PILLOW ANYWHERE’S TERMS AND CONDITIONS OF USE
Last Updated March 15, 2017
- Acceptance of Terms
Mo-Ris LLC (referred to as “Mo-Ris”, “us,” “our” or “we”), provides the pillowanywhere.com website (referred to as the “Site”) for your use in browsing and purchasing the Pillow Anywhere products described on the Site (collectively referred to as “Products”), subject to your compliance with the following Terms and Conditions of Use (“Terms”). Please take time to read these Terms carefully because by using the Site to browse, learn about and purchase any of the Products, you will be agreeing to be bound by these Terms. If you choose not to be bound by these Terms, then please exit and stop using the Site.
We reserve the right to change these Terms from time to time without prior notice to you. You can know if these Terms have been changed by referring to the date at the top of these Terms You acknowledge and agree that it is your responsibility to periodically review these Terms. Your continued use of this Site after such changes will constitute acknowledgement and acceptance of the modified Terms. You should review these Terms regularly for any changes. All questions, inquiries or notices should be directed to:
Mo-Ris is making this Site available solely for the purpose of enabling you to browse and purchase the Products described on this Site. 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 Site or Products available to you for purchase on this Site, please contact us. By using this Site to purchase Products, you agree you will use the Products only for personal use and not for any illegal or improper purpose.
Mo-Ris 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.
- Eligibility for Use
This Site is not intended for and is not directed to persons less than 13 years of age. IF YOU ARE UNDER 13, PLEASE DO NOT USE THIS SITE AT ANY TIME FOR ANY PURPOSE.
- Use of this Site
All of the content and material used in constructing this Site and that you see and hear on this Site is subject to United States and international copyright, trade dress, trademark and/or other intellectual property laws and rights held by us. Use of any content or material on this Site that is not authorized in writing by us is strictly prohibited and may subject you to liability.
For purposes of these Terms, “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 Site and is owned by us. You are granted the limited permission to use this Site only as stated in these Terms.
This Site 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 Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Site or of any related website, other websites, or the Internet; (h) to collect or track the personal identification information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Site or any related website, other websites, or the Internet. You may NOT resell or make commercial use of this Site, any of its content or any of the Products. You may NOT modify, adapt, translate or convert into another form any portion of this Site. You may NOT copy, reproduce, download, display, perform, transfer, transmit or publish any of the content of this Site by any means or in any form, other than for your own personal use. You may NOT access this Site from any jurisdiction where doing so would be illegal. You agree to use this Site 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 Site, 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 Site 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 Site by others, including but not limited to uses for commercial purposes, please notify us.
- Payment and Shipping
The prices for the Products are displayed on the Site, and we 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. All transactions will be in US 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.
You agree to provide current, complete and accurate information for all purchases made using this Site. 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. 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 Pillow Anywhere Return/Exchange and Refund Policies which by this reference is incorporated into these Terms. You are encouraged to carefully read the Pillow Anywhere Return/Exchange and Refund Policies as part of these Terms.
- Refund and Warranty
The Pillow Anywhere Warranty sets forth our refund and warranty policies, and by this reference The Pillow Anywhere Warranty is incorporated into these Terms, and there is no guarantee or warranty that is not provided therein. You are encouraged to carefully read The Pillow Anywhere Warranty as part of these Terms.
The Pillow Anywhere Warranty is applicable only for purchases made from the United States for Products shipped to a location for use inside the United States. For any purchases allowed from other locations or for shipments and use outside the United States, The Pillow Anywhere Warranty shall not apply, except as otherwise expressly stated in writing by us and which policies may be modified or voided in our discretion.
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 agree that your Submissions 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 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 Site 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. We take 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.
- Digital Millennium Copyright Act
Mo-Ris has not taken and will not take content from you or any third party unless it has been assigned to us in accordance with these Terms. However, if you are a copyright holder and have a good faith belief that any content or materials posted on this Site 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 Site 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 our site without liability to you or any other party.
ALTHOUGH MO-RIS TAKES REASONABLE EFFORTS TO VERIFY THE CONTENT OF THIS SITE, WE DO NOT REPRESENT OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE, USEFUL, TIMELY OR RELIABLE OR THAT THIS SITE WILL OPERATE WITHOUT ERROR OR DISRUPTION. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS SITE AND PRODUCTS OFFERED AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE CONTENT OF THIS SITE OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
WE MAKE NO PROMISES AND DISCLAIM ALL LIABILITY FOR USE OF THIS SITE OUTSIDE THE UNITED STATES. WE ARE NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY RELATED TO YOUR USE OF THIS SITE. YOU AGREE TO RESOLVE ANY DISPUTES WITH THIRD PARTIES DIRECTLY WITH SUCH PARTIES, AND YOU AGREE NOT TO INVOLVE US IN ANY DISPUTE WITH THIRD PARTIES. YOU RELEASE MO-RIS FROM ALL CLAIMS, DEMANDS AND DAMAGES RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MO-RIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED ON THIS SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT; (B) WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO THE PILLOW ANYWHERE WARRANTY, MO-RIS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OR OFFERINGS USED, OBTAINED OR PURCHASED FROM THE SITE FROM US WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (v) ANY ERRORS IN THE SITE 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.
- Limitation of Liability
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Products purchased on the Site.
IN NO EVENT SHALL MO-RIS OR ANY LICENSOR OF MO-RIS, 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 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 SITE OR INABILITY TO USE THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES
REGARDING OUR PRODUCTS OR THE CONTENT OF THIS SITE. IF YOU ARE DISSATISFIED WITH THIS SITE, ANY CONTENT ON THIS SITE, OR THESE TERMS, YOUR SOLE REMEDY IS TO STOP USING THE SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold Mo-Ris (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 Site, your breach of these Terms 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.
- Miscellaneous Provisions
International Use. Although this Site may be accessible worldwide, we make no representation that Products available on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and at their own risk. If you choose to access this Site 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 Site is void where prohibited. Mo-ris 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, Mo-Ris reserves the right to modify or void any or all refund and warranty policies.
Governing Law. This Site is controlled by us from our offices in Edmond, Oklahoma USA, and the statutes and laws of Oklahoma and the United States shall be controlling, without regard to the conflicts of laws principles thereof. You agree not to bring any proceeding against Mo-Ris in any other jurisdiction other than in Oklahoma County, State of Oklahoma, and you agree to the transfer of any foreign proceedings to the State of Oklahoma. Notwithstanding anything to the contrary, sales made outside the State of Oklahoma or the United States are agreed by you to be made at your initiative and request and are not intended by Mo-Ris to be a voluntary submission to the personal jurisdiction of the courts in those locations.
Transfer of Ownership. The transfer of ownership of all Products purchased and paid for through your use of this Site occurs at the point of shipment when the Products are delivered to a shipper. 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.
Notices. All notices to a party shall be in writing and shall be made via email. 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 these Terms 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.
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 Site 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.
Savings Clause. If any part of these Terms 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 Terms, and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. Our rights and remedies under these Terms 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.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by your use of any other document. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.