Terms of Condition

Who We Are

As used in the Terms and on the Site, “The SleepUp” refers to Comfy and Mod, Inc., with headquarters located at 2020 Northeast 163rd Street, Suite 300,North Miami Beach FL 33162 United States, USA. If you have any questions about these Terms, the Privacy Policy or the Site, you may contact us via the Customer Chat Service provided on the Site.

These Terms and Conditions May Change

We reserve the right to update or modify these Terms at any time, upon notice to you in writing to the last address provided, by email, by posting on the Site or by any other reasonable means of communication. We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner. You confirm your acceptance of the modifications or updates by continuing to use the Site.

Eligibility

You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.

Your Account

You may be required to register with Us in order to access certain services or areas of the Site. Our  Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, or cancel orders.

Purchase Conditions

The price include delivery to your home, assembly, and our protection plan. Delivery and Assembly Once your order is complete, our representatives will contact you to coordinate the delivery. The bed is delivered within 72 hours and is assembled by our white-glove service team within approximate 20 minutes. We offer a 100-night trial, without any obligation. With our risk-free trial and return policy, you can try SleepUp in the comfort of your own home–pressure-free. If you change your mind, just contact our customer service and we will do the rest. Protection Plan Our protection plan covers failed welds, mechanism failures, Remote Control, and electrical failures for up to 5 years with no additional payment. Special Offers Occasionally we will offer special promotions to our customers that we refer to as “special offers” or “special offer”. This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

Intellectual Property

The Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Site (collectively, the “Materials”), is the property of Comfy and Mod, Inc. or that of Our authorized suppliers or licensors, and is protected by intellectual property and other applicable laws in the United States and/or abroad. Our intellectual property is registered in the United States and abroad. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without specific prior written permission from Comfy and Mod, Inc. We are the owner and/or authorized user of the Pottery Barn Teen brand as well as any other registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and is the copyright owner or licensee of the Materials on the Site, unless otherwise indicated. You may not use any metatags or any other “hidden text” utilizing any of Our names or trademarks without Our express written consent.

Use of the Site

We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Site and the Materials and other information contained on the Site. This license does not include any resale or commercial use of the Site; any collection and commercial use of any photographs or other Materials published on the Site; any non-personal use of Our product names, listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site or the Materials for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by Us and/or our suppliers and licensors. The licenses granted by Us to you automatically terminate if you do not comply with these Terms. You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, We prohibit certain kinds of conduct that may be harmful to other users or to Us. When you use the Site, you may not:

violate any law or regulation;

violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;

post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;

engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Web Site or mobile applications;

transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;

use any means to scrape or crawl any pages contained in the Site;

attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;

attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site; or

advocate, encourage, or assist any third party in doing any of the foregoing.

Disclaimer

THIS SITE AND ALL CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND THAT Comfy and Mod, Inc. AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR OUR MOBILE APPLICATIONS. IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Comfy and Mod, Inc. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF THE SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Comfy and Mod, Inc. AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Comfy and Mod, Inc. OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Product Pricing Information

The prices displayed on our Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. If you are in the U.S. or Canada, Site prices will be displayed in U.S. Dollars. Elsewhere, Site prices will generally be displayed in the local currency. The prices displayed in our printed catalogs are quoted in U.S. Dollars and are valid and effective only in the U.S.
For full-price products, “Suggested Price” or “Sugg. Price” refers to the manufacturers’ suggested retail price. “Our Price” refers to the everyday value price we offer to our customers. For sale products (identified by pricing in red), “Suggested Price” or “Sugg. Price” refers to the most recent selling price. “Sale” refers to the reduced price we are offering to our customers.

Text Message Program Terms

Comfy and Mod, Inc. offers its customers mobile alerts about order and shipping updates and other marketing messages about events, new products, and other offers by SMS message (the “Service”). By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the Service will start, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this Service and your agreement to these Terms. Comfy and Mod, Inc. reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
authorize Comfy and Mod Inc. to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
acknowledge that you do not have to agree to receive messages as a condition of purchase.
confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
and Conditions will survive the termination of your relationship with Comfy and Mod, Inc.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Comfy and Mod, Inc. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Other Provisions

Any action relating to the use of the Site, mobile applications, catalogs or any transaction with Comfy and Mod, Inc. must be brought in the state or federal courts located in the County of San Francisco, Florida. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.