PlushBeds, Inc. welcomes all of the valued customers, visitors and users of the PlushBeds.com website. You (referred to herein as "the customer", "you" "your(s)" or "user") agree that your use of such website is at your own risk. Please review the following basic rules that govern your use of our website. Please note that your access and use of our website constitutes your agreement to follow and be bound by those rules.
We may change, move or delete portions of, or may add to, our website from time to time. We may from time to time change the rules that govern your use of our website. Your use of our website following any such change constitutes your agreement to follow and be bound by the rules as changed.
PlushBeds™, PLUSHFOAM™, PLUSHFOAM-HD™, PLUSHGUARD™, PLUSH LIVING™, BEDBUDDY™ Referral program, BLUE BLISS™, COOL BLISS™, BOTANICAL BLISS™, ECO BLISS™, NATURAL BLISS™, ORGANIC BLISS™, BABY BLISS™, PACIFIC BREEZE™, OCEAN MIST™, ECO FIRE BARRIER™, CASHMERE DREAMS™, SEVENTH HEAVEN™ and SLICE OF HEAVEN™ Toppers are pending trademarks of PlushBeds, Inc. All rights reserved.
All other trademarks, product names, and company names and logos appearing on PlushBeds.com are the property of their respective owners.
Disclaimers and Limitation of Liability
You expressly agree that the use of PlushBeds.com is at your sole risk. You must be 18 years or older to register as a user. Neither PlushBeds, Inc. (referred to interchangeably as the Company and/or PlushBeds.com and/or PlushBeds™ herein), nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors ("Licensors"), or the like (collectively, "Associates"), warrant that PlushBeds.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of PlushBeds.com , or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through PlushBeds.com .
PlushBeds.com is provided on an "as is," "as available" basis, and the Company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by the Company nor its affiliates, nor any of its officers, directors, employees, agents, affiliates, providers, merchants, sponsors, licensors, or associates, or the like, shall create a warranty.
Under no circumstances shall the Company or any other party involved in creating, producing, or distributing PlushBeds.com be liable for any direct, indirect, incidental, special, or consequential damages that results from the use of or inability to use PlushBeds.com , including but not limited to reliance by you on any information obtained from PlushBeds.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Company's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content (including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material), merchandise, and services available through PlushBeds.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
All information contained on the PlushBeds.com 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.
Content: Proprietary Rights
You acknowledge that PlushBeds.com contains or may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, dress marks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Content: Accuracy and Reliability
While the Company makes every attempt to publish accurate and reliable Content on this website, under no circumstances shall the Company or its Associates be liable for any loss or damage caused by your reliance on information obtained through PlushBeds.com. It is your responsibility to evaluate the information, opinion, advice, or other Content available through PlushBeds.com.
All products displayed on the website are offered while supplies last. The prices displayed are quoted in U.S. dollars and are valid and effective only in the United States unless otherwise stated or authorized by an employed PlushBeds, Inc. representative. Descriptive or typographical errors, or website system errors, are subject to correction at any time without notice.
We have made every effort to display as accurately as possible the colors and/or textures of products that appear on PlushBeds.com. However, the actual colors and textures you see will depend on your computer monitor. We cannot guarantee that your monitor's display of any color or texture will be accurate.
The Company's Rights
The Company may elect to electronically monitor areas of PlushBeds.com and may disclose any Content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate this website; or (iii) to protect the rights or property of the Company, and its Associates. The Company is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from PlushBeds.com.
The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to users, the Company and/or Associates that make up PlushBeds.com , or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company nor its Associates can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither PlushBeds.com, nor its Associates, shall assume liability for any action or inaction with respect to conduct, communication, or Content on PlushBeds.com.
Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying PlushBeds.com will not be permitted. You agree to use PlushBeds.com only for lawful purposes. You are prohibited from posting on or transmitting through PlushBeds.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Public and Private Communications
The Company may solicit post-sale feedback from time to time. All messages, ratings, testimonials, comments, opinions, suggestions, (herein "feedback") transmitted through PlushBeds.com shall be and remain the exclusive property of the Company. Your transmission of such Feedback shall constitute your consent and assignment to the Company, of all worldwide intellectual property rights and interests in the Feedback. The Company will, without permission or compensation, be entitled to use, publish, promote, and distribute the Feedback in all fixed media forms currently available or any forms otherwise derived, at its own discretion. By submitting Feedback, you represent (i) you are the sole and exclusive author of the Feedback and you herein assign the sole and exclusive rights, title and interests in and to the Feedback, free and clear of any right, claim, lien, title or interest of any third party, (ii) you waive any rights of "droit moral" to all Feedback transmitted, and (iii) Neither the Feedback nor the Company's exercise of any rights granted hereunder will knowingly infringe upon or knowingly violate any right or interest of any nature whatsoever of any third party. All Feedback found on PlushBeds.com is for the exclusive use of The Company and is not to be reproduced or copied in any way. The Company is not responsible for your submissions or responses. The Company reserves the right to remove any Content that it deems in its sole discretion to be a violation of any law.
The Company may send promotional electronic mail to referrals in association with Company's BedBuddy™ Referral Program. By participating in the program and receiving a purchase Customer grants Company the irrevocable right to solicit said referrals with a promotional communication on Customer's behalf. Company reserves the right to reverse any promotional credits or discounts given for fraudulent email addresses, duplicate email addresses (duplicates received within prior six months), or spam. Customer should only list Referees known by Customer. Referees will not be added to Company's mailing list unless requested to do so by Referees. Company reserves all rights to modify or discontinue the BedBuddy™ Referral Program at any time without notice.
You agree to indemnify, defend and hold harmless the Company and its Associates from and against any and all liability, claims, costs and expenses (including, without limitation, reasonable legal fees and expenses), alleging or resulting from your use of PlushBeds.com in violation or breach of the Terms & Conditions.
Termination of Usage
The Company may terminate your access, or suspend your access to all or part of PlushBeds.com , without notice, for any conduct that PlushBeds.com , in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, the Company or Associates.
PlushBeds.com is controlled by the Company from its offices within the United States of America. The Company makes no representation that Content on the website is appropriate or available for use in other locations, and access to this content from territories where the content is illegal is prohibited. Those who choose to access this site from other locations do so upon their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to this website, the services provided through this website or the Content shall be governed by the internal substantive laws of the State of Florida.
You may not use PlushBeds.com to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are designated for such a purpose.
Acknowledgment and Changes
This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company, and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS by accessing any areas of the PlushBeds.com website. We reserve the right to change the Terms & Conditions at any time. If we make any change to the Terms & Conditions, we will post those changes on this page and they will become effective upon posting.