The Back-to-Sleep Pillow
The Back-To-Sleep pillow is not a medical device. It is simply designed with the intention of promoting back-sleeping to help naturally minimize wrinkles on the face and neck. Your use of this Website and purchase and use of the Back-To-Sleep pillow is subject to the terms and disclaimers that appear throughout this Website.
The information (including, without limitation, advice and recommendations) on the Website is not intended as medical or healthcare advice, and shall not be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts.
Claims Made on Website
Sleep Time Products, LLC makes no promises or guarantees regarding the Back-to-Sleep pillow’s effectiveness in reducing or preventing wrinkles, reducing snoring, or any other claims made on this Website or any other promotional materials. The Back-to-Sleep pillow has not been scientifically evaluated regarding any claims made on this Website or any other promotional materials.
Use of the Back-to-Sleep Pillow
Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before using Sleep Time Products. Discontinue using the Back-to-Sleep pillow if its use causes persistent pain, stiffness, or other discomfort. The back-to-sleep pillow is not designed nor recommended for children.
Warning! Keep Plastic Bag Away from Children
The plastic bag in which the Back-to-Sleep pillow is shipped is not a toy and can cause suffocation. Keep the plastic bag away from children.
Caution! Keep Away from Flames
Although the Back-to-Sleep pillow meets all fire code regulations, it is not fire retardant. Never expose the Back-to-Sleep pillow to flames or high heat and never smoke near the Back-to-Sleep pillow.
Care and Maintenance
Do not machine wash the Back-to-Sleep pillow. Spot clean only, with a damp cloth and air dry. The pillow covers are machine washable.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SLEEP TIME PRODUCTS, ITS SUPPLIERS, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITE.
Applicable Law; Dispute Resolution
This Agreement and the resolution of any dispute related to this Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. The parties agree that in the event of any dispute which arises between the parties relating to this Agreement which the parties are unable to resolve, said dispute shall be submitted solely and exclusively to arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, including the AAA's Supplementary Procedures for Consumer-Related Disputes. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. Said dispute shall be submitted individually by you, and shall not be subject to any class action status.
You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney's fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with this Agreement. Said arbitration shall occur exclusively in the city and county of Los Angeles, California.
All lawsuits, causes-of-action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city and county of Los Angeles. The terms of this section survive any termination of the Agreement.
Order and Payment Information
If you use the Website or other means to purchase a product, payment must be received by Sleep Time Products prior to Sleep Time Products’ acceptance of an order, unless otherwise agreed by Sleep Time Products. All Sleep Time Products purchases are subject to sales tax which will be applied to your order total. In the United States, Sleep Time Products is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Sleep Time Products is required to follow the rules of each state. Your final order will include the appropriate state and local taxes.
The information communicated on the Website constitutes an electronic communication. When you communicate with Sleep Time Products through the Website or via other forms of electronic media, such as e-mail, you are communicating with Sleep Time Products electronically. You agree that Sleep Time Products may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that Sleep Time Products provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Types of Information Collected
In order to better provide you with our services, we collect two types of information about our users: Personal Information and Nonpersonal Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our site.
Personal Information: Personal information includes your name, address (both billing and shipping addresses), email address credit card information, phone number and information about the products you purchase from us. We share your name, billing address, phone number and the products you purchase with the vendors we use to process your order and ship the products to you. We share your credit card information with the vendors who process the credit card purchase. We use your shipping address to ship your products to you. We use your billing address to verify your billing information.
Nonpersonal Information: This refers to information that does not by itself identify a specific individual. We
gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site’s Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
Collection Methods and Use of Information
We do not collect any Personal Information about you unless you voluntarily provide it to us. You provide certain Personal Information to us when you submit your credit card or other payment information when ordering and purchasing products on our site.
In addition, we may also collect, or our third party ad server and/or content server may collect, certain Nonpersonal Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our site and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at out site.
Release of Information
We do not sell, trade, or rent your Personal Information to others. We and our service partners use your Personal Information to operate our site and to deliver its products. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.
We will encourage our service partners to adopt and post privacy policies. However, the use of your Personal Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally we may be required by law enforcement or judicial authorities to provide Personal Information to the appropriate governmental authorities. We will disclose Personal Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Nonpersonal Information about our customers’ sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personal Information.
Security of Information
At our site you can be assured that your Personal Information is secure, consistent with current industry standards. The importance of security for all Personal Information associated with our user is of utmost concern to us. Your Personal Information resides on a secure server that only select Sleep Time Products personnel and contractors have access to via password. We encrypt your Personal Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.
In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our site. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.
We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personal Information or information about your purchases. We and our third party ad server will collect and use Nonpersonal Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personal Information to them.
Privacy Policies of Third Party Sites