Last updated: March 29, 2017
We provide the Site in order to enable you to browse and purchase PangeaBed™ mattresses (“Mattresses”) and pillows (“Pillows”) (collectively, the “Products”).
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.
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.
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.
You further agree that none of your User Generated Content will include material that:
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:
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:
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 firstname.lastname@example.org. 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.
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 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.
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.
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.
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.
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).
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.