- Terms of Service
Terms of Service
Welcome to levelsleep.com, a website owned and operated by Level Sleep LLC.
These following constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service. Throughout this document, the words “LEVELsleep,” “levelsleep.com,” “Level Sleep LLC,” “us,” “we,” and “our,” refer to us, LEVELsleep, Level Sleep LLC, or our website, levelsleep.com, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is or has visited levelsleep.com and is reading or has read this agreement between you and us. You must be 18 years of age to enter into any agreement with us, including an agreement to purchase our products.
“Agreement” means these Terms of Service;
“LEVELsleep” refers to the business which owns this website (Level Sleep LLC), our Site, or our Service, depending on the context of the usage;
“Site” refers to our website, www.levelsleep.com or other online properties owned or managed by us;
“Service” refers to the services that we provide through our Site, including but not limited to our online store;
“You” refers to the you the website visitor and agreeing to this Agreement.
B. Information that You Supply
When using our website, you may need to provide your first and/or last name, e-mail address, mailing address, credit card information, and telephone number. We may request all or some of this information, depending on whether you are signing up to receive additional information, offers and discounts, or other content, making a purchase, or interacting in some other way with us. We use a third party payment processor to process payments.
C. What LEVELsleep Does
LEVELsleep is a sleep products company that designs and sells mattresses, mattress toppers, pillows, accessories and other related products.
We use a third party payment processor to process payments made to us. The processors that we currently use are Stripe and Braintree. You agree that we are not responsible for any failure of our payment processor to remit payment to us for any payment that you make. You also agree that we are not responsible for any failure on their part to notify us of payment, and that in the event of these failures, it is your duty to resolve the matter directly with Stripe or Braintree before we will supply the products which you purchased from us.
Chargebacks are only appropriate for certain disputes, such as failure on our part to deliver the products we have sold you. Any fraudulent use of chargebacks is strictly prohibited and will be reported to the police and a credit bureau and further legal action may be taken.
LEVELsleep may use the postal service or a private courier to deliver the items you have purchased. You are responsible for any shipping and handling fees, as well as taxes, duties, and other obligations unless we have paid them on your behalf. If some states or countries, you may be responsible for paying a sales or use tax by reporting your purchase to your jurisdiction`s revenue department.
You acknowledge that we are not liable for any loss or damage involving the products that we have shipped to you once the package is in the custody of the shipper. This does not preclude us from making insurance claims from the shipping provider.
F. Refunds and Warranty
We may choose to provide you with a refund for a product you purchased or for purchases which we did not complete.
In the case of a delivered item being returned because it is defective, you are required to pay the shipping and handling fees involved in returning it to us, and you agree that:
- You are responsible for ensuring your returned item arrives safely to us;
- If we find that your item was not damaged, you are responsible for providing us with the shipping and handling fees necessary to return the item to you, or else we may dispose of it as we see fit within 30 days of receipt;
- We may only reimburse you for shipping and handling or other expenses up to the amount that it originally cost us to ship the item to you;
You agree to notify us prior to sending any damaged item back to us, so that we may, if eligible, claim insurance from the shipping service which sent the product. You agree to inform us of your intention to obtain a refund from us within 110 days of receiving your item, or whatever period is listed for each product’s return policy.
This is only a partial description of our refund procedures. For more information, visit the Warranty page.
You agree not to copy, distribute, present, broadcast, or otherwise reproduce any of the information on our website, or our website itself, without our prior written consent.
“LEVELsleep™” is a trademark used by us, Level Sleep LLC, to uniquely identify our Site and our Service. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our marks, or copy the look and feel of our website or its design, without our prior written consent.
I. We May Revoke Consent
Where and when we have given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. We may require that you immediately remove from circulation, display, publication, or other distribution, any of the marks, copyrighted content, or other materials that we previously consented for you to use. Thus, if granted such permission, we suggest you do not use our intellectual property in any manner that would result in a loss to you if we exercised our right to revoke this consent.
We are the seller, but not the manufacturer of the goods made available through our Service. As such, you agree that we are not in any way liable, for that or any other failure of these goods, to the extent that the law permits us to be released from such liability, including any damage or injury caused by such goods.
You agree that, although we may make certain medical-type statements on our Site about certain products, such as statements about what medical doctors or other experts believe or have found in various studies, such statements may have not been endorsed by the United States Food and Drug Administration (FDA), and may not be medically accurate. Please be advised that any endorsements or testimonials on our Site should be assumed to be paid endorsements, unless otherwise stated.
K. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR PRODUCTS OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR SITE WHICH PREVENT ACCESS TO OUR SITE TEMPORARILY OR PERMANENTLY.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY LOSSES CAUSED BY THE PURCHASE OF PRODUCTS THROUGH OUR SERVICE. THIS INCLUDES ANY FAILURE OR DAMAGE CAUSED BY A PRODUCT, INCLUDING INJURY TO PERSONS OR PROPERTY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability:
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or the products or services ordered from it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
M. Choice of Law
The laws in force in the State of California shall govern this Agreement and any dispute arising from this disagreement. The offer and acceptance of this contract is deemed to have occurred in the State of California.
N. Jurisdiction for Dispute
Any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of California.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and in so doing, that you will be responsible for our reasonable attorneys’ fees, court costs, and other disbursements.
You agree that the prevailing party in any dispute will be entitled to claim from the unsuccessful party the entire amount equal to the prevailing party’s reasonable attorneys’ fees, costs, and other disbursements.
We may assign our rights and/or obligations under this Agreement to any other party. You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.
If any single portion or combination of portions of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without the unenforceable provisions being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.
Any failure to act on our part against you, or anybody else, for actionable conduct under a breach of this Agreement should not be considered a waiver of our rights under this Agreement or under any applicable laws.
R. Force Majeure
You agree that we are not responsible to you for anything that we otherwise may have been responsible for if it is the result of events beyond our control including, but not limited to riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other such event beyond our control.
S. Termination & Cancellation
We may terminate your account, or our provision of services or information to you, or cancel your order at our discretion without explanation. Our liability for refunding you will be limited to the amount you paid directly to us, except in cases where the termination or cancellation was due to your breach of this Agreement. You agree that we are not liable in any way for refunding payments once our Service is at least partially provided to you, as we cannot guarantee that our Site will exist indefinitely.
This Agreement may be amended at our discretion. When we amend this Agreement, we will update this page and indicate the date that it was last modified. In the event that you refuse to agree to any new amendments in our Agreement, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if has been modified since the last time you agreed to the Agreement.
U. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about our Site must be addressed to our agent for notice and sent via certified mail to: James J. Abodeely, LEVELsleep, 579 1st St W, Sonoma, CA 95476. 1.844.545.3835
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: 3/31/2017