IMPORTANT – READ CAREFULLY. THESE TERMS AND CONDITIONS SET FORTH THE LEGAL AGREEMENT BETWEEN YOU AND DORMAE PRODUCTS, INC. D/B/A MILTON SLEEP COMPANY ("MILTON SLEEP COMPANY", "WE", "US" OR SIMILAR TERMS) RELATING TO (A) YOUR ACCESS TO AND USE OF THE SITE AND (B) YOUR PURCHASE OF ANY PRODUCTS. IN PARTICULAR, THESE TERMS AND CONDITIONS REQUIRE THAT ANY CLAIMS BETWEEN YOU AND US MUST BE RESOLVED BY BINDING ARBITRATION.
These terms and conditions (along with any additional document incorporated herein by reference, collectively, these "Terms and Conditions") govern (a) your access to and use of (i) our website located at [www.miltonsleepcompany.com], and (ii) any other website operated by us or our affiliates that links to or otherwise references that it is subject to these Terms and Conditions (each, the "Site") and (b) your purchase of our mattresses and other products offered by us through the Site (collectively, “Products”).
1. Acceptance of the Terms and ConditionsPlease read these Terms and Conditions carefully before you access or use the Site or purchase any of the Products. BY (A) CLICKING TO “ACCEPT” OR “AGREE” TO, OR TAKING ANY OTHER ACTION TO AFFIRM, THESE TERMS AND CONDITIONS WHEN THE OPTION IS MADE AVAILABLE TO YOU OR (B) ACCESSING THE SITE, WHICHEVER IS FIRST TO OCCUR, YOU AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, INCLUDING (I) OUR PRIVACY POLICY, (II) OUR 10-YEAR LIMITED WARRANTY AND OTHER ADDITIONAL PRODUCT LIMITED WARRANTIES AND (III) OUR 100-NIGHT COMFORT GUARANTEE, ALL OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE OR PURCHASE ANY OF THE PRODUCTS.
By accessing the Site, you represent and warrant that (a) you are of legal age to form a binding contract with us, (b) have read these Terms and Conditions, and (c) agree to be legally bound by these Terms and Conditions. If you do not meet all of these requirements, you must not access or use (and are not authorized to access or use) the Site or purchase any of the Products.
2. Accessing the SiteWe reserve the right to withdraw or amend the Site or any portion thereof at any time, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Site.
3. Registered UsersTo access the Site or some of the features or functionality it offers, you may be required to become a registered user by creating an account and providing certain registration and account information to us. It is a condition of your use of the Site that all registration and account information you provide to us is correct, current and complete, and you further agree to update such information so that it remains correct, current and complete. You agree that all information you provide to us through the Site (including registration and account information) is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree not to provide any other person with access to the Site using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
4. License to Use; Conditions and RestrictionsSubject to the terms and conditions of these Terms and Conditions, we grant to you a limited, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Site as made available by us for your personal use.
The foregoing license does not authorize you to, and you will not (directly or indirectly) (a) modify, edit, adapt, alter, translate, or create derivative works of any Content (as defined in Section 6 below), or reproduce, download, print, store, distribute, disseminate, display, perform, publish, or transmit any Content, except that (i) you may print a reasonable number of copies of a reasonable number of pages of Content displayed within the Site for your personal use and (ii) if we allow social media features or functionality with the Site, you may take such actions as are enabled by such features or functionality; (b) use the Site (including any Content) in any way (i) that violates any applicable laws, (ii) that infringes, misappropriates or violates any intellectual property rights, rights of publicity or rights of privacy of any person, or (iii) that is defamatory, libelous, unlawfully threatening or unlawfully harassing; (c) use the Site to send, knowingly receive, upload, download, use or re-use any User Contribution which does not comply with the Content Standards (as defined in Section 8 below); (d) use the Site to impersonate or attempt to impersonate any other person; (e) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other person's use of the Site, including their ability to engage in real time activities through the Site; (f) use any automatic process or means (e.g., robot, spider or other automated device) to access the Site for any purpose, including accessing, monitoring, copying, scraping, transmitting or otherwise using any of the Content for any unauthorized purpose; (g) use any device, software or routine that interferes with the proper working of the Site; (h) introduce any viruses, trojan horses, worms, logic bombs or other materials which are malicious or technologically harmful; (i) gain unauthorized access to, interfere with, damage or disrupt any portions of the Site or its systems (including any servers, databases or accounts), or attempt to do any of the foregoing; (j) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (k) otherwise attempt to interfere with the proper working of the Site. You further agree not to engage or assist any person to take any action that would violate these Terms and Conditions.
To the extent you are permitted above to make any copies of the Content, you are not authorized to, and you will not: (a) modify copies of Content or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of Content.
No right, title or interest in or to the Site or any Content is transferred to you, and all rights not expressly granted are reserved by us.
5. Products Eligible Purchasers and Delivery. Currently, we only offer Products for sale and delivery to residents of the contiguous United States.
Orders; Cancellation. You agree that your order is an offer to buy, under these Terms and Conditions, the Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Milton Sleep Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order prior to our shipment of the ordered Product (a) by completing the online cancellation process (if any) made available on the Site or (b) by sending an email with your notice of cancellation to our Customer Service Department at
customercare@miltonsleep.com. Your emailed notice of cancellation must contain the header “Order Cancellation” (or similar wording), along with your name and order number.
Prices. All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or, if applicable, any charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Payments; Third-Party Processors. You agree to pay the full purchase price, plus applicable taxes and other charges, at the time you place your order to purchase Products. The Site currently uses one or more third parties to process payments that you authorize in connection with purchasing Products. We will inform you of the methods of payment that our third-party payment processors permit while you are placing your order. You represent and warrant that (i) the credit/debit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit/debit card for the purchase, (iii) charges incurred by you will be honored by your credit card company/financial institution, and (iv) you will pay, and authorize your credit/debit card to be charged, the full purchase price, plus all applicable taxes and charges, at the time you place your order to purchase Products. If we do not receive full payment of amounts due at the time you place your order we may reject/cancel your order and/or exercise any other remedies available to us.
Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of Products to you. Any applicable shipping and handling charges will be will be itemized in your shopping cart and in your order confirmation email. We do not charge for standard shipping within the contiguous United States. Title and risk of loss to a purchased Product will pass to you upon our transfer of the Product to the carrier. You are responsible for any claims with carriers for damaged or lost shipments. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
100-Night Comfort Guarantee. Each Milton Sleep Company mattress Product comes with our 100-Night Comfort Guarantee. Details on our 100-Night Comfort Guarantee can be found at
https://miltonsleep.com/guarantee.
10-Year Limited Warranty; Additional Product Limited Warranties. In addition to our 100-Night Comfort Guarantee, we provide a 10-Year Limited Warranty on any Milton Sleep Company mattress Product that you purchase. Details on our 10-Year Limited Warranty can be found at
https://miltonsleep.com/limited-warranty. We may also offer limited warranties on other Products (each, an “Additional Product Limited Warranty”), and any such Additional Product Limited Warranty will be disclosed on (or linked from) the relevant Product’s product page on the Site and will be deemed incorporated by reference into these Terms and Conditions.
6. Intellectual Property RightsYou acknowledge and agree that the Site, and all text, images, displays, photos, video, audio, audiovisual works, data, information and other content (including the design, selection and arrangement thereof) made available on or through the Site (such content, the “Content”), are owned by us, our licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Milton Sleep Company™ is a trademark of Dormae Products, Inc. You must not use such mark or any of our other trademarks, without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners. The display of any third-party names, logos, product or service names, designs or slogans on the Site does not necessarily indicate any endorsement of or affiliation with us.
To the extent that you provide us with any suggestions, feedback or other information relating to our business, the Site, the Products or our business (including suggested new products or improvements to existing products) such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully transferable and sublicensable (through multiple tiers) right and license to reproduce, display, distribute, modify, prepare derivative works of, use and otherwise exploit such suggestions, feedback and information.
7. Interactive Services; Your User Contributions; Rights to Use; Etc.The Site may offer certain interactive features and functionality, including review and comment functions (collectively, "Interactive Services"), that allow users to post, submit, publish, display or transmit to the Site, other users or other persons (hereinafter, "post") text, images, displays, photos, video, audio, audiovisual works, data, information and other content (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the Content Standards (see Section 8 of these Terms and Conditions).
By providing any User Contribution on the Site, you grant to us a non-exclusive, worldwide, irrevocable, perpetual, royalty-free, fully transferable and sublicensable (through multiple tiers) license to reproduce, display, distribute, modify, prepare derivative works of, use and otherwise exploit the User Contribution. You represent and warrant that: (a) you have obtained all necessary rights and consents in and with respect the User Contributions in order (i) to use the User Contributions in connection with the Site (including full right and authority to submit and/or upload any User Contribution), and (ii) to grant to us the above license; and (b) all of your User Contributions do and will comply with these Terms and Conditions (including the Content Standards set forth in Section 8 of these Terms and Conditions). You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Milton Sleep Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
8. Content Standards; Monitoring and Enforcement; TerminationThe content standards set forth in this paragraph (collectively, the “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must not: (a) contain any information which is false, inaccurate or misleading; (b) contain any information which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, harmful to minors or otherwise objectionable; (c) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (d) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (e) violate the legal rights (including the rights of publicity and privacy) of others or contain any information that could give rise to any civil or criminal liability under any applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions or our Privacy Policy; (f) be likely to deceive any person; or (g) promote any illegal activity, or advocate, promote or assist any unlawful act.
We have the right to: (a) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site; and (e) terminate or suspend your access to all or part of the Site for any or no reason, including any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions on or through the Site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review any User Contribution before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
9. Copyright InfringementWe take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any User Contributions violate your copyright, you may request removal of those materials (or access thereto) from the Site by submitting written notification to our DMCA Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (vi) a statement that the information in the written notice is accurate; and (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers. You may send DMCA Notices to our designated DMCA Agent: by mail, at 1300 Blackjack, Lockhart, TX 78644, Attn: Clayton Monroe; or, by email, at
Clayton.Monroe@miltonsleep.com. The telephone number for our designated DMCA Agent is
(512) 398-2650, and our physical street address is 1300 Blackjack, Lockhart, TX 78644.
10. Reliance on InformationThe information available on or through the Site is made available solely for general information purposes. We may update the information available on or through the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the information available on or through the Site may be out of date at any given time, and we are under no obligation to update such information.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT: (A) ALL INFORMATION PRESENTED ON OR THROUGH THE SITE IS PROVIDED ON “AS IS” BASIS WITH “ALL FAULTS”; (B) WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO (I) THE ACCURACY, COMPLETENESS, RELIABILITY, EFFECTIVENESS, USE, OR RESULTS OF USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT; AND (C) ANY RELIANCE ON OR USE OF ANY INFORMATION PRESENTED ON OR THROUGH THE SITE BY YOU IS DONE SO AT YOUR OWN RISK.
11. Links to and from the Site and Social Media FeaturesYou may link to our Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send communications with certain content, or links to certain content, on the Site; (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided. You understand and agree that by activating such social media features, certain information may be shared between the Site and the applicable social media site you have selected. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
The Site may contain links (including through advertisements, banner ads, sponsored links and social media features) to other sites, resources and information provided by third parties (collectively, “Third Party Sites”). Links to these Third Party Sites are provided solely as a convenience to you, and the Third Party Sites are not a part of the Site. We do not operate, own or control the Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge and agree that your access to and use of the Third Party Sites is subject solely to the applicable terms and conditions of use (including privacy policies), if any, of the Third Party Sites. These Terms and Conditions (including our Privacy Policy) do not apply to any access to or use of any Third Party Sites by you. If you decide to access or use any Third Party Sites, you do so entirely at your own risk.
12. Information About You and Your Visits to the Site All information we collect in connection with your access to and use of the Site is subject to our Privacy Policy. By accessing or using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
13. Geographic RestrictionsWe (directly or through our third-party service providers) host or otherwise provide the Site in the United States of America, and the Site is intended for use by, and directed to, users located in the United States of America. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States of America. Access to and use of the Site may not be legal by certain persons or in certain countries. If you are a consumer accessing the Site from the European Union or other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States of America, please be advised that (i) you do so on your own initiative and are responsible for compliance with local laws and (ii) you are transferring your personally identifiable information to the United States of America and you consent to that transfer.
14. Disclaimer of WarrantiesPLEASE REFER TO OUR 10-YEAR LIMITED WARRANTY AND ADDITIONAL PRODUCT LIMITED WARRANTIES FOR SPECIFIC TERMS, CONDITIONS AND EXCLUSIONS APPLICABLE TO OUR LIMITED WARRANTY ON APPLICABLE PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THE 10-YEAR LIMITED WARRANTY OR ANY ADDITIONAL PRODUCT LIMITED WARRANTY, WE (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR AFFILIATES AND LICENSORS) DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE PRODUCTS, AND ANY OTHER GOODS, SERVICES, OFFERINGS, INFORMATION OR ITEMS (INCLUDING ANY CONTENT REGARDONG COMMERCIAL REAL ESTATE) MADE AVAILABLE BY OR THROUGH THE USE OF THE SITE (COLLECTIVELY, THE “OFFERINGS”), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THE 10-YEAR LIMITED WARRANTY OR ANY ADDITIONAL PRODUCT LIMITED WARRANTY, WE DO NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES AND/OR GUARANTEES REGARDING (I) THE OFFERINGS (INCLUDING THE USE OF OR THE RESULTS OF THE OFFERINGS) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, AVAILABILITY, SECURITY, COMPLIANCE WITH APPLICABLE LAWS OR OTHERWISE, OR (II) WHETHER THE OPERATION OF THE OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation on LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THE 10-YEAR LIMITED WARRANTY OR ANY ADDITIONAL PRODUCT LIMITED WARRANTY, IN NO EVENT WILL WE (INCLUDING, FOR PURPOSES OF THIS SECTION, OUR AFFILIATES AND LICENSORS) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES FOR LOSS OF REVENUE OR PROFIT, LOSS OF DATA, OR LOSS OF TIME OR BUSINESS, ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND/OR THE OFFERINGS, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THE 10-YEAR LIMITED WARRANTY OR ANY ADDITIONAL PRODUCT LIMITED WARRANTY, OUR TOTAL MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND/OR THE OFFERINGS, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE GREATER OF (I) THE PURCHASE PRICE YOU PAID TO US FOR ANY PURCHASED PRODUCT(S), LESS THE AMOUNT OF ANY AND ALL CLAIMS, DAMAGES OR LIABILITIES PREVIOUSLY PAID BY OR ON BEHALF OF US TO YOU AND (II) US$100. NO ACTION, SUIT OR PROCEEDING AGAINST US MAY BE BROUGHT MORE THAN ONE YEAR FOLLOWING THE DATE UPON WHICH THE CLAIM FIRST AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Governing LawALL MATTERS RELATING TO THE SITE, THE PRODUCTS, THESE TERMS AND CONDITIONS AND ANY DISPUTE OR CLAIM ARISING THEREFROM OR RELATED THERETO (IN EACH CASE, INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS) WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF TEXAS OR OTHERWISE). SUBJECT TO THE PROVISIONS OF SECTION 17 (BINDING ARBITRATION AND CLASS ACTION WAIVER) BELOW, ANY LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, THE SITE, THE PRODUCTS, OR ANY OF THE OTHER OFFERINGS SHALL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF TEXAS, IN EACH CASE, LOCATED IN AUSTIN, TEXAS, U.S.A. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.
17. Binding Arbitration and Class Action WaiverWe are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
You agree to give us an opportunity to resolve any disputes or claims in any way arising out of or relating to these Terms and Conditions (including our Privacy Policy, 10-Year Limited Warranty, Additional Product Limited Warranties and 100-Night Comfort Guarantee), the Site, the Products, any of our other Offerings or any dealings with our representatives (collectively, “Claims”) by contacting us at
customercare@miltonsleep.com. If we are not able to resolve your Claims within 60 days, then you may seek relief through arbitration or in small claims court, as set forth below.
Any and all Claims will be resolved by binding arbitration, rather than in court, except you or Milton Sleep Company may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us or our affiliates. This also includes any Claims that arose before you accepted our Terms and Conditions, regardless of whether prior versions of the Terms and Conditions required arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce our Terms and Conditions as a court would.
Arbitrations will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The AAA’s Consumer Arbitration Rules are available at HYPERLINK "http://www.adr.org" www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules, except as provided in this section. If you are an individual and your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your Claims are frivolous. You may choose to have an arbitration conducted by telephone, based on written submissions or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to [General Counsel - Arbitration Claim, c/o Milton Sleep Company, 1300 Blackjack, Lockhart, TX 78644. If we request arbitration against you, we will give you notice at the email address or street address you have provided. A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at HYPERLINK "
https://www.adr.org/" www.adr.org or at any AAA office.
Any and all proceedings (whether in arbitration or court) to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration you and Milton Sleep Company each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction. Anything to the contrary notwithstanding, you and Milton Sleep Company each agree that you or Milton Sleep Company may bring suit in any court of competent jurisdiction to enjoin any infringement or other misuse of intellectual property rights.
18. MiscellaneousNo waiver by us of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by an arbitrator or a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Each instance in these Terms and Conditions of the words
"include," "includes," and "including" will be deemed to be followed by the words "without limitation." As used in these Terms and Conditions, the term "days" means calendar days, not business days, unless otherwise specified. All headings or section divisions contained in these Terms and Conditions are for reference purposes only and will not be construed to affect the meaning or interpretation of these Terms and Conditions.
You shall not assign or otherwise transfer these Terms and Conditions, or any of your rights or obligations hereunder, in any manner whatsoever, without our prior written consent. Any attempted assignment or transfer of this Agreement by you in violation of the foregoing will be void. We may assign and transfer this Agreement, and any of our rights and obligations hereunder, without restriction. Subject to the foregoing, these Terms and Conditions will be binding on the parties and their respective successors and assigns.
We will not be liable for any failure or delay in performance resulting from any event beyond our reasonable control, including due to fire, flood, action or decree of civil or military authority, insurrection, act of war, vandalism, terrorism, hackers, denial of service attacks, labor disputes or shortages, material shortages, power outages, failure of internet connections, failure of suppliers, or embargo.
19. Changes to the Terms and Conditions We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. However, any changes to the dispute resolution provisions set forth in Section 17 (Binding Arbitration and Class Action Waiver) will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Site. Your continued access to or use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes, so please check this page periodically for updates.
20. Entire AgreementThese Terms and Conditions (including our Privacy Policy, 10-Year Limited Warranty, Additional Product Limited Warranties and 100-Night Comfort Guarantee) constitute the sole and entire agreement between you and Milton Sleep Company with respect to the Site, any Products and any other Offerings and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the same.
