Terms and Conditions

Terms & Conditions

 

These Terms of Use (the “Terms”) govern your access to and use of websites and services (the “Services”) provided Solay , LLC (“Solay” or “we” or “us”). If you do not agree to these terms, you may not use the services.

 

1. Use of Services. These Terms constitute a legally-binding agreement between Solay and you. By using the Services you agree to be bound by and comply with these Terms. You may only use the Services in compliance with these Terms. This Agreement may be modified at any time by Solay upon posting of the modified agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

 

2. Privacy.Please refer to ourPrivacy Policy to learn about how we collect and use information from and about you. The Privacy Policy is part of these Terms.

 

3. Ownership. The Services and all content and all intellectual property rights to the same (including trademarks, service marks, trade names, trade dress), that appear in connection with the Services, are owned by or licensed to Solay.

 

4. Terms of Sale. The terms of sale for all products and mattresses purchased through the Services (collectively, the “Products”) are governed by these Terms, the [WARRANTY], and the [RETURN POLICY].

 

5. Indemnification. You agree to indemnify, defend and hold Solay from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with any actual or alleged violation or breach of any of the representations, warranties, agreements or promises made by you in these Terms.

 

7. Audience. This Website is not intended for persons under the age of 18. By agreeing to these Terms, you are representing to us that you are at least 18 years old.

 

8. Waiver.Our failure partially or fully to exercise any of our rights, or our waiver of any violation of these Terms, shall not prevent our later exercise of such right and shall not constitute or indicate our waiver of any subsequent breach. 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.

 

9. Disclaimers.THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS STATED HEREIN, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

 

10. Use of Information.The Company reserves the right, and you authorize the Company, to use all information provided by you in any manner consistent with our Privacy Policy. Except as provided for in our Privacy Policy, any suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. The Company and its affiliates may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. The Company will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, or otherwise. The Company reserves the right to remove any or all User Communications that includes any material the Company deems inappropriate.

 

11. Trademarks.Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of the Company or its affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of the Company or such other owner.

 

12. Limitation on Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM THE COMPANY IS IN ACCORDANCE WITH COMPANY'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.

 

13. Additional Information. If you need additional information regarding the Terms and Conditions or have any questions or comments, please contact Solay.