Welcome to Proper Pillow® Sleeping Posture Pillow!

These Terms and Conditions (“Terms”) govern your access to and use of our website located at properpillow.shop (the “Site”) and our online store services (the “Services”), provided by Proper Pillow® Sleeping Posture Pillow.

Please read these Terms carefully before using our Site or Services. By accessing the Site or using any Services, you agree to be bound by these Terms, including any amendments we make to these Terms from time to time. If you do not accept these Terms, you may not access or use the Site or Services.

You must be at least 18 years of age to use our Site or Services. Use of and access to our Site or Services by minors is not permitted.

USE OF THE SITE AND SERVICES

Permitted Use: The Site and Services are intended for your personal, noncommercial use only, provided that you comply with these Terms. We grant you a limited, revocable, non-transferable license to access and use the Site and Services for shopping and ordering goods as permitted by these Terms.

Prohibited Uses: You may not use the Site or Services for any unlawful or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Site and Services.

The following specific uses are prohibited:

• Harassing, abusing, stalking, threatening, defaming, or otherwise violating the legal rights of others in connection with your use of the Site or Services.
• Engaging in spamming, phishing, or other forms of unauthorized or unsolicited advertising.
• Infringing any third party’s copyrights, patents, trademarks, or other intellectual property rights.
• Posting, transmitting, distributing, or storing any unlawful, defamatory, infringing, obscene, or other objectionable material.
• Posting or transmitting material that exploits or endangers minors.
• Misrepresenting your identity or impersonating others.
• Distributing viruses, worms, Trojan horses, corrupted files, hoaxes, or other malicious code or content.
• Interfering with security or functionality of the Site and Services.
• Scraping, data mining, crawling, or spidering content from the Site or Services.
• Taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

No Endorsement: The Site and Services may link to third party information, websites, products or services. We provide these links only as a convenience. Such linkage does not imply endorsement, sponsorship or affiliation by us. We do not endorse, control, or operate any third party website linked from the Site or Services. Access and use of third party sites is at your own risk.

Modifications: We reserve the right to modify or discontinue the Site or Services at any time and at our sole discretion without notice to you. We will not be liable for any modifications, suspension or discontinuance of the Site or Services.

PURCHASE OF PRODUCTS

Order Acceptance: Your receipt of a purchase confirmation email does not signify our acceptance of your order. We reserve the right to accept or reject your order for any reason at any time prior to shipment. If we cancel your order before shipment, we will issue a refund to you in the amount of the purchase price.

Prices: All prices are shown in U.S. Dollars and are subject to change at any time. Additional shipping charges and sales taxes may apply, depending on shipping address and sales tax laws.

Payment Processing: We use third party payment processing services. If your payment fails after we have submitted your order to the processor, we may cancel your order and notify you of the failure.

Shipping & Delivery: We will arrange for shipment of your order to the shipping address you provide at checkout. Please make sure your shipping address is complete and accurate. Shipping dates are estimates only; your order will deliver within the timeframe specified during checkout based on the shipping method selected. We are not liable for any shipping delays and cannot guarantee any specific delivery date.

Returns & Refunds: Please review our Return Policy posted on our Site prior to making any purchases. All refunds and returns will be handled in accordance with our Return Policy.

INTELLECTUAL PROPERTY

Our IP: The Site, Services, and all content on the Site and Services, including text, graphics, logos, videos, music, sounds, images, software, and other materials, are owned by or licensed to us and are protected by copyright, trademark and other laws. All rights are reserved.

Your IP Grant to Us: By posting or submitting any material via the Site or Services, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, copy, modify, create derivative works from and distribute your content and to incorporate your content into any form, medium, or technology.

Third Party IP: We respect the intellectual property rights of others. If you believe that any of the content on the Site or Services infringes your intellectual property rights, please follow our Notice and Procedure for Making Claims of Copyright Infringement as outlined below.

USER CONTENT

User Content: You are solely responsible for any content you post, email, transmit, upload or otherwise make available via the Site or Services (“User Content”). You represent and warrant that your User Content complies with our Prohibited Uses section above.

License to Us: By posting User Content, you automatically grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, transferable license to use, copy, modify, create derivative works from, distribute and publicly display your User Content in connection with operating and providing the Site and Services.

No Privacy Obligations: We are not responsible for securing or maintaining privacy or security of any User Content. We are not obligated to store or backup any User Content. User Content is not considered confidential or proprietary and may be viewed by others.

Right to Remove User Content: We reserve the right (but do not have the obligation) to monitor User Content and to remove any content that we deem unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable in our sole discretion and without notice to you.

DISCLAIMERS

AS IS: THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE AND FUNCTIONS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

NO LIABILITY FOR USER CONTENT: WE ARE NOT RESPONSIBLE FOR USER CONTENT, AND DO NOT CONTROL, VET, OR EDIT USER CONTENT. WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF USER CONTENT. YOU UNDERSTAND THAT BY USING THE SITE AND SERVICES YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OFFENSIVE OR OTHERWISE OBJECTIONABLE TO YOU.

Third Party Services: We are not liable for third party services (such as delivery companies) that you choose to utilize in connection with the use of our Site or Services. Third party services are solely the responsibility of the provider.

No Endorsement: Reference herein to any products, services, companies, events, links, publications or the like, does not constitute or imply endorsement, sponsorship or recommendation by us.

No Financial Advice: No information provided as part of the Site or Services is intended to be or to be construed as financial advice.

LIMITATION ON LIABILITY

NO CONSEQUENTIAL OR INDIRECT DAMAGES: IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR SERVICES. THIS INCLUDES ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Proper Pillow® Sleeping Posture Pillow and our affiliates, directors, officers, employees, agents, contributors, third party partners, advertisers, sponsors and other partners from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses arising from: (a) your access and use of the Site and Services; (b) your User Content; and (c) your violation of these Terms.

TERMINATION

We reserve the right to terminate your access to the Site or Services at any time, with or without cause, with or without notice. Some provisions of these Terms will continue to apply even after termination.

GENERAL TERMS

Governing Law: These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles.

No Waiver: Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver or such right or provision.

Entire Agreement: These Terms constitute the entire agreement between you and us with respect to your access and use of the Site and Services.

Severability: If any provision of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed from the Terms and the remaining provisions will continue in full force and effect.

Amendments: We reserve the right to make changes to these Terms from time to time. If we make any material changes, we will notify you by email provided to us or by posting notice of the changes on the Site. Your continued use of the Site or Services after any changes made constitutes your acceptance of the amended Terms. We encourage you to review these Terms regularly for updates.

Assignment: You may not assign, delegate or transfer these Terms or any rights or obligations hereunder. We are free to assign these Terms at our sole discretion.

Contact Us: If you have any questions about these Terms, please contact us at [email protected].

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. If you believe that any content on our Site or Services infringes your copyright, please provide our Designated Copyright Agent (specified below) with a written Notice containing the following information:

• Your name and contact information, such as phone number, email address and mailing address.
• Identification of the copyrighted work you claim is being infringed.
• Identification of the material on the Site or Services that you claim is infringing your copyrighted work, including a description of where the infringing material is located sufficient to allow us to locate the material.
• A signed 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.
• A signed statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Your electronic or physical signature.

Our Designated Copyright Agent to receive Notices of claimed infringement can be reached as follows:

Email: [email protected]
Mailing Address:
Proper Pillow® Sleeping Posture Pillow
Copyright Compliance
123 Main Street
Nashville, TN 37217

We reserve the right to remove any content alleged to be infringing at our sole discretion without prior notice and without liability. Under appropriate circumstances, we will terminate access for users who repeatedly infringe intellectual property rights of others.

QUESTIONS

If you have any questions regarding these Terms, please contact us at:

Proper Pillow® Sleeping Posture Pillow
123 Main Street
Nashville, TN 37217
Email: [email protected]

These Terms were last updated on March 1, 2023.