Terms 2017-11-15T06:39:38+00:00

TERMS OF USE

PLEASE NOTE THAT WHENEVER YOU USE OUR SERVICES AND PRODUCTS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE LEGAL TERMS OF USE. IF YOU DON’T AGREE TO ALL THE TERMS AND CONDITIONS YOU MUST NOT USE OUR SERVICES.

Kaya Sleep, Inc.  and its owners and shareholders (the “Company”) grants you a non-exclusive right and license to access and use www.kayasleep.com (the “Site”) for personal, noncommercial purposes. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by international copyright laws, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of the Site. Any unauthorized use shall immediately terminate the licenses and rights granted and any Licensors hereunder, and may subject you to civil and/or criminal prosecution.

By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

The Company does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within the Company’s control.

1. ACCESSING THE SITE

In order to provide you with our services, the Company may require that you first provide certain personal information, which we determine is reasonably necessary. Any personal information which we collect from you will only be used for the purposes identified in our Privacy Policy that can be found here and this Terms of Use, and as may otherwise be indicated at the time the information is collected. Although You are under no obligation to provide such personal data to us, if you choose not to, some of the Company Services may not be available to you.

If you choose, or are provided with, a user name, 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 acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, 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. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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 of Use.

2. CONTENT SUBMISSION

By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and sublicense rights from the owner, and you grant the Copmany a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to the Copmay to sublicense any and all of the foregoing rights to third parties, in all cases without compensation to you. In addition, you warrant that all “moral rights” that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of the Company, its agents, subsidiaries, affiliates, Licensors, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives.

The Company reserves the right to change, condense or delete any content on the Site that the Company deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post or provide any information to the Sites:

  1. that is known by you to be false, inaccurate or misleading;
  2. that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. that violates any law, statute, ordinance or regulation in any applicable jurisdictions (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
  4. that is, or may reasonably be considered to be, defamatory, hateful, racially or religiously biased or offensive (including the use of swear words), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  5. for which you were compensated or granted any consideration by any third party;
  6. that seeks to obtain a commercial advantage;
  7. that includes any information that references other web sites, addresses, email addresses, contact information, phone numbers or other personal information such as credit card numbers; or
  8. that contains any computer viruses, worms or other damaging or potentially damaging computer programs or files.

In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. You should also note your obligations to indemnify the Company (among others) for the content you submit as set forth in the indemnity section, below.

You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any sales being conducted through the Site. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without the Company’s prior written consent.

3. MERCHANT REVIEWS

We may enable you to submit a merchant review on the Site to describe your shopping experiences with merchants.

  • You may submit a merchant review only in good faith and about a merchant from whom you have actually purchased or attempted to purchase products, limited to where you have (i) completed the ordering process, (ii) exchanged payment data, and/or (iii) received an invoice number.
  • You agree to submit the corresponding and legitimate invoice number or equivalent confirmation of order number/identifier when submitting the merchant review (“Invoice Number”). You acknowledge and agree that the Invoice Number will be made available by the Copmpany to the applicable merchant in conjunction with your review, and accordingly, the merchant may be able to contact you regarding your review or otherwise.
  • You may only describe your experience with the merchant for which you are writing a merchant review. You should not review any merchant on situations that are not controlled by the merchant you are reviewing.
  • You may submit no more than one merchant review of a particular merchant in any thirty (30) day period.
  • Any merchant review that you submit is subject to the conditions and restrictions described in the CONTENT SUBMISSION section, above.
  • You acknowledge and agree that the Company may, in its sole discretion, post only the first ten (10) merchant reviews it receives from users (which may not include your review) that are related, on a case by case basis and in whole or in part, to a product or service listing error by a merchant, such as, but not limited to, an error in the price of a product(s) or a service, the number of units of a product(s) available for a certain price, the shipping rates for product(s), or inventory levels.

Upon becoming aware of the same, the Company will omit any merchant review that it determines on the face of the review (only) violates any requirements in this Terms of Use. The Company will not itself edit or modify the contents of a merchant review; it will only remove a review in accordance with the foregoing.

By providing the Invoice Number, you acknowledge and agree that you may be contacted by the Company and/or the applicable merchant to which/whom the invoice relates. You acknowledge and agree that your review may not be displayed if the Invoice Number does not match the associated information in the Company’s records. A merchant may dispute the validity of an invoice identified by you and may submit a complaint to the Company. This may result in the Company opening a user review inquiry. During the user review inquiry, the Company may, in its sole discretion, remove the contested review, and/or require additional data or proof from the user to determine whether the review should remain or be reinstated on the Site. Failure of the user to participate in the user review inquiry will result in the removal of the contested review from the Site.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/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 THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

4. OTHER BUSINESSES AND LINKS TO OTHER SITES

The Company may provide links to the sites of third-party merchants and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by the Company of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. The Company is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use.

The Company has no control over the business practices of any third-party merchant or seller, nor does it controlin any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site.

5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE COMPANY’S CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH THE COMPANY ‘S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

6. INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold the Company its subsidiaries, affiliates, co-brand partners, and other parties with which the Company is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and/ or the Privacy Policy and/or resulting from any and all content you submit to the Company and/or the Site.

7. GEOGRAPHIC RESTRICTIONS

We provide this Site and the Services (including all warranty services) only for persons and/ or other customers located in the United States and as long as the metress is in the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. However, note that anyway no service nor warranty will be provided outside of the United States.

8. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed, construed and enforced in accordance with the laws of the State of Mississippi. Any judicial proceedings regarding the Services and this Agreement will be brought in the courts of the State of Mississippi.

9. LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these terms of service or the Site must be commenced within no more than two (2) years after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

10. COPYRIGHT INFRINGEMENT

The Company disclaims any responsibility for the content of any third party materials provided through or on its Site or other services (“Third Party Content”). The Company’s response to notices of alleged infringement regarding Third Party Content may include the Company removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity.

11. GENERAL

If any provision of these Terms of Use and Privacy Policy is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and all agreements and notices incorporated herein may be automatically assigned by the Company, in its sole discretion, to a third party. You may not assign your obligations to any other entity.

You must be at least 18 years old to use the Site. If you are under 18 years of age, you can use the services offered on the Site only in conjunction with your parents or guardians.

The Company reserves the right to modify or revise these Terms of Use and/or Privacy Statement at any time at its sole discretion. Your continued use of the Site will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.

All content, graphics, format, design, the user interface and other copyrighted material on the Site (collectively, “materials”) are protected by copyright law and other intellectual property laws, and are owned by the Company. The materials from the Site are only available for informational and non-commercial offline use.

12. ADDRESS FOR NOTICE

Notices to the Company can be sent to the following E-mail address: [email protected]

13. SUBSCRIBE TO OUR EMAILS

In order to receive our emails, you will be required to provide us with you email address. By submitting your email address, you understand that you will receive email communications from the Site, including commercial communications. You may unsubscribe if you wish to stop receiving emails from the Site at any time by follow the unsubscribe-link that is in the email itself or by sending an email to: [email protected]

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