest-based advertising. Consistent with DAA Principles, if you would like to opt-out from such third party data collection for use in Interest-based advertising, please visit the Digital Advertising Alliance Consumer Choice Page at www.aboutads.info/choices.

2. How We Collect and Use Information

Consent: We do not collect any information about you unless you voluntarily provide it to us by visiting our Site, completing a transaction on our Site for the purchase of our Products, or communicating with us. When you use our Site and engage in a transaction, you consent to our collecting and using your information to complete the payment, deliver purchased Products, communicate with you regarding the transaction, enhance the operation of our Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our product offerings, and customize our Site’s content, layout, and services. When you provide your personal contact information, such as your email address, you are given your affirmative consent to receive promotional communications from us. We may use this information to deliver newsletters, promotional offers and other useful information to you. If you change your mind after you provide your affirmative consent, you may withdraw your consent on the Site or by contacting us (see contact information below) with an unsubscribe notice. If we send you any commercial communication via email, we will also provide an unsubscribe mechanism therein. Please allow up to 10 days for us to process any unsubscribe request. Finally, we may use the information you provide to use to provide non-promotional notices, resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms and Conditions of Use, and this Policy.

Shopify Inc.: Shopify provides us with the online e-commerce platform that allows us to sell our Products to you over our Site. Some of your personal identification information is stored through Shopify’s data storage, databases and the general Shopify application. Your credit card information is never stored on our servers. We understand that Shopify stores your personal identification information on a secure server behind a firewall. Your personal identification information is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our Site and its service providers. For more insight, you may also want to read Shopify’s Terms of Service or Privacy Policy found at:

https://www.shopify.com/legal/terms and https://www.shopify.com/legal/privacy.

Third-Party Services: We have made contractual arrangements with affiliates, service providers, partners and other third parties (“Service Providers”). Our Service Providers may need to use some of your information in order to perform tasks between our respective sites and to deliver products or services to you or to us. For example, we must release your credit card information to the card-issuing bank to confirm payment for Products purchased on the Site, release your address information to the delivery service to deliver products that you ordered, and provide order information to third parties that help us provide customer service. Other Service Partners include third parties who operate and maintain our Site and provide marketing services. In general, the Service Providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to you or us. However, certain third-party Service Providers, such as payment gateways and other payment transaction processors, have their own privacy policies governing the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction other than either you or us. So if you elect to proceed with a transaction, then your information may become subject to the laws of the jurisdiction(s) in which that Service Provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. We will encourage our Service Providers to adopt and promote strong privacy policies. However, the use of your information by our Service Providers is governed by the respective privacy policies of those providers, and is not subject to our control. Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information we collect from you. We are not responsible for the policies or practices of third parties.

Outside Links. This Privacy Policy only applies to the Site. The Site may include links to the websites of our business partners, vendors, advertisers or other third parties. These other websites are outside of our control. Please be aware that these websites may collect information about you, and operate according to their own privacy practices which may differ from those contained in our Policy. Remember to consult that website’s own privacy policy, as once you are outside the Website, any information you submit is no longer in our control.

Sale of Business: If Honest Showroom or this Site is acquired or merged with another company, your information will be transferred to the new owners.

Disclosure: We will not sell, trade, or rent your information to others. However, occasionally we may be required by law enforcement or judicial authorities to provide your information to the appropriate governmental authorities. In such cases, we will disclose your information only to the extent necessary upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. We may disclose your information as necessary if you violate our Terms and Conditions of Use or this Policy.

3. Cookies

We will store cookies on your computer in order to collect certain data about our users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on your computer that uniquely identifies your browser. Cookies may also include more personalized information, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server, and your first name to welcome you back to our Site. We may use cookies to perform tasks such as: monitoring aggregate site usage metrics; storing advertising preferences that you have set; and personalizing the transaction-related services we make available to you.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.

4. Your Acknowledgment

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal identification information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

5. Age of Consent

You must be at least 18 years old to have our permission to use this Site to purchase Products. Our policy is that we do not knowingly collect, use or disclose information about minor visitors. If you use our Site to make a purchase, you represent that you are at least the age of majority under the laws of the jurisdiction of your place of residence or that you are the age of majority under the laws of the jurisdiction of you place of residence and you have given your consent to allow any of your minor dependents to use this Site to make a purchase. Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information about those we actually know are under 13.

6. California Resident Information Sharing Disclosure Requests

If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom the Company or any of our affiliates has shared the Personal Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at [[email protected]]. We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days.

7. International Users

If you use our Site from outside the United States to purchase Products you will be transferring data to us in the United States, and your use will constitute your unambiguous consent and agreement that the transfer is freely given in compliance with the laws of the country where you are accessing and using our Site. Prior to making a purchase, you may wish to consult a lawyer to determine your rights under applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. You have the right to not make a purchase and to stop using this Site, and to contact us to remove any personal identification information we may have received from you during your prior use of this Site.

8. Contact Information

If you would like to know what personal identification information we received from you, to correct, amend or delete that information, to register a complaint, or to simply receive more information about this Policy, please contact us at:

Honest Showroom , LLC, dba Honest Showroom Ecommerce Compliance 3601 N Federal Hwy Ste 7, Boca Raton FL 33431

[email protected]

 

AFFILIATE DISCLAIMER

WEBSITE DISCLAIMER

The information provided by Honest Showroom (“we,” “us” or “our”) on honestshowroom.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

EXTERNAL LINKS DISCLAIMER

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD­PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD­PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

 

Privacy
We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.

Electronic Communications
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. 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

No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.

If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

Copyright
Images of people, places and/or products posted on this Site are either our property or the property of our licensors. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, with “Marks” (as defined below), “Honest Review’s Content”) is our property or the property of our licensors, partners or affiliates, as applicable, and is protected by United States and international copyright laws. The compilation of this Site is our exclusive property and protected by United States and international intellectual property laws. Any unauthorized use of any content or materials on this Site 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 Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at [email protected]

Trademarks
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to us, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without our prior written consent, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

Limited License and Site Access
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

VII. Accounts, Forms, Registrations and Passwords

You represent and warrant that the information you provide to us upon creating an account or when signing up for our newsletters or other services on the Site, and at all other times, will be true, accurate, current, and complete.

You may choose to create an account by providing an e-mail address and password. 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 Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.

You agree to notify us immediately of any breach in secrecy of your log-in 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 us by e-mail at [email protected]

You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.

VIII. Feedback

We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

Content You Submit to Honest Review
From time to time, we may allow you to post comments, photos, or other information and materials on the Site (collectively, “User Content”). We welcome your comments regarding our Site or Site content; however, any User Content you submit on the Site must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties, including other Site users, and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By posting User Content on the Site, you hereby grant us an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world 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 User Content you post to the Site, for any purpose, including without limitation the promoting and marketing of our Site. You further grant us a royalty-free license to Use the name, image, and likeness of any person identifiable in any User Content you post to the Site. By posting any User Content, 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 User Content. Except for materials provided to you by us through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of User Content that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in your User Content as contemplated under the Terms, and (ii) the User Content you post to the Site 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 us to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

No Objectionable Content. You agree not to submit User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by us in our sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Monitoring. We have no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any User Content and remove, delete, redact or otherwise modify such User Content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display or post any User Content. Subject to our Privacy Policy, we reserve the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

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 Site infringe your copyright, you (or your agent) may send us 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 Site 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 us to locate the material on the Site;
Your name, address, telephone number, and e-mail 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; and
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 us 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 Site should be sent to 3601 N Dixie Hwy Ste 7, Boca Raton, FL 33431 or [email protected] 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.

Links to Other Websites
The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

XII. Use of Site

You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:

attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
frame or link to the Site without permission;
use data mining, robots, or other data gathering devices on or through the Site;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person or harass, abuse, or post objectionable material;
sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by these Terms;
use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to us or others; or
access the Site from a jurisdiction where it is illegal or unauthorized.
XIII. Disclaimer

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release us of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.

We make no promises and disclaim all liability of specific results from the use of the Site.

Released Parties Defined. “Released Parties” include us and our affiliates, officers, employees, agents, partners, and licensors.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

XIV. LIMITATION ON LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Woolly’s Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.

Dispute Resolution
These Terms and the relationship between you and us will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in New York County in the State of New York. You covenant not to sue us in any other forum.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Site, purchase of a Mattress, 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; AND
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
XVI. Termination

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.

XVII. We Reserve the Right to Update and Revise these Terms at Any Time

From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and 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 “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes. Your use of our website constitutes your acceptance of these Terms as amended or revised by us from time to time, and you should therefore review these Terms regularly to ensure that you are aware of its terms.

XVIII. Severability

If any of these Terms is be deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition.

XIX. Waiver

Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you 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 right or remedy.

Entire Agreement
These Terms constitute the entire agreement between the user and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

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