By using the Website, you are indicating to us that you agree to these Terms as they are written here. If you do not agree to these Terms, please leave and do not use the Site. If you have any questions about the Terms, please contact us at [email protected].
The Website allows you to learn about and to purchase Envi® mattresses, pillows, sheets, bed frames and other products (collectively, “Products”).
We may change, suspend, or discontinue any aspect of the Website at any time, including hours of operation or availability of the Website or of any Product or feature, without notice or liability.
We may offer Products through other authorized distribution channels, such as other sellers and websites; if so, the terms, conditions, and policies applicable to those other sellers and websites may apply, and those may be different than these Terms.
2) ELECTRONIC COMMUNICATIONS
By visiting the Website and/or communicating with us by email or by chat via the Website, you are communicating with us electronically and agreeing that we may communicate with you electronically (including by email, chat on the Website, notices posted to the Website, and possibly other means as well). You agree that all such electronic communications (including all notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.” We may also communicate with you via telephone; please let us know if you do not want us to contact you that way.
3) YOU MUST BE OVER THE AGE OF 13 TO USE THE WEBSITE AND TO BUY A PRODUCT FROM ENVI®
You may not use the Website unless you are over the age of 13.
If you purchase a Product via the Website on behalf of another person or organization, then by doing that you represent and warrant to us that you have the right and authority to do so and have, or have obtained the legal capacity to bind that other person or organization to these Terms.
4) CONTENT & INTELLECTUAL PROPERTY
You may not copy or use any of the Content and Intellectual Property of or on the Envi® Website without our prior written authorization. Content means all of the visual, audio-visual, and written information displayed on the Website, including all graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, “Content”). All Content on the Website is the property of Envi® and/or third parties with whom Envi® has a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.
The source code and compilation of this Website are likewise the exclusive property of Envi® and protected by applicable intellectual property laws. You are not authorized to use such source code for any purpose other than the ordinary use of the Website.
All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Website and/or Envi® Products (collectively the “Envi® Brand Marks”) are the exclusive property of Envi® and are protected by applicable intellectual property laws. In some cases, we may display Brand Marks that are owed by third parties with whom we have a relationship. You may not display or use the Envi® Brand Marks (or Brand Marks of third parties displayed on the Website) without our prior written authorization (or prior authorization from the applicable third party).
Please contact us at [email protected] if you have questions about our Content or intellectual property, including whether we are willing to authorize your use of the same.
5) LIMITED LICENSE AND WEBSITE ACCESS
You are allowed to use the Website only for your lawful personal use (or personal use on behalf of a third party). You may not use the Website to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
- Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed.
- Resell any Envi® Products or display or describe Envi® Products for commercial or competitive purposes, or in a false, misleading, or disparaging light.
- Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.
- Make commercial use of any Content or any Product available on the Website.
- Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Website.
- Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Contents of, or source code / HTML code underlying, the Website.
- Collect any information about users of the Website.
- Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Website;
- Impersonate another person, or misrepresent your affiliation, with a person or entity;
- Post advertising or marketing links or content;
- Access the Website from anywhere in the world where it is unlawful for you to do so.
You promise to defend, indemnify, and hold harmless Envi® (including its employees, officers, agents, and advisors) from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging, arising out of, or relating to any violation of these Terms. We will give you prompt notice of any such claim, actions, or demands.
6) TRUTHFUL COMMUNICATIONS
You promise that all of the information that you provide to Envi® when communicating with us via the Website and/or otherwise, and when purchasing Products from us, will be true, accurate, current, and complete. We are not responsible for problems that you encounter as a result of false, inaccurate, outdated, or incomplete information that you provide to us. For example, when you purchase a Product via the Website, we will ship that Product to the address that you provided while completing your order. If that address is incorrect, you may experience problems with your purchase for which we will not be responsible.
7) PURCHASING PRODUCTS
We will display on the Website the current prices for all Products available for purchase via the Website. The prices do not include applicable taxes and fees that we are legally required to charge you. We will inform you about any such taxes and/or fees before you are able to complete a purchase order. For example, certain jurisdictions require us to charge and remit separate fees to support those jurisdictions mattress recycling efforts.
We do not charge for standard ground shipping within the contiguous 48 United States. This excludes the non-contiguous states of Alaska and Hawaii as well as all off-shore United States territories and possessions, which include American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
The Website currently uses one or more third parties to process payments that you authorize in connection with purchasing Products. We will inform you of the methods of payment that our third party payment processors permit while you are placing your order.
All amounts listed and monetary transactions on and via the Website are in United States Dollars ($ USD).
8) 120-DAY "PERFECT NIGHT'S SLEEP" TRIAL, WARRANTY, AND OTHER REFUNDS / RETURNS
Please refer to our 120-Day “Perfect Night’s Sleep” Trial Policy and Industry Best Limited 15-Year Warranty to learn about the terms that apply to Envi® offerings. The 120-Day “Perfect Night’s Sleep” Trial Policy and Industry Best Limited 15-Year Warranty are each part of these Terms.
For questions about potential refunds or returns not covered by the 120-Day “Perfect Night’s Sleep” Trial Policy and Industry Best Limited 15-Year Warranty, please contact [email protected].
Generally, shipping is free for customers in the contiguous 48 United States. You may cancel an order anytime prior to shipment.
9) OLD MATTRESSES
When you purchase a mattress from Envi®, you have the option of asking us to help you coordinate the removal of your old mattress. Please contact our Customer Care department at [email protected] if you wish to take advantage of this option. In most cases, this will require the involvement of a third party service provider.
10) DISCOUNTS & PROMOTIONS
Envi® generally does not offer discounts or special promotions to the public. However, from time to time, we may offer special purchase terms on a very limited basis to persons, groups, or organizations with which we have a special business or philanthropic relationship. Any such special purchase terms may be subject to rules, terms, and conditions that are different than or in addition to these Terms.
11) CONTENT YOU SUBMIT TO ENVI®
From time to time, Envi® may allow you to submit or post reviews, comments, photos, videos, or similar content or materials on the Website (collectively, “Postings”). We welcome your Postings as long as they are appropriate. Postings may not harass, libel, defame, slander, threaten, or otherwise violate the legal rights of any other person or organization and may not be obscene, pornographic, defamatory, profane, or otherwise unlawful or indecent.
We reserve sole and complete discretion over whether to allow or display, and how to use, all Postings. By submitting a Posting to us (via the Website or otherwise), you grant Envi® an perpetual, worldwide, unlimited, fully assignable, royalty-free and fully-paid-up right and license to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform, create derivative works based upon, and otherwise use and exploit for any purpose (collectively, “Use”) such Posting through any means or method now or not yet in existence. The foregoing right and license includes a royalty-free license to Use the name, image, photograph and/or likeness of any person depicted in or identifiable from any Posting. You waive any and all rights under copyright law, right of publicity law, privacy law, and other legal rights (in addition to any “moral rights” that you may have in your Posting). Further, by submitting a Posting to Envi® (via the Website or otherwise), you promise to Envi® each of the following things:
- You possess all legal rights, authorizations, and/consents or releases necessary to grant to Envi® the foregoing rights in your Posting.
- Your Posting does not infringe, misappropriate, or violate any legal rights of any other person or organization party or entity.
Envi® has no obligation to monitor the Website or Postings to the Website. However, we reserve the right to maintain full control over all aspects of the Website, including all Postings, and we may remove, delete, redact, or otherwise modify any Posting at any time, for any reason, with or without notice or further obligation to you. If you do not agree with these terms, please do not submit a Posting.
Envi® does not promise or guarantee that the content of any Posting will be truthful, accurate, or reliable.
12) DIGITAL MILLENIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides procedures for copyright owners to follow if they believe in good faith that material appearing on the Internet infringes their rights under U.S. copyright law. If you have such a good faith belief with respect to any content posted on the Website, you or your agent should contact Envi® in a writing clearly identified as a “Notification of Claimed Infringement.” That writing should describe the alleged infringement and request that the allegedly infringing content be removed (or that access to it be blocked). A “Notice of Claimed Infringement” must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Envi® to locate the material on the Website;
- Your name, address, telephone number, and e-mail address (to the extent available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been improperly filed against you, the DMCA permits you to send Envi® a counter-notice describing why you have that belief.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices with respect to the Website should be sent to [email protected]. We recommend that you obtain professional legal advice before filing a notice or counter-notice under the DMCA. The DMCA imposes penalties for false claims made under it.
Envi® is not responsible for any dispute or disagreement between you and any other person or entity with whom you may communicate or interact via or while using the Website. You assume all risk associated with dealing with such third parties. You release and shall hold harmless Envi® from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dispute or disagreement. You also promise not to involve Envi® in such dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND (B) EXCEPT FOR OUR EXPRESS LIMITED WARRANTY, ENVI® (INCLUDING ITS EMPLOYEES, OFFICERS, AGENTS, AND ADVISORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE WEBSITE (AND PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ENVI® MAKES NONE OF THE FOLLOWING WARRANTIES, EACH OF WHICH ENVI® EXPRESSLY DISCLAIMS:
- THE WEBSITE WILL MEET YOUR EXPECTATIONS OR NEEDS
- THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THE NATURE, QUALITY, OR QUALITIES OF ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE WEBSITE WILL MEET YOUR EXPECTATIONS OR NEEDS
14) LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENVI® WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ENVI® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF THE FOLLOWING:
- YOUR USE, OR INABILITY TO USE, THE WEBSITE
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WEBSITE
- UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA OR INFORMATION THAT YOU PROVIDE TO US VIA THE WEBSITE OR OTHERWISE
- STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OR INVOLVING THE WEBSITE
- YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR THIRD PARTIES ON OR VIA THE WEBSITE
- ANY OTHER CIRCUMSTANCES ARISING OUT OF OR RELATING TO THE WEBSITE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, ENVI®‘S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF ENVI® CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE PRICE THAT YOU PAID FOR ANY PRODUCT(S) PURCHASED VIA THE WEBSITE OR $50.00 USD, WHICHEVER IS GREATER.
15) DISPUTE RESOLUTION; CHOICE OF LAW; MANDATORY ARBITRATION
We aspire and expect that we will never have a dispute with you. However, if a dispute, claim, or controversy arises out of or relating to these Terms (including an alleged breach or the termination, enforcement, interpretation, or validity thereof), the Website, or your purchase of Envi® Products or use of any service available via the Website, the following rules and procedures shall apply.
A. Informal Dispute Resolution
You and Envi® each agree that you will try in good faith to resolve such Dispute informally. If you wish to initiate this informal process, you should send a notice clearly marked “Notice of Dispute,” and containing a brief written statement setting forth your name, address, and contact information, the facts giving rise to your Dispute, and the relief you are seeking. You must send any such notice to Envi® at [email protected]. We will contact you via email at the address specified in any such notice or the physical address we have on file relating to any Product order you placed with us. You and Envi® agree to use reasonable, good faith efforts to settle any Dispute through consultation, communication, and negotiations within thirty (30) days of your submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Envi® may resort to the procedures described in the remainder of this section. If we have a Dispute with you, we will follow the same process, except that we will initiate the process by sending the “Notice of Dispute” to you via email at the address specified in any such notice or the physical address we have on file relating to any Product order you placed with us.
B. Mandatory Arbitration
In the event that you and Envi® are unable to resolve a Dispute through informal discussions within thirty (30) days of the “Notice of Dispute” (as described above), you and we agree to resolve such Dispute through final and binding arbitration, except as set forth under “Exceptions” below, and unless you have opted-out of this agreement to arbitration by following the procedure described below.
Opt-out of Agreement to Arbitrate
You can decline this agreement to arbitrate within thirty (30) days of your first use of the Webite or the date on which you purchased a Envi® Product (whichever is later) by contacting [email protected] in a writing (including via email) clearly marked “Opt-out of Agreement to Arbitrate” that states that you decline this arbitration agreement.
If you do not opt out, you and Envi® each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to your use of the Website under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be held in the United States county where you live or work, or in Portland, Maine, unless you and Envi® otherwise agree in writing. You may not, and you promise not to, initiate any legal action or proceeding against Envi® (including its employees, officers, agents, and advisors) in any other forum or location.
Envi® will pay all filing and arbitration fees for claims of less than $75,000 unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose. You are responsible for any other costs that you may incur in connection with the arbitration, including but not limited to attorney’s fees and expert witness costs, unless Envi® is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules shall govern payment of filing fees and arbitration fees. You and Envi® agree not to seek attorneys’ fees and costs in arbitration, unless the arbitrator determines that a claim is frivolous or was brought in bad faith or for an improper purpose.
You agree that you may resolve any Dispute with us only on an individual basis, and that you may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. Further, unless you and Envi® otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, consolidated or representative proceeding. You therefore acknowledge and understand that each of the following restrictions applies to any Dispute you have with Envi® (including its employees, officers, agents, and advisors) arising out of or relating to your use of the Website, purchase of any Products, or these Terms:
- YOU AND ENVI® ARE EACH GIVING UP THE RIGHT TO A JURY TRIAL
- YOU ARE GIVING UP YOUR RIGHT TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE
If any court or arbitrator determines that the class, consolidated, or representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration may proceed on a class, consolidated, or representative basis, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in a federal or state court of competent jurisdiction in Portland, Maine (Cumberland County). You and Envi® each irrevocably consent to venue and personal jurisdiction there and waive all objections to venue or personal jurisdiction there (except for objections based on failure of service of process). You and Envi® also each agree to waive our right to a jury trial in these circumstances.
Either you or Envi® may bring a lawsuit for injunctive relief to prevent and/or to stop (1) unauthorized use or abuse of the Website, (2) defamation, libel, or other false or misleading statements, or (3) any actual or threatened intellectual property infringement or unfair competition without first engaging in the informal dispute resolution and arbitration processes described above.
D. Choice of Law
These Terms and the relationship between you and Envi® shall in all cases be governed by the laws of the State of Maine without reference or recourse to its choice of law or conflicts of laws principles.
E. Terms Admissible as Business Records
16) YOUR FEEDBACK
We welcome your comments, suggestions, and ideas about the Website, but we have no obligation to acknowledge, review, agree with, or implement them. In addition, please understand that we retain sole and complete discretion to use, disclose, disseminate, publish, and publicly display anything you send us (including your ideas, suggestions, inventions, secrets, or content) without paying or otherwise compensating you or anyone else. If you do not wish to grant us those rights, please do not send us anything without first contacting and discussing the matter with [email protected].
17) OUR RIGHT TO TERMINATE YOUR ACCESS TO THE WEBSITE
Although we sincerely doubt that we will ever have any reason to do so, we reserve the right, in our sole and complete discretion, to terminate your access and ability to use the Website without notice or attendant liability. Upon termination, these Terms will still apply.
18) OUR RIGHT TO CHANGE OR UPDATE THESE TERMS
As time passes, we may review these Terms periodically to ensure that they comply with applicable law and remain consistent with our Products and operations. We therefore reserve the right to update and revise these Terms at any time without specific or direct notice to you. We intend to change the “Effective as of ___” date at the top of these Terms each time we revise these Terms, but please contact [email protected] if you have questions about whether we have changed or updated any of the Terms or about which version of the Terms applies to you. You may wish review these Terms regularly to ensure that you are aware of any changes or updates.
Our failure partially or fully to exercise any of our rights, or our waiver of any violation of these Terms, shall not prevent our later exercise of such right and shall not constitute or indicate our waiver of any subsequent breach. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any part or section of these Terms is determined to be invalid, void, or unenforceable for any reason, only that part or section will be severed. Such severing shall not affect the continuing validity and enforceability of the remaining parts or sections.
21) ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and Envi® with respect to the Website and supersede all prior or contemporaneous communications relating to the Website. Any rights not expressly granted herein are reserved.
22) CURRENT REVISION
The current version of our Terms went into effect as of:
January 1, 2016 at 12:00AM EST