Last Modified: December 13, 2013
These General Terms and Conditions of Use ("Terms") for www.BeddingTrends.com (and all corresponding domains, subdomains and web pages thereof) (the “Website”) are entered into by and between you and Torrey Commerce, Inc. (“Torrey”, “we”, “us” or “our”). In consideration of your use of and access to the Website, and intending to be legally bound, you hereby agree to all of the terms and conditions set forth herein and agree that your access to and use of the Website is subject to these Terms, as well as any modifications issued by us to these Terms, and all applicable laws, rules and regulations. BY USING THE WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Website.
Among other things, the Website provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by us in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
We shall have right at any time and without prior notice, at our sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Website. You are responsible for reviewing the Website periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by us to these Terms. ANY ACCESS OR USE OF THE WEBSITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than us shall be valid or enforceable against us unless expressly agreed to by us in a writing signed by a duly authorized officer.
These Terms are effective until terminated by us. We may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Website and the restrictions imposed on you with respect to the Content (as defined in Section 5 below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. We shall also have the right without notice and at any time to terminate, discontinue, cancel, remove and/or deactivate the Website or any portion thereof, or any products or services offered through the Website, or to terminate any individual's right to access or use the Website or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and your purchase of the items from the Website.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, information and other material provided on the Website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically stated as such. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or licensed by third parties. You may view and use the Content only for your personal information and for shopping and ordering on the Website, and for no other purpose, and you shall must not alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Website. Except as provided in the foregoing, you shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on, associated with or transmitted through the Website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in writing signed by a duly authorized officer of us, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet sites operated by third parties, including third party vendors, do not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by us, and we are not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices; Orders
All prices displayed on the Website are quoted in U.S. dollars. We may restrict delivery to addresses within the United States and Canada, or as otherwise determined in our sole discretion, at any time for any reason. We will add shipping and handling fees and applicable sales/use and other taxes and charges, as applicable. We reserve the right without prior notice to discontinue or change specifications and prices on products and services offered on the Website without incurring any obligation to you. Products displayed on the Website are available while supplies last. Descriptions of, or references to, products or services on the Website do not imply endorsement of that product or service, or constitute a warranty by us. The receipt by you of an order confirmation does not constitute our acceptance of an order. Prior to our acceptance of an order, verification of information may be required. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the incorrect price.
8. Disclaimer and Limitation of Liability as to the Website and Content
NEITHER TORREY NOR ITS AFFILIATES, INCLUDING THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, MANUFACTURERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS (COLLECTIVELY, “WEBSITE PARTIES”) MAKE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF THE WEBSITE OR THE CONTENT, ANY OTHER INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. THE WEBSITE PARTIES DO NOT WARRANT, GUARANTEE OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT, MATERIALS AND INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTY, GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, SECURITY OR ACCURACY. THE "AS IS" AND “AS AVAILABLE” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH, OCCURRING IN CONNECTION WITH OR AS A RESULT OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE WEBSITE PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OF THE WEBSITE AND ITS CONTENTS, ANY LINKED SITE OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE IN CONNECTION THEREWITH, INCLUDING THE MANUFACTURE, DISTRIBUTION, SALE OR USE OF THEREOF, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT THE WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES.
You further understand and acknowledge the capacity of the Website, in the aggregate and for each user, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that the Website Parties assume no liability, responsibility or obligation to transmit, process, store, receive, fulfill or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of the Website for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in there Terms may not apply to you.
9. Disclaimer and Limitation of Liability as to All Products and Services
We want you to be completely satisfied with your purchase from the Website. If for any reason you are not entirely pleased with a product you purchased on the Website, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
THE PRODUCTS AND SERVICES SOLD ON THE WEBSITE MAY BE SUBJECT TO APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, THE WEBSITE PARTIES MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES WITH RESPECT TO ANY PRODUCT OR SERVICE ON THE WEBSITE, WHETHER SOLD, OFFERED FOR SALE OR OTHERWISE MADE AVAILABLE ON OR IN CONNECTION THEREWITH. EXCEPT AS EXPRESSLY STATED HEREIN, (A) THE WEBSITE PARTIES EXPRESSLY DISCLAIM ALL (AND DO NOT MAKE ANY) WARRANTIES, GUARANTEES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO ANY PRODUCT OR SERVICE ON THE WEBSITE AND (B) ALL PRODUCTS AND SERVICES ON THE WEBSITE CONTENT, INCLUDING ANY MATERIALS AND INFORMATION ASSOCIATED THEREWITH, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITH NO WARRANTY, GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, QUIET ENJOYMENT OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, SECURITY OR ACCURACY. THE "AS IS" AND “AS AVAILABLE” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH, OCCURRING IN CONNECTION WITH OR AS A RESULT OF WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE WEBSITE PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ANY PRODUCT OR SERVICE MADE AVAILABLE IN CONNECTION WITH THE WEBSITE, INCLUDING THE MANUFACTURE, DISTRIBUTION, SALE OR USE OF THEREOF, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT THE WEBSITE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE WEBSITE PARTIES’ LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in there Terms may not apply to you.
You agree to defend, indemnify, and hold harmless the Website Parties and any affiliated parties from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs) and expenses, arising out of or relating to your breach of these Terms or your access to or use of the Website, including the purchase or availability of any products or services made available in connection therewith. The foregoing indemnification obligation shall survive termination of these Terms.
11. Law and Forum
These Terms are governed by the laws of the State of California except for its choice of law provisions. User acknowledges that any dispute arising out of these Terms shall be brought in the federal or state courts of California.
Certain trademarks, trade names, service marks and logos used or displayed on the Website are registered and unregistered trademarks, trade names and service marks of their respective owners, including, but not limited to, BeddingTrends Brands LLC and its affiliates. Nothing contained on the 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 the Website without the written permission of Torrey or such third party owner.
13. Inappropriate Material
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that the Website Parties may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action reasonably deemed necessary to cure or prevent the violation, including without limitation, the immediate removal from the Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
14. User Information
15. BeddingTrends Brands LLC is an intended and express third party beneficiary with a direct right of action and the right to enforce the terms and conditions contained therein, against any applicable user or other third party.
16. Offers and Promotions
Offers and Promotions (“Coupons”) featured on the Website are subject to change at our discretion. Coupons may only be redeemed on the Website toward the purchase of products listed in our online catalog. Please note that a minimum purchase value may apply which is exclusive of postage and handling. Coupons cannot be used to pay for Gift Certificates. Coupons may not be combined with other offers or Coupons and may exclude certain brands and items. Coupon inclusion items are explicitly marked on each merchandise descriptions. Coupons cannot be used retrospectively, i.e. applied to orders already placed, and may be subject to expiry date and other offer restrictions.