READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
1. RESERVATION OF CHANGES.
We may change the Site and Services we offer and/or choose to modify, suspend or discontinue this Website at any time and with no notification to you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform you of any modifications to these Terms by posting them on this Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. Unless otherwise stated, these expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
2. GENERAL USE.
We invite you to use this Website for individual, consumer purposes (“Permitted Purposes”). In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the text, data, information, software, graphics, photographs and other content (“Materials”) on the Sites; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in this Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If you make copies of any of this Website while engaging in Permitted Purposes then we ask that you be sure to keep copies of all of our proprietary notices as they appear on this Website. If you breach any of these Terms the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials and any copies thereof.
3. USING THIS WEBSITE AND THE WEBSITE’S SERVICES.
We appreciate you visiting this Website and allow you to visit the Website without registering with Us. By using this Website, you represent, acknowledge and agree that you are at least 18 years of age, and you agree to be bound by these Terms of Service. You also acknowledge and agree that any interactions, orders or requests you make via telephone, chat or through a customer service representative on your behalf will be bound to our Terms of Service. In order to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through this Website, We may require you to successfully register an account with Us.
A. PASSWORD-RESTRICTED AREAS OF THIS WEBSITE.
If you want an account with Us, you must submit the following information through the account registration page on this Website: 1) a working email address; 2) your first and last name; and, 3) a password.
You may also provide additional, optional information so that we can provide you a more customized experience when using this Website. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes. If you forget your password, we will send a password update to your provided email address.
You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of This Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for This Website has been breached in any way, you must immediately notify Us.
You agree to pay all applicable fees related to purchases made on this Website. We may suspend or terminate your account and/or access to Our Services and this Website if your payment is late and/or your offered payment method (e.g., financing, credit card or PayPal) cannot be processed. By providing a payment method, you expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your purchases. We partner with financing providers such as Affirm to offer financing of purchases on our Site. If you select to make a purchase using the Affirm financing option, your purchase will be subject to Affirm’s Terms, including completion of a credit check and approval. See Affirm – Help for details.
We understand that you might cancel your account, but please know that we will only provide refunds in accordance with the “Cancellations, Returns, Exchanges, and Refunds” section below. Risk of loss and title for products you purchase from Us pass to you upon delivery of any such products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
C. CANCELLATIONS, RETURNS, EXCHANGES, AND REFUNDS.
You may cancel an order any time prior to processing. You may return any of your products for a full refund (not including fees for shipping and/or White Glove Service) subject to the terms and conditions for returns for each of our products. Our return and refund policies for our products, which are incorporated into these Terms, are available on our Site.
We reserve the right to reject any and all orders, for any reason.
Refunds will be issued in the form of the original payment. If you purchased a product using an Offer Code (as defined herein), the dollar value of the Offer Code will not be refunded or credited back if any or all products are returned.
Unless a product exchange is requested due to a manufacturing defect or a warranty claim, exchanges are processed as returns and refund requests are processed as described herein. After returning the product to be exchanged, you may place an order for the replacement product. You may only request one exchange. No refunds will be given for shipping fees or for White Glove Service fees on product exchanges or returns.
If you wish to return any products you purchased from us, please contact Customer Service by email at firstname.lastname@example.org to arrange for the return. Once the products have been returned and if such products fulfill the terms and conditions herein, you will be refunded the entire amount paid for such products less (i) any offer code or other discounts, (ii) fees for shipping and (iii) fees for White Glove Services.
D. WHITE GLOVE SERVICE.
We offer white glove delivery of some of our larger furniture products (“White Glove Services”). For Us to provide you White Glove Services, an adult over the age of 18 years must be present at the delivery address at the scheduled time. If no adult is present at the time of delivery, we reserve the right to leave the package with a secure authority or at a secure location, in Our sole discretion. All mattresses removed using the White Glove Services must be in sanitary conditions. All fees for White Glove Services are non-refundable after we ship the products to the White Glove Service provider and cannot be refunded in the event you return any products.
E. OFFER CODES.
From time to time, we may offer qualified consumers offer codes (“Offer Codes”) through various communications and advertising channels that are redeemable towards a purchase on the Website, while supplies last, and subject to certain product exclusions or any other restrictions as determined and communicated by Us in Our sole discretion. Only valid Offer Codes provided by Us and fulfilling the terms of such Offer Code will be honored at checkout. Offer Codes supplied by a third party unauthorized to provide such Offer Codes by Us will not be considered valid. Each Offer Code is non-transferable and valid for single use on an item as provided in the terms and in Our sole discretion. Offer Codes cannot be used towards taxes. The Offer Code must be provided in the applicable box at checkout when purchasing the product. We are not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of the Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the products are returned. Offer Codes may have expiration dates and we may decide to stop accepting any Offer Codes or stop any promotion at any time for any reason in Our sole discretion. Offer Codes are void if copied, transferred, sold, exchanged or expired and where prohibited. Requests not complying with all terms and conditions of the Offer Codes will not be honored.
4. ELECTRONIC COMMUNICATIONS.
By using the Website and/or the Services provided on or through the Website, you consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of your relationship with Us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications may be in writing.
5. OUR TEXT MESSAGE PROGRAM
This Website currently utilizes the services of Klaviyo, Inc. for text message marketing and customer communication. By participating in this Website’s Text Messaging Program, you agree to receive recurring automated promotional and personalized marketing texts (e.g., SMS and MMS) messages (e.g. cart reminders) from Us, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or to any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Standard carrier message & data rates may apply.
Message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which messages are sent and we will attempt to notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Us, our service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
To opt out of our text message program, text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Us and Our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Us through any other programs you have joined until you separately unsubscribe from those programs.
Dispute Resolution – In the interest of resolving disputes between you and Eco Terra Beds in the most expedient and cost effective manner, you and Eco Terra Beds agree that any dispute arising out of or in any way related to these text messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Us or Our service providers will be resolved according to Section 16 of these terms.
7. LINKS TO THIRD-PARTY SITES.
We think links are convenient, and we sometimes provide links on this Website to third-party websites. If you use these links, you will leave this Website. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.
Certain areas of this Website (e.g. customer ratings and review areas) may permit you to submit feedback, information, data, text, software, messages, photos, videos, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are promising Us that:
By submitting a User Submission, you grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sub-licensable through multiple tiers) to:
9. CUSTOMER PRODUCT REVIEW WEBSITE MODERATION POLICY.
Customer reviews will be curated in a timely manner and in Our sole discretion, whether solicited or unsolicited and without regard to the star value of the review, as follows:
We reserve the option to remove a customer review:
Violation(s) of the Guidelines – A customer’s violation of this Policy may lead to the restriction of the customer’s ability to post reviews, removal of their content, or suspension or termination of the customer’s Website account.
Uniformity - All guidelines are applied uniformly to all reviews submitted, regardless of whether the review provides positive or negative customer feedback, particularly when deciding whether or not we remove or refuse to post a review. For example, if we withhold a negative review for including obscene language, we will also withhold positive reviews that include obscene language.
“Verified” Status Reviews – Customer reviews that are marked “Verified” visually indicate that the review was provided by:
As such, they will only be removed if they violate any of the guidelines listed above.
Sorting & Filtering Reviews – All customer reviews will include the date of the review, and their order may be sortable by date, relevance, or some variables selectable by the consumer; We reserve the right to adjust the filters and sorting features at any time.
Outreach & Solicitation – On occasion, We may identify and contact our customers to solicit a customer review. If any incentive is provided in exchange for a review (e.g., discount, payment, opportunity, etc.), then the reviewer must disclose that “material” connection clearly in the review. See the FTC’s Endorsement Guidelines for more details. To the extent the reviewer fails to disclose such compensation, We will remove the review consistent with these guidelines.
10. UNAUTHORIZED ACTIVITIES.
To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and Us, all rights in this Website remain Our property.
Unauthorized use of this Website may result in violation of various United States and international laws. Unless you have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
You agree to hire attorneys to defend Us if you violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Our defense of such claim.
11. INTELLECTUAL PROPERTY RIGHTS
Eco Terra Beds reserves all rights to any intellectual property owned by Us in use on this Site. All other trademarks, product names, and company names and logos appearing on EcoTerraBeds.com are the property of their respective owners.
12. DISCLAIMER OF WARRANTIES; LIMITED WARRANTY.
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.
All information contained on Our Website is intended for informational and educational purposes. The information is not intended nor suited to be a replacement or substitute for professional medical treatment or for professional medical advice related to back, neck, hip pain (or any other types of pain) or sleeping disorders. We urge you to always seek the advice of your physician or medical professional with respect to your medical condition or questions. As a recipient of information from this website, you are not establishing a doctor/patient relationship with any physician.
The products sold through this Site are subject to the terms of the individual product limited warranties available on our site (the “Product Warranties”).The Product Warranties are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and the terms of any Product Warranty, the terms of the applicable Product Warranty shall govern.
13. LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $100.00.
14. LOCAL LAWS; EXPORT CONTROL.
We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are solely responsible for following applicable local laws.
Any submissions by you to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, online submission, text, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
16. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
Please Read This Provision Carefully. It Affects Your Legal Rights.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as Our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Us in the same proceeding.
This Provision provides that all disputes between you and Us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of your access to this Website without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Ventura County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving Our rights. These Terms are the entire agreement between you and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
18. CALIFORNIA CONSUMER NOTICE.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service is provided by Eco Terra Beds and / or its subsidiaries and is owned and operated by Eco Terra Beds. If you have a question or complaint regarding the Website or Service, please contact Customer Service at email@example.com. You may also contact Us by writing to Eco Terra Beds, 3233 Mission Oaks Blvd., Bldg C, Camarillo, CA 93012. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
19. CONTACT US.
If you have any questions about these Terms, or if you would like to contact Us for any other reason, you may contact us by email at firstname.lastname@example.org.
Terms of Service last updated: May 11, 2022.