PangeaBed Terms Of Use

Last updated: March 29, 2017

OVERVIEW

Pangeabed.com’s Terms of Use (“Terms of Use”) consists of these terms, and any supplemental terms or agreements (“Other Agreements”) provided to you for any of the products and services offered, owned, or operated by Pangea Bed LLC, dba Pangeabed.com (“PangeaBed™”). The use of this website (“Site”), including the purchase of any Products (as defined below) is subject to the following Terms of Use. This is a legally binding contract in electronic form between you (“you,” “your,” and “yourself”) and Pangeabed (“we,” “us,” and “our”).

By using this Site, you agree to these Terms of Use as well as any other agreements (the “Other Agreements”) that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms of Use, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site.

We provide the Site in order to enable you to browse and purchase PangeaBed™ mattresses (“Mattresses”) and pillows (“Pillows”) (collectively, the “Products”).

ELIGIBILITY

In order to use the Site, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms of Use, and (b) have the power to enter into a binding contract with us and not being barred from doing so under any applicable laws in your country of residence.

This Site is not directed to children under 13 and we do not knowingly collect information from children under 13 without complying with applicable law.

CHANGES TO THE TERMS OF USE

We reserve the right, in our discretion, at any time, to modify, alter or update the Site and the Terms of Use. By accepting the Terms of Use, you agree to be bound by such modifications, alterations or updates.

ELECTRONIC COMMUNICATIONS

When you use the Site, participate in a chat session, submit forms or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

USER GENERATED CONTENT

Any reviews, comments, questions, ideas, suggestions, photos, and other material you send or post to the Site (“User Generated Content”) will be considered non-confidential and non-proprietary. We will have no obligations with respect to User Generated Content.

Unless otherwise provided by the Other Agreements you may enter into with PangeaBed™, by posting, uploading, adding, communicating, storing, or otherwise transmitting User Generated Content on, to, or through the Site, you understand and agree that you are giving PangeaBed™ a royalty free, irrevocable, perpetual, non-exclusive and fully sublicensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, creative derivative works from, incorporate and otherwise use the User Generated Content and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium or technology now known or later developed. However, you agree that PangeaBed™ has no obligation to use any idea or material contained in User Generated Content and you have no right to compel such use. By submitting User Generated Content, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your User Generated Content. Except for the materials provided to you by PangeaBed™ through the Site, you represent and warrant that you either are the sole and exclusive owner of the User Generated content, or you have all rights, licenses, consents, and releases that are necessary to grant to PangeaBed™ the rights in your User Generated Content as contemplated under the Terms of Use.

You further agree that none of your User Generated Content will include material that:

  • is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;
  • could interfere with anyone else’s use of the Site;
  • encourages or incites anyone to break the law;
  • violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding yourself or another person;
  • contains a virus or any other harmful or potentially harmful component; or
  • contains false or misleading statements of fact or descriptions of the origin of the material or the communication.

No Obligation to Monitor. Although you are solely responsible for the content you provide, PangeaBed™ may, but is not required, monitor User Generated Content. If PangeaBed™ becomes aware of User Generated Content that violates the Terms of Use or that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, PangeaBed™ may act to restrict access to or availability of this material, without notice to you in its sole discretion, or may take other action as described elsewhere in these Terms of Use.

If you notice that any other user’s submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact PangeaBed™ by emailing us at customersupport@pangeabed.com.

USE OF THE SITE

You agree to use the Site for its intended purpose. You agree that your use of the Site will comply with applicable laws. In addition, you agree not to take any steps in connection with your use of the Site that could adversely affect PangeaBed™, including engaging in or attempting to engage in the following conduct:

  • interrupting the operation of the Site in any manner whatsoever, including by imposing an unreasonable load on the Site;
  • deleting or revising any material or other information of any other user, PangeaBed™ or any third party;
  • harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
  • deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Site;
  • posting advertisements or solicitations of business other than those explicitly approved by PangeaBed™;
  • engaging in conduct that restricts, inhibits or discourages any other person or entity from using or enjoying all or any portion, features or functions of the Site, or which, in PangeaBed™’s judgment, exposes PangeaBed™. or any of its users, customers, or suppliers to any liability or detriment of any type;
  • engaging in conduct affecting PangeaBed™ adversely or reflecting negatively on PangeaBed™, the Site, PangeaBed™’s goodwill, name or reputation or causing duress, distress or discomfort to PangeaBed™ or anyone else, or discouraging any person or entity from doing business withPangeaBed™; or
  • taking any other action that could endanger or cause damage to PangeaBed™, other users of the Site, or other third parties.

PangeaBed™ may take any action that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated the Terms of Use. Under these circumstances, PangeaBed™ may also investigate your use of the Site and provide information about your use to law enforcement.

INTELLECTUAL PROPERTY RIGHTS

Copyright: All materials on the Site, including but not limited to images, software, audio, text and video clips (the “Materials”), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Materials are owned or licensed by PangeaBed™ or by its third-party licensors. You cannot use the Materials, except as specified herein. Any unauthorized use of the Materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use the Materials for any public or commercial purpose. Any reproduction of the Materials on any other web site or networked computer environment for any purpose is prohibited.

Trademarks: All trademarks, logos, and service marks (collectively, the “Trademarks”) that appear on this Site are proprietary to PangeaBed™, or the other respective owners of such Trademarks. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of PangeaBed™ or such third party that may own other trademarks displayed on the Site.

Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide PangeaBed™ with the following information:

  • identification of the copyrighted work claimed to have been infringed;
  • identification of the allegedly infringing material on the Site that is requested to be removed;
  • your name, address and daytime telephone number, and an e-mail address if available, so that PangeaBed™ may contact you if necessary;
  • a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
  • an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998 (the “DMCA”); see http://www.loc.gov/copyright/ for details. Notices with respect to the Site should be sent to legal@pangeabed.com. Consult your legal advisor and see 17 U.S.C. § 512(c) before filing a notice as there are penalties for false claims under the DMCA.

ACCOUNTS AND PASSWORDS

To facilitate purchases on the Site, you may choose to create an account by providing an e-mail address and password. You may also choose to use the Site and make purchases without creating an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. PangeaBed™ cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

If PangeaBed™ requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to PangeaBed™ changes, you agree to promptly provide PangeaBed™ with updated information.

GIFT CODES, OFFER CODES AND SPOKESPEOPLE

Gift Code and Offer Codes. From time to time, PangeaBed™ may offer qualified consumers “gift codes” or “offer codes” through a variety of channels (collectively, the “offer codes”) that are redeemable towards purchases on Pangeabed.com. Each offer code has its own rules and restrictions, which you must read and agree to before you may enter. Codes supplied or promoted by third parties unauthorized by PangeaBed™ will not be considered valid.

Spokespeople. From time to time, PangeaBed™ may engage spokespeople, influencers, bloggers or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive an offer code via a third party source, such as a spokesperson, please note that such individuals may have been compensated by PangeaBed™ for their marketing and promotion efforts.

WARRANTY

Mattress Warranty: Your Mattress is covered by a limited, 10-year warranty (the “Mattress Warranty”). If there is an issue with your Mattress, please review the Mattress Warranty and email us at customersupport@pangeabed.com. The Mattress Warranty is incorporated by reference into these Terms of Use.

Pillow Warranty: Your Pillow is covered by a limited 1-year warranty (the “Pillow Warranty”). If there is an issue with your Pillow, please review the Pillow Warranty and email us at customersupport@pangeabed.com. The Pillow Warranty is incorporated by reference into these Terms of Use.

RETURNS AND CANCELLATION

If you want to return your Products after your receipt of that particular product, please click on the Sleep Trial Policy page and follow the steps. The Sleep Trial terms are incorporated and referenced into these Terms of Use. You may cancel an order anytime prior to shipment. Please email customersupport@pangeabed.com to cancel your order prior to shipment.

Risk of Loss: Risk of loss and title for Products purchased from PangeaBed™ pass to you upon deliver of such Products (by PangeaBed™ or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

FEEDBACK

We appreciate hearing from our users and welcome your comments regarding the site. Please be advised, however, that if you send us creative concepts, designs, suggestions, inventions or materials (“Suggestions”), we will (a) own, exclusively, all now known or later discovered rights to the Suggestions; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Suggestions; and (c) be entitled to unrestricted use of the Suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

LINKS TO OTHER SITES

PangeaBed™ makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from the Site, or websites linking to this Site.

AMENDMENTS

We reserve the right to update and revise the Terms of Use at any time. Your use of the website constitutes your acceptance of the Terms.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

DISCLAIMER

YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE) ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY PROVIDED IN THE MATTERESS WARRANTY AND PILLOW WARRANTY FOR PURCHASED PRODUCTS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PANGEABED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT PANGEABED WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR CONTENT OR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.

OTHER USERS OF THE SITE MAY SUBMIT CONTENT OR COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND PANGEABED CANNOT PREDICT THE CONTENT OR COMMUNICATIONS THAT USERS POST. PANGEABED THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THE SITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO PANGEABED’S NEGLIGENCE OR GROSS NEGLIGENCE, WILL PANGEABED, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF PANGEABED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

EXCEPT AS EXPRESSLY PROVIDED IN THE MATTERESS WARRANTY AND PILLOW WARRANTY FOR PURCHASED PRODUCTS, PANGEABED DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. PANGEABED ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL PANGEABED’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

TERMINATION

PangeaBed™ may terminate this agreement and/or suspend or terminate your access to the Site for any reason at any time without notice to you. Upon termination, applicable section of the Terms of Use shall survive termination of your account.

APPLICABLE LAWS

The Site is administered by PangeaBed™ from its offices in Medford, New York, United States of America. These Terms of Use are governed and interpreted under the laws of the State of New York, excluding its conflicts of law provisions. You agree that any claim or dispute against Pangea Bed LLC. arising out of or relating to the use of the Services must be resolved by a court located in the Eastern District of New York, unless otherwise agreed upon by all parties. Any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

GENERAL PROVISIONS

These Terms of Use and PangeaBed™’s Privacy Statement, which are part of this agreement and are incorporated herein by reference, set forth the entire understanding and agreement between you and PangeaBed™ with respect to the Site. You acknowledge that any other agreements between you and PangeaBed™ with respect to the Site are superseded and of no force or effect. If any provision of these Terms of Use shall be determined to be unlawful, void or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from these Terms of Use and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of these Terms of Use will not affect the validity and enforceability of any remaining provisions.

BY CONTINUING TO USE THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.