Terms Of Service

‍Last updated July 10, 2023

1. AGREEMENT

It’s important to note that supplemental terms and conditions or additional documents posted on the Site are considered part of these Terms of Use. Any changes will be effective immediately upon updating the “Last updated” date, and you are responsible for reviewing the updated Terms of Use. Your continued use of the Site after any changes constitutes acceptance of the revised Terms of Use. By providing these Terms of Use, Bed USA ensures that users are aware of the conditions and guidelines for using the Site.

2. PROPERTY RIGHTS

According to the Terms of Use, the Site and its contents, including source code, databases, software, designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos (referred to as the “Content” and “Marks”), are proprietary property owned or controlled by Bed USA or licensed to Bed USA. The Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States, international copyright laws, and international conventions.

Unless expressly stated in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without the express prior written permission of Bed USA.

However, eligible users are granted a limited license to access and use the Site, as well as to download or print portions of the Content for personal, non-commercial use, provided they have gained proper access. All rights not expressly granted to users in relation to the Site, Content, and Marks are reserved by Bed USA.

3. REPRESENTATIONS

By using the Site, you make the following representations and warranties:

You have the legal capacity to enter into and comply with these Terms of Use.
Your use of the Site will not violate any applicable laws or regulations.

If you provide any information that is untrue, inaccurate, not current, or incomplete, Bed USA reserves the right to suspend or terminate your account and deny your current or future use of the Site, either in whole or in part.

4. PRODUCTS

We strive to provide accurate and reliable information about the products available on the Site. However, we cannot guarantee that the colors, features, specifications, and details of the products will be completely accurate, reliable, or free of errors. Please note that the actual colors and details of the products may differ from what is displayed on your electronic device. All products are subject to availability, and we cannot guarantee that items will always be in stock. We make every effort to ensure the accuracy and availability of the information on the Site, but there may be occasional errors or discrepancies. We apologize for any inconvenience caused and appreciate your understanding in such cases.

5. PURCHASES AND PAYMENT

By making a purchase through the Site, you agree to provide accurate and up-to-date information, including your account and payment details. It is your responsibility to ensure that your account and payment information, such as email address, payment method, and payment card expiration date, are current and accurate.

We may add sales tax to the price of your purchases as required by applicable laws.

You authorize us to charge your chosen payment method for the total amount of your purchase, including any applicable shipping fees, at the prices in effect at the time of your order placement. In the event of any pricing errors or mistakes, we reserve the right to correct them and adjust the charges accordingly, even if payment has already been requested or received.

All payments must be made in U.S. dollars unless otherwise specified.

6. RETURN POLICY

Please review our Return Policy on our FAQ prior to making any purchases.

7. ACTIVITIES

The statement you provided suggests that the website in question prohibits users from accessing or using the site for any purpose other than its intended use. Additionally, it states that the site cannot be used for commercial activities unless explicitly endorsed or approved by the website operator.

This type of provision is commonly found in the terms of service or terms of use of websites to define the permitted uses of their platforms and to prevent unauthorized commercial exploitation.

If you have any specific questions or concerns related to the interpretation or application of this provision, it would be helpful to provide more context or details about the website or situation you are referring to.

8. CONTRIBUTIONS

When you create or make available any Contributions on the Site, you are representing and warranting certain things. However, since you haven’t provided the specific representations and warranties, I’m unable to complete the statement for you.

Please provide the representations and warranties that are listed after the introductory clause, and I’ll be happy to assist you further.

9. LICENSE

The statements you provided outline certain terms and conditions regarding the use of the Site and your contributions to it. Here’s a breakdown of each statement:

Access, storage, processing, and use of information: Both you and the Site agree that the Site may access, store, process, and use any information and personal data you provide, subject to the terms outlined in the Privacy Policy and any choices or settings you have specified.
Use of suggestions or feedback: By submitting suggestions or other feedback regarding the Site, you agree that the Site can use and share that feedback for any purpose without compensating you.
Ownership of Contributions: The Site does not claim ownership over your Contributions. You retain full ownership of all your Contributions, including any intellectual property rights or other proprietary rights associated with them.

It’s important to note that these explanations are based on the information you provided.

10. SUBMISSIONS

Non-confidentiality of Submissions: Any questions, comments, suggestions, ideas, feedback, or other information (referred to as “Submissions”) you provide to the Site or the Marketplace Offerings are considered non-confidential.

Ownership and rights: You acknowledge that these Submissions become the sole property of the Site. The Site will have exclusive rights, including intellectual property rights, over the Submissions. The Site is entitled to use and disseminate these Submissions for any lawful purpose, commercial or otherwise, without providing acknowledgment or compensation to you.

Waiver of moral rights: You waive all moral rights associated with these Submissions. This means you relinquish any rights to be identified as the creator of the Submissions or to object to how the Submissions are used.

Warranty of originality: You warrant that the Submissions you provide are either original to you or that you have the right to submit them.

No recourse for infringement: You agree not to hold the Site responsible for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.

11. MANAGEMENT

Monitoring for violations: The website reserves the right to monitor the Site for any violations of the Terms of Use. This includes reviewing user activity to ensure compliance with the stated rules and guidelines.

Legal action: The website reserves the right to take appropriate legal action, at its sole discretion, against any user who violates the law or the Terms of Use. This may involve reporting the user to law enforcement authorities if necessary.

Control over Contributions: The website has the right, at its sole discretion, to refuse, restrict access to, limit availability of, or disable any of your Contributions or any portion thereof. This means the website can take action regarding the content you contribute, including removing or restricting it.

Removal of excessive or burdensome files: The website has the right, at its sole discretion and without notice or liability, to remove from the Site or disable files and content that are excessively large or burdensome to the systems of the website. This is done to maintain the proper functioning of the website.

Management of the Site: The website reserves the right to manage the Site in a manner that protects its rights and property, as well as ensures the proper functioning of the Site and the Marketplace Offerings. This includes implementing measures to enforce rules, guidelines, and the Terms of Use.

12. PRIVACY

Privacy Policy incorporation: The website has a Privacy Policy that you can review at the provided link. By using the Site or the Marketplace Offerings, you agree to be bound by the Privacy Policy. The Privacy Policy outlines how the website collects, uses, and protects your personal information.

Hosting and data transfer: The Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from a region with different laws or requirements regarding personal data collection, use, or disclosure compared to the United States, your continued use of the Site implies that you are transferring your data to the United States. Furthermore, you explicitly consent to having your data transferred to and processed in the United States.

It’s important to read and understand the specific details outlined in the Privacy Policy to have a comprehensive understanding of how your data is handled on the website. If you have any further questions or concerns about data privacy, I recommend reviewing the provided Privacy Policy or contacting the website directly for clarification.

13. TERM AND TERMINATION

Duration of Terms of Use: These Terms of Use remain in effect as long as you continue to use the Site.

Right to deny access: The website reserves the right, at its sole discretion and without notice or liability, to deny access to and use of the Site and the Marketplace Offerings. This includes the ability to block certain IP addresses. The denial can occur for any reason or no reason, including a breach of the Terms of Use, applicable laws or regulations.

Termination of use and content deletion: The website may terminate your use or participation in the Site and the Marketplace Offerings, as well as delete any content or information you posted, at any time and without warning. This can be done at the sole discretion of the website.

Prohibition on creating new accounts: If your account is terminated or suspended for any reason, you are prohibited from creating a new account using your name, a fake or borrowed name, or the name of any third party. This restriction applies even if you are acting on behalf of a third party.

Legal actions: In addition to terminating or suspending your account, the website reserves the right to take appropriate legal action, which may include pursuing civil, criminal, and injunctive remedies.

14. MODIFICATIONS

Right to change, modify, or remove content: The website reserves the right to change, modify, or remove the contents of the Site at any time and for any reason at its sole discretion, without notice. This includes the ability to update information on the Site. However, the website is not obligated to update the information.

Modification or discontinuation of Marketplace Offerings: The website also reserves the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time.

No liability for changes or discontinuation: The website will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Site or the Marketplace Offerings.

Potential interruptions, delays, or errors: The website acknowledges that it may experience hardware, software, or other problems, or may need to perform maintenance on the Site, which can result in interruptions, delays, or errors. As a result, the website reserves the right to change, revise, update, suspend, discontinue, or modify the Site or the Marketplace Offerings at any time and for any reason without notice.

Disclaimer of liability: The website states that it has no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings.

Maintenance and support: The website is not obligated to maintain and support the Site or the Marketplace Offerings or provide any corrections, updates, or releases unless expressly stated.

15. LAW

The statement you provided states that these Terms of Use and your use of the Site and the Marketplace Offerings are governed by and interpreted in accordance with the laws of the State of New York.

It’s important to note that legal jurisdiction and the choice of governing law can vary depending on the specific website or platform. Therefore, it is advisable to review the complete Terms of Use or consult with legal professionals for accurate and up-to-date information regarding the governing law and jurisdiction associated with a particular website or platform.

16. DISPUTE

Restrictions

Individual Dispute: The agreement states that any arbitration shall be limited to the Dispute between the Parties individually. This means that disputes cannot be joined with any other proceedings or arbitrations.

No Class Action: The Parties agree that there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures. This prevents the arbitration from proceeding as a class action involving multiple individuals.

No Representative Capacity: The agreement also states that there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. This means that disputes cannot be arbitrated on behalf of a larger group or as a representative action.

Exceptions to Informal Negotiations and Arbitration

Intellectual Property Disputes: Disputes related to the enforcement, protection, or validity of any intellectual property rights of a Party are not subject to informal negotiations and arbitration.

Unauthorized Use Disputes: Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use are also exempt from informal negotiations and arbitration.

Claims for Injunctive Relief: Any claim seeking injunctive relief, which involves obtaining a court order to halt certain actions, is not subject to informal negotiations and arbitration.

If a provision within these sections is found to be illegal or unenforceable, the agreement states that the Parties will not elect to arbitrate any Dispute falling within that portion. Instead, the Dispute will be decided by a court of competent jurisdiction listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

17. CORRECTIONS

Possibility of errors or inaccuracies: The website acknowledges that there may be information on the Site that contains typographical errors, inaccuracies, or omissions. This can include information related to the Marketplace Offerings, such as descriptions, pricing, availability, and other details.

Right to correct errors: The website reserves the right to correct any errors, inaccuracies, or omissions present on the Site. This includes the ability to change or update the information on the Site at any time, without prior notice.

By exercising this right, the website aims to ensure that the information provided on the Site is as accurate and up-to-date as possible.

It’s important to note that these explanations are based on the information you provided. For complete details and accurate interpretation, it is advisable to review the full terms and conditions or contact the website directly for clarification.

18. DISCLAIMER

AS-IS and as-available basis: The Site is provided “as-is” and “as-available,” indicating that it is offered without any warranties or guarantees regarding its availability, performance, or functionality.

Disclaimer of warranties: The website disclaims all warranties, express or implied, related to the Site and your use thereof. The website does not make any warranties or representations about the accuracy or completeness of the Site’s content or the content of linked websites.

Limitation of liability: The website assumes no liability or responsibility for various aspects, including errors, mistakes, or inaccuracies in content and materials; personal injury or property damage resulting from access to and use of the Site; unauthorized access to or use of secure servers and personal/financial information stored therein; interruption or cessation of transmission to or from the Site; bugs, viruses, or similar harmful components transmitted by third parties; errors or omissions in content and materials; or any loss or damage incurred as a result of using content posted, transmitted, or made available via the Site.

Third-party products and services: The website does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties through the Site. The website will not be involved in monitoring any transaction between you and third-party providers of products or services.

User discretion and caution: Users are advised to exercise their best judgment and exercise caution when purchasing products or services through any medium or environment.

It’s important to note that these explanations are based on the information you provided. For complete details and accurate interpretation, it is recommended to review the full terms and conditions or contact the website directly for clarification.

19. LIABILITY

ypes of damages excluded: The website, its directors, employees, or agents will not be liable to you or any third party for direct, indirect, consequential, exemplary, incidental, special, or punitive damages. This includes damages such as lost profit, lost revenue, loss of data, or other damages that may arise from your use of the Site.

Knowledge of possibility: The limitation of liability applies even if the website has been advised of the possibility of such damages.

Liability limitation: The website’s liability to you for any cause whatsoever, regardless of the form of action, will be limited to the lesser of the amount paid by you to the website or $1,000.00 USD.

20. INDEMNIFICATION

Defense and indemnification: You agree to defend, indemnify, and hold the website, its subsidiaries, affiliates, officers, agents, partners, and employees harmless. This means you will protect them from any loss, damage, liability, claim, or demand made by any third party.

Covered situations: The situations in which you agree to defend and indemnify the website include: (a) your use of the Site, (b) breach of these Terms of Use, (c) breach of your representations and warranties stated in these Terms of Use, (d) violation of the rights of a third party, including intellectual property rights, and (e) any overt harmful act toward another user of the Site with whom you connected via the Site.

Indemnification costs: You agree to bear the expenses, including reasonable attorneys’ fees and expenses, associated with the defense and indemnification, unless the website chooses to assume exclusive defense and control of the matter at your expense.

Notification of claims: The website will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification once it becomes aware of it.

21. DATA

Data maintenance: The website will maintain certain data that you transmit to the Site. This data is managed to ensure the performance of the Site. User responsibility: You are solely responsible for all data that you transmit or that relates to any activity you undertake using the Site. This means you have the responsibility to ensure the accuracy and integrity of the data you transmit. Backup responsibility: While the website performs regular routine backups of data, you are responsible for any loss or corruption of data that you transmit or that is related to your activities on the Site. Waiver of liability: You agree that the website shall have no liability to you for any loss or corruption of your data. Additionally, you waive any right of action against the website arising from any such loss or corruption of your data. It’s important to note that these explanations are based on the information you provided. For complete details and accurate interpretation, it is recommended to review the full terms and conditions or consult legal professionals.

22. COMMUNICATIONS

Consent to receive communications: By using the Site, you consent to receive electronic communications from the website. This includes agreements, notices, disclosures, and other communications that are provided to you electronically via email or on the Site.

Legal requirement satisfaction: You agree that the electronic communications provided to you satisfy any legal requirement that such communication be in writing.

Use of signatures, contracts, and records: You agree to the use of electronic signatures, contracts, orders, and other records. You also agree to electronic delivery of notices, policies, and records of transactions initiated or completed by the website or via the Site.

Waiver of non-electronic requirements: By agreeing to electronic communications, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records. You also waive any requirements related to payments or the granting of credits by means other than electronic means.

23. RESIDENTS

The statement you provided informs users about the option to contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs if a complaint with the website is not satisfactorily resolved. Here are the contact details provided:

Users can utilize this contact information to seek further assistance in resolving their complaints if their concerns with the website are not addressed satisfactorily.

Please note that the provided information is based on what you provided, and it is always a good idea to verify the current contact information by visiting the official website of the California Department of Consumer Affairs or consulting with relevant authorities.

24. MISCELLANEOUS

Entire agreement: The Terms of Use, along with any posted policies or operating rules on the Site, constitute the entire agreement and understanding between you and the website.

Waiver: The website’s failure to exercise or enforce any right or provision of the Terms of Use does not operate as a waiver of that right or provision.

Permissible extent: The Terms of Use operate to the fullest extent permissible by law.

Assignment: The website may assign any or all of its rights and obligations to others at any time.

Limitation of responsibility: The website is not responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.

Severability: If any provision or part of a provision of the Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is considered severable and does not affect the validity and enforceability of the remaining provisions.

Relationship between the parties: No joint venture, partnership, employment, or agency relationship is created between you and the website as a result of the Terms of Use or your use of the Site.

Construction of Terms: You agree that the Terms of Use will not be construed against the website by virtue of the website drafting them.

Waiver of defenses: You waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of physical signing by the parties.