Terms & Conditions of Use
Last Revised: October 1st, 2013
Product Display and Information
We attempt to display the products featured on our website as accurately as possible. However, we cannot guarantee all detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S Dollars and are valid only in the United States. We reserve the right to change pricing at any time.
We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed.
All transactions are governed by the policies published at the date of the transaction including these Terms & Conditions of Use. As at the date of this revision of the Terms & Conditions of Use of the classicsleepshop.com site, these policies include Refunds & Returns, Shipping and Warranty Claims.
Unless otherwise noted, all materials on this website, including text, images, illustrations, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials ("Content") are owned, controlled or licensed by Classic SleepCare LLC. Content is provided solely for your personal, non-commercial use. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.
We do not claim ownership to any content, including text, images, illustrations, icons, photographs and other materials, you submit or make available through this website (hereinafter "user-generated content"). All user-generated content posted, submitted or otherwise transmitted to this website remains the sole responsibility of the person who originated such content. We do not and will not monitor or control user-generated content posted, submitted or otherwise transmitted to this website and take no responsibility for such content.
With respect to any user-generated content submitted or made available for inclusion on this website, you grant Classic SleepCare LLC, a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content. You hereby represent, warrant and covenant that any user-generated content you provide does not include anything to which you do not have the full right to grant the license stated above.
Copyright Infringement Policy
We respect the intellectual property rights of others and expect our users to do the same. We do not permit copyright infringing activities on this website and will, if properly notified, expeditiously remove or disable access to infringing content from this website. We reserve the right to remove or disable access to content without prior notice.
In accordance with the Digital Millennium Copyright Act (DMCA), we will expeditiously respond to notices of alleged infringements that are reported to Classic SleepCare LLC's Designated Copyright Agent (see Section 512(c)(3) of the DMCA or seek the assistance of counsel).
To file a copyright infringement notification with us, you will need to send a written communication that includes the following Notice and deliver it to our Designated Copyright Agent (Please note, the information provided in this Notice may be forwarded to the person who supplied the allegedly infringing content):Notice of Copyright Infringement:
- - Identify the copyrighted work that you claim has been infringed, or-if multiple copyrighted works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.
- - Identify the material you claim is infringing (the subject of infringing activity) and that access to which is to be disabled, including at a minimum the URL from the website page where such material may be found.
- - Provide information reasonably sufficient to permit us to contact you, or your authorized agent, including a name, address, telephone number and, if available, an email address.
- - Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- - Provide your full legal name and your electronic or physical signature, or a physical or electronic signature of a person authorized to act on your behalf.
Deliver this Notice, with all items completed, to our Quality & Compliance Officer who is our Designated Copyright Agent for the purposes of the DMCA:
Quality & Compliance Officer
Classic Sleepcare LLC
30851 Agoura Road, Ste 202
Agoura Hills CA 91301
Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity (content) is infringing may be subject to liability for damages.
Comments, Suggestions and Submissions
Any comments, suggestions, ideas, submissions or other communications submitted or offered to us ("Submissions") will be and remain the property of Classic SleepCare LLC. Submissions, whether via email, postal mail, or otherwise, will constitute an assignment to Classic SleepCare LLC of all worldwide rights, title and interest to all intellectual property rights in such Submissions. We will be entitled to use, reproduce, disclose, publish and distribute Submissions (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you. You agree that: Submissions will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; Submissions will not contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.
Links to Other Websites
This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience. We have no control over or responsibility for third party websites that you use at your own risk.
This website and Content are provided on an "as is" basis without warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise Content although we may modify Content at any time without prior notice. Your use of this website is at your sole risk and you assume full responsibility for any associated costs. We will not be liable for damages of any kind related to or arising out of your use of this website.
You agree to defend, indemnify, and hold Classic SleepCare LLC (including its officers, directors, employees and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, related to or arising out of your use of the website and/or your breach of the Terms.
Dispute Resolution, Choice of Law and Forum
In the event of any claim, action or dispute related to or arising out of any classicsleepshop.com transaction, your use of this website, or the breach, interpretation or validity of the Terms, ("Dispute"), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute.
If to Classic SleepCare LLC., notice will be sent to Classic SleepCare LLC., Attention: VP Operations, 30851 Agoura Rd, Ste 202 Agoura Hills CA 91301. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and Classic SleepCare LLC. agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this website or the Terms will be resolved only by state or federal courts located in Los Angeles County, California. The Terms will be construed in accordance with the laws of the State of California, without regard to any conflict of laws provision.
Waiver of any of the Terms will not be deemed a waiver of any other Terms or of our right to require strict adherence to any Terms at any time. If any Terms are deemed unenforceable or invalid for any reason, that provision will be severable from remaining provisions, which will remain in full force and effect. These Terms constitute the entire agreement between us relating to your use of this website.