Terms & Conditions
TERMS AND CONDITIONS OF USE
The following Terms and Conditions (the “Terms”) govern your access and use of all portions of ABedderBed LLC’s (“ABedderBed”) website(s) including, without limitation, www.goodnyte.com, and all content provided therein (the “Website”).
Acceptance of Terms and Conditions
By accessing or using the Website you agree to be legally bound by the Terms. If you do not agree to all of the Terms, you should not access or use the Website, or use or obtain the products and services provided through the Website. If you are under 18 years of age, you are required to inform your parent or guardian of the Terms before you register to use the Website or obtain the products and services provided through the Website.
Modification of Terms
The Website and Terms may be amended by ABedderBed from time to time in the sole discretion of ABedderBed. ABedderBed will provide contextually appropriate notifications of amendments on the Website, for an appropriate period of time. Such amended Terms shall be effective upon posting. By using this Website and agreeing to these Terms, you agree to monitor the Website for possible future amendments to the Terms and cease use of the Website if such amendments are unacceptable to you. By continuing to access or use the Website after amended Terms are posted, you will be deemed to have accepted such amendments. It is also recommended that you regularly review the Terms to be sure you are familiar with those that are most current.
Access at ABedderBed’s Sole Discretion
ABedderBed reserves the right to restrict, refuse, or terminate access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
Disclaimer and Limitation of Liability
All information contained on and material obtained by you on the Website is provided “As Is” for use at your own risk. ABedderBed disclaims to the fullest extent permitted by law any warranties and representations of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for any purpose and accuracy. ABedderBed makes no representation that: (i) the Website will meet your needs and requirements; (ii) the Website will be uninterrupted, timely, secure, or error free; or (iii) the results that may be obtained from the use of the Website (including any information and materials on the Website) will be compliant, correct, complete, accurate or reliable.
TO THE FULLEST EXTENT PERMITTED BY LAW IN YOUR JURISDICTION, IN NO EVENT SHALL ABedderBed LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED AND/OR OBTAINED THEREON.
You agree not to use the Website or any ABedderBed product in any manner other than its intended purpose. You further agree not to use the Website or any ABedderBed product in any manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law. You agree to indemnify, defend, and hold harmless ABedderBed from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your violation of these Terms, with ABedderBed having the exclusive right to control such defense, including the selection of counsel.
You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website, if any, for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any submissions made by them.
Third Party Content
ABedderBed is not responsible for the content of any website owned by a third party that may be linked to the Website. Any link to another site is not an endorsement of such other site or content therein and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any such third-party site.
All intellectual and/or other proprietary rights, including but not limited to all trademarks, copyrights and other material, in or disclosed on, the Website and the products sold herein is, as between you and ABedderBed, owned by ABedderBed. Any copying of the content provided on the Website other than for your own personal, non-commercial use, without written permission from ABedderBed, is strictly prohibited.
Anything posted or submitted to ABedderBed whether on the Website, on the blog or via any form of social media, including by submitting an image to your social media account using any ABedderBed branded hashtag, will be treated as public and non-proprietary. By submitting photos, comments, or other materials to ABedderBed, you grant ABedderBed a royalty free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions, and all components thereof. In addition, when you post photographs, reviews or comments to the Website or any of ABedderBed’s social media networks, you grant ABedderBed the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to ABedderBed.
Registration and Purchase Eligibility, Orders and Pricing
The purchase of merchandise through the Website is strictly limited to customers who can lawfully enter into and form contracts on the internet in accordance with the laws of the State of New Jersey. In order to make purchases on the Website you will be required to register. In connection with same, you agree to provide information that is true, accurate, current, and complete in all respects.
All purchases are subject to availability and, in certain instances, quantity and other limitations set by ABedderBed. The prices shown on the Website are in US Dollars and are exclusive of taxes. Prices are subject to change in response to currency exchange rate changes, markdowns, and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted. Local sales tax will be charged to all orders based upon the shipping address entered.
Once you have placed your order with ABedderBed, you will receive an email acknowledging your order. This email is not an acceptance of your order, just a confirmation that ABedderBed has received it. Completion of your order will be fulfilled when ABedderBed dispatches the goods to you, at which time you will receive a second email containing your tracking information and confirmation of dispatch.
ABedderBed reserves the right to deny and or cancel your order at any time and for any reason, at ABedderBed’s sole and absolute discretion.
Returns, Refunds and Exchanges
All mattress returns must be requested by the customer ABedderBed within one hundred (100) calendar days from the day you receive your shipment for a full refund. Pillow and foundation returns must be requested within sixty (60) calendar days of receipt by the customer and will be subject to a full refund upon receipt of the return. ABedderBed Adjustable bases are not subject to return, except in the case of a defective product. Returns that are damaged, soiled, or are missing tags will not be accepted and will be returned to the customer.
You authorize ABedderBed to deliver your ordered products to the shipping address without obtaining a signature and release and indemnify ABedderBed from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
Jurisdiction for Disputes
These Terms shall be construed in accordance with the laws of the state of New Jersey and any disputes concerning the same or any of the information or materials on the Website shall be resolved in the courts of New Jersey.
No Confidentiality of Submissions by You Except as Required by Law
Except with respect to certain information provided by you to make a purchase on the Website, and except as otherwise required by law, any information submitted by you on the Website is not considered and will not be treated as confidential.
ABedderBed may collect both personal information about you as well as information regarding your visit to the Website. ABedderBed collects this information at various points during your visit to the Website including, for example, when you create or manage your ABedderBed account, when you navigate the Website, when you purchase products and/or services, when you contact ABedderBed customer service, and when you subscribe to ABedderBed newsletters, promotions, sweepstakes, contests, and surveys.
Personal information is data specifically about you, which you typically provide on a voluntary basis, and is used to enable ABedderBed to provide the specific product or service you have requested. Personal information includes, among other information, your name, email address, mailing address, billing address, and telephone number.
Unless we expressly state otherwise, ABedderBed may use your personal information for a number of different reasons, including processing your product orders, communicating with you, advertising and marketing purposes, and otherwise improving our services.
ABedderBed will not sell personal information or information regarding your visit to the Website to any third party. ABedderBed may establish business relationships with other persons or entities whom we have determined to be trustworthy. With such partnerships, your information may be shared carefully and sensibly to enhance your shopping experience. These third-party organizations include data processing companies, advertising agencies, and credit reference or fraud prevention agencies. Although we carefully select third-party partnerships, ABedderBed does not own or control the third party’s content or policies.
ABedderBed may also disclose your information: (1) if we determine a violation of the Terms has occurred; (2) if we believe such disclosure is necessary to identify, contract or bring legal action regarding injury or interference with the rights of ABedderBed; (3) to respond to legal process or as otherwise required by law; and (4) to assist us in fraud prevention or investigation.
All credit/debit card transactions on the Website are processed using third-party payment processing companies. ABedderBed has no control over these companies and therefore cannot guarantee the security of their use and/or storage of your personal information.
ABedderBed takes reasonable care to maintain appropriate safeguards to ensure security and privacy of the information you provide us. ABedderBed is also committed to maintaining the highest levels of security and privacy against fraud. ABedderBed ventures to employ security technologies to ensure that your credit card information, contact information and shipping/billing information are confidential and safe. Unfortunately, however, no data transmission over the internet can be guaranteed to be 100% secure. As a result, ABedderBed does not guarantee or warrant the security of any information you transmit to or from the Website. To further ensure security and privacy, it is important for you to protect against unauthorized access to your password and to your computer.