Terms of Service

Effective Date: March 1, 2024

Welcome to Willow, a personalized sleep service that transforms your sleeping experience. Sleep Inc. DBA Willow (“Willow,” "sleepwillow.com," “we,” “us,” or “our”) offers a personalized sleep solution that provides access to carefully selected pillows tailored to your unique sleep style and preferences. The following terms and conditions (the “Terms of Use” or “Terms”) serve as a binding agreement between you and us, governing your use of the website located at www.sleepwillow.com (the “Site”), our mobile application(s) entitled “Willow” (the “App”), the services offered through the Site and App, and any orders that you place for our products (collectively, the “Services”).

Please take the time to read these terms of use carefully. By creating an account, ordering our pillow selections (a “Pillow Pack”), purchasing our products, using the Services, or otherwise indicating your agreement to these Terms, you are bound by this agreement and represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into this agreement (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access or use the Services or place an order for our products.

Please note that these Terms of Use are subject to occasional revision. Changes will be posted on our website at www.sleepwillow.com/terms and the “Last Updated” date below will reflect the revised version. We may also notify you of certain changes by sending you an email to the address associated with your account. It is your responsibility to ensure that your email address is current, which you may do when creating your account or by updating your information while logged in to your account. For existing users of our Services, any changes to these Terms of Use will be effective thirty (30) calendar days following the date of posting on our Services. These changes will be effective immediately for new users. Continued use of our Services, including ordering and purchasing our products, signifies your acknowledgment of such changes and agreement to be bound by the updated terms and conditions. We recommend checking www.sleepwillow.com/terms regularly to stay informed of the current Terms.**

Types of Users

You may simply browse the Site or App as a visitor or you may create an account (“Account”) to become a client (“Client”). You must be a Client to order Pillows and purchase Products.

Accounts

To become a Client, you must provide your name, email address, and other requested registration information (“Account Information”). Alternatively, you can create an Account and become a Client using your valid social networking service (“SNS”) account, by entering your SNS credentials and connecting to the Services. In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We may also ask you for additional information about you, including your gender, health around your sleep, sleep habits, and sleep preferences in order to establish your sleep profile (“Sleep Profile”). 

Please keep your Account Information, including your password, confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. Please notify us immediately if you become aware that your Account Information is being used without authorization.

We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Client. If we later discover or suspect that a person under 18 years old has created an account, we reserve the right to take steps to cancel that account.

We created interfaces that allow you to connect with SNS’s such as Facebook or Google through the Services. By granting us access to your SNS account, you understand that, subject to privacy restrictions, we may access, make available, and store any information that you have made available to us through your SNS account (“SNS Content”) so that it is available on your Account. Unless otherwise specified in the Terms of Use, all SNS Content will be deemed Your Content (as defined below). Please note that if an SNS account or associated service becomes unavailable or the Services’ access to such SNS account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services and you may have difficulty accessing the Services. You can revoke our access to any SNS at any time by disconnecting your SNS account via your Account. Please note that your relationship with each SNS is governed solely by your agreement(s) with such SNS, and we disclaim any liability for personally identifiable information that may be provided to us by an SNS in violation of the privacy settings that you have set in the SNS. We make no effort to review any SNS Content for any purpose, including without limitation for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

Shipping, Returns, and Exchanges

Pillow Pack Shipments: Upon signing up for our personalized sleep service, Willow, you will receive a carefully curated selection of pillows chosen by either our sleep expert or an system which has been programmed to select based on sleep science and experts inputs. The specific ship date will be determined at our discretion, taking into account factors such as inventory, location, and automatic shipping preference. Customers may but are not guaranteed to have the option to select specific pillows to be included in their Pillow Pack. Upon receipt of the Pillow Pack, customers may enjoy the pillows and decide to keep all, some, or none of the pillows. There are no refunds. Returning unwanted pillows is not required or expected. Anything sent back will be considered a donation and charged a return fee.

Direct Purchases: Customers also have the option to separately purchase pillows from our site, known as “Direct Purchases.” To place a Direct Purchase order, customers must follow the purchase process on our Services, and the purchase will be accepted once the pillows are shipped to the customer.

Data Check: To ensure the security of our customers and prevent fraud, our payment processing provider or a third-party service provider may verify the customer's address or place a hold on the payment method.

Scheduling: Customers may schedule the delivery of their pillow refresh through Goldilocks Club through our Services. Additionally, customers can request automatic shipments on a set schedule without the need for manual scheduling. By ordering a Pillow Pack, or a membership into the Goldilocks club customers authorize us to charge the price in accordance with our Terms of Use. Our Terms of Use apply to all Pillow Packs, and we reserve the right to refuse shipments to certain addresses at our discretion.

Pricing and Products for Willow

At Willow, we understand the importance of transparent and upfront pricing for our customers. Therefore, the prices of our products are disclosed before you receive your personalized pillow pack. While we strive to fulfill your pillow and sleep preferences as expressed in your Willow Sleep Survey, we cannot guarantee that every pillow selected will meet those preferences. As a customer of Willow, you are responsible for the payment of all products in your pillow pack, regardless of whether they match your sleep style or not. There are no refunds. This is due to the personal nature of the pillow product. Additionally, you are responsible for payment of any applicable Styling Fees and state and local sales taxes. In cases where we are required to collect and remit such taxes, they will be added to your order. At Willow, we may offer certain promotions or credits to our customers. Depending on the type of promotion or credit, it may reduce the amount of state and local sales taxes applied to your order. Any applicable promotions or credits will be reflected in your final receipt. Please note that in cases where we do not collect the applicable sales tax, you are responsible for the payment of any applicable use taxes.

Ownership of Intellectual Property

You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services (“Our Technology”), and the materials, information, and content made available or displayed by us through the Services (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use (a) the App on any compatible device that you own or control, and (b) the other aspects of the Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Willow, Sleep Inc., or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third-party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

Content Guidelines

Please use good taste in any and all content, including text, links, images, and videos, you post (“Your Content”) to our Services, including in our forums, comments to our blog, on your "boards," in your uploads, or on any other page or website related to Willow. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against you or Your Content in our sole discretion if you violate the guidelines below or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities.

You are solely responsible for Your Content. You assume all risks associated with the use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving the use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.

We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, developing, providing, and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.

General Rules of User Conduct

You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk email; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

Right to Suspend

Willow reserves the right, in our discretion, to suspend your Account, your use of the Services, or the sending of products at any time to protect the security or operation of the Services.

 Feedback

In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Products or the Services (“Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness, and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

Text Communications

Depending on the consent you’ve provided, we may send text messages that (1) provide you with information you’ve requested from us; (2) provide updates regarding your transactions with us; (3) remind you of pending items in a shopping cart; and/or (4) provide you with marketing or promotional content (individually and collectively, the “Willow Texts”). Where you agree to receive marketing Willow Texts, you may receive automated or non-automated marketing text messages from Willow to the number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. By consenting to receive Willow Texts, you represent that you are 18 years of age or older, and you further represent that you are the subscriber to the phone number that you provide to us. Please consult our Privacy Policy for information on how we use the information you provide us through Willow Texts, including how we may use cookies to personalize your experience (e.g. shopping cart reminders).

 Willow does not charge you for Willow Texts, but message and data rates may apply. We may

send you an initial message confirming your enrollment in our text message program. After that, message frequency will vary, and the specific amount may vary depending on how you use our Services. Willow reserves the right to alter the frequency of messages sent at any time. Willow also reserves the right to change the short code or phone number from which messages are sent. Reply to our texts with the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode, you may receive one additional message confirming that your request has been processed. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Willow through any other programs you have joined until you separately unsubscribe from those programs. Reply to our texts with the keyword HELP if you need assistance from customer service.

Willow Texts are supported on all U.S. carriers. The supporting mobile carriers may change without notice, and the particular text message program you join, including those operated through a different number, may be limited to specific carriers. Willow and the mobile carriers are not liable for delayed or undelivered messages. Our texts may not be compatible with all cell phone models.

 Modifications to the Site or Services

We reserve the right to modify or discontinue the Services (including Product shipments) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgment of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

 Privacy

We have created a privacy policy located at www.sleepwillow.com/pages/privacy-policy that describes our collection, use, and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use, and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services.

 Third-Party Content and Other Websites

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or for the violation of any third-party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include in Product shipments. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only, and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third-party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

 Disclaimer of Warranties

The Services and all content, products, and services included on or otherwise made available to you through the Services are provided by Willow “with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. Willow makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any content, products, or services included on, or otherwise made available to you through, the Services, unless otherwise specified in writing, including without limitation any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the services is at your sole risk. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from using the Products or dyes that bleed from the Products onto other items), and you agree that you will not sue Willow for any claim related to any Products purchased through the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms of Use.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

Limitation of Liability

You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise.

Moreover, Willow will not be liable for any allergic reactions, health conditions, or accidents resulting from the use of any Products, including but not limited to allergic reactions to materials, fibers, or chemicals used in the Products. It is your responsibility to review any materials and components of the products before use to prevent allergic or adverse health reactions.

We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from using the Products or dyes that bleed from the Products onto other items), and you agree that you will not sue Willow for any claim related to any Products purchased through the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms of Use.

 If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the six (6) months prior to the date of the event giving rise to our liability, or (ii) one hundred dollars (U.S. $100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

 

Indemnification

You agree to indemnify, defend, and hold harmless Willow, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information, or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots, or other similar harmful or deleterious programming routines input by you into the Services.

Copyright Violations

We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

- Identification of the copyrighted work(s) that you claim to have been infringed;

- Identification of the material on our Services that you claim is infringing and that you request us to remove;

- Sufficient information to permit us to locate such material;

- Your address, telephone number, and email address;

- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 It is our policy to disable or terminate your Account if you repeatedly infringe or are repeatedly charged with infringing intellectual property rights.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

 Please read this Section (“Dispute Resolution”) carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: Sleep Inc., 6650 Rivers Ave Ste 105 PMB 791240, North Charleston, South Carolina 29406-4829 US. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

 Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator will give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

 Additional Rules for Non-Appearance-Based Arbitration. If non-appearance-based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

 Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator will issue a written award and statement of the decision describing the essential findings and conclusions on which the award is based

, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the parties.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

 Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

 Severability If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed, and the remainder of this Dispute Resolution section will continue in full force and effect.

 Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival. This Dispute Resolution section will survive the termination of your relationship with us.

 Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.

 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

 Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, you and we agree to submit and consent to the personal and exclusive jurisdiction of, and the exclusive venue in, the state or federal courts located in [insert applicable jurisdiction].

General Terms

These Terms of Use and any action related thereto will be governed and interpreted by and under the laws of the State of South Carolina, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. These Terms of Use are personal to you, and you may not transfer, assign or delegate your rights and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void.

 You acknowledge that we have the right hereunder to seek an injunction if necessary to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements.

 If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect.

We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations.

We are located at the address set forth below. If you are a South Carolina resident, you may report complaints to the South Carolina Department of Consumer Affairs by contacting them in writing at 293 Greystone Boulevard, Ste 400, or by telephone at (803) 734-4200.

 Survival

Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Notice: Violations

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to hello@sleepwillow.com with the subject line “Legal Notice.”

Contact Information

Sleep Inc.

6650 Rivers Ave Ste 105 PMB 791240

North Charleston, South Carolina 29406-4829 US

Email: hello@sleepwillow.com

 

Last updated: August 27th, 2024